Duna HQ Organization Terms of Service

1. Agreement, authority, and organization account

These Duna HQ Organization Terms ("HQ Terms") are between Beach Elite LLC d/b/a Duna and the legal entity or sole proprietor identified when a workspace is created ("Organization"). The person accepting represents that they have authority to bind the Organization. The Consumer Terms apply to an administrator in their individual player capacity.

Duna permits one administrator to create or join multiple organizations. Each organization is a separate tenant, billing relationship, data boundary, payment configuration, brand, and responsibility. Owners must keep legal entity, address, tax, payout, and authority information current.

2. Plans, trials, fees, and changes

The selected plan, included features, usage limits, monthly or annual fee, transaction fees, and any promotional period are shown at signup or in an order form. Paid plans renew until cancelled. Taxes are additional unless stated otherwise. Duna may change future pricing with advance notice; changes apply at the next renewal or as permitted in the order form.

Duna HQ Free has no monthly software fee and includes all product features, subject to video allowances. It carries a 5% organization transaction fee in addition to payment processing. Club carries a 2.5% organization transaction fee, and Scale carries no organization transaction fee. Current prices and video allowances appear at signup and in billing settings.

Free-plan video bonuses are based on net organization transaction fees collected in the applicable month. Recurring video add-ons and pay-as-you-go overages are billed at the displayed rates. Refunds and disputes may reduce earned allowances or create billing adjustments.

Custom data, implementation, support, or payment terms require a signed order form. If an order form conflicts with these HQ Terms, the order form controls for that purchase.

3. Authorized users, roles, and security

The Organization controls invitations and roles for owners, administrators, managers, coaches, front desk, scorekeepers, and accountants. It is responsible for least-privilege access, prompt offboarding, device security, and user conduct. A team member may not change their worker classification without authorized administrator action.

Notify Duna promptly of suspected compromise. Duna may require multi-factor authentication, step-up verification, or restriction of high-risk actions.

4. Customer data and privacy roles

The Organization owns or controls the customer, staff, schedule, event, form, waiver, inventory, marketing, and operational data it submits, subject to individual rights and Duna's independent rights in platform accounts, security records, transaction integrity, and Sand Rating.

The Organization is responsible for lawful notices, consents, instructions, retention choices, and responses to rights requests for data it controls. Duna acts as service provider or processor for those instructions and may process data as an independent controller for authentication, fraud prevention, product security, billing, legal compliance, and platform-wide services.

5. Minors, guardians, safeguarding, and waivers

An Organization serving minors must implement legally appropriate parental consent, staff screening, communication, pickup, supervision, emergency, and safeguarding practices. Duna tools do not replace those duties.

The Organization is responsible for the content, enforceability, versioning, presentation, and retention of its policies and waivers. Duna records acceptance evidence but does not provide legal advice or guarantee enforceability.

6. Offerings, inventory, scheduling, and smart rules

The Organization is responsible for accurate events, services, goods, plans, membership benefits, credit rules, schedules, venues, courts, coaches, equipment, capacity, prices, taxes, eligibility, cancellation policies, waitlists, and approval rules. Smart rules and AI suggestions are configurable automation; the Organization must review them before publication.

Calendar sync, alerts, equipment allocation, and conflict detection may depend on third-party availability and are not guaranteed to prevent every conflict or double booking.

7. Payments, Connect, refunds, disputes, and reserves

Payment services are provided through Stripe or another disclosed provider. The Organization must complete onboarding and is responsible for its connected account, products, fulfillment, customer service, refunds, disputes, negative balances, reserves, prohibited activity, and payment-provider agreement.

The parties' checkout configuration determines charge routing, application fees, and settlement. Duna does not take custody of Organization funds. Duna may suspend checkout when payments, identity, risk, or legal requirements are incomplete.

8. Credits, memberships, payment plans, and failed payments

Organization credits are closed-loop units usable only with the issuing Organization. The Organization must clearly disclose purchase value, expiration, transfer, refund, cancellation, and forfeiture rules and comply with gift-card, stored-value, unclaimed-property, and consumer law.

Payment plans and recurring memberships involve collection risk. Duna may automate retries and notifications but does not guarantee future payments. The Organization remains responsible for fair collection, access suspension, refunds, and legally required notices.

9. Taxes and reporting

The Organization is responsible for tax registrations, classifications, rates, exemptions, filings, remittance, and professional advice. Duna may calculate tax from Organization and venue addresses through a tax provider, but the Organization must verify configuration. Reports support operations and do not replace accounting or tax advice.

10. Staff, coaches, compensation, and payroll boundary

The Organization determines whether a worker is an employee or independent contractor and is solely responsible for classification, wage and hour law, payroll, withholding, insurance, benefits, background checks, and employment records. Compensation tracking and goals are administrative tools. A future payroll feature is not active unless separately contracted.

11. Messaging and marketing compliance

The Organization must have a lawful basis and required consent before sending email, SMS, RCS, WhatsApp, or push campaigns; honor opt-outs; identify itself; avoid purchased or misleading lists; and comply with applicable telemarketing, anti-spam, privacy, quiet-hours, and platform rules.

Duna may block campaigns that pose deliverability, safety, fraud, or compliance risk. The Organization remains the sender of its campaigns even when Duna routes messages through providers.

12. Goods, inventory, and equipment

The Organization is the seller of its goods and is responsible for descriptions, title, safety, warranties, shipping, returns, recalls, sales tax, and inventory accuracy. Equipment cost, depreciation, rental, and coach-use records are operational estimates and must be reviewed by the Organization's accountant.

13. AI and analytics

Duna may provide forecasts, churn indicators, scheduling proposals, campaign suggestions, summaries, or automated configuration. These are decision-support tools and may be inaccurate. The Organization must review actions affecting money, access, staff, minors, safety, taxes, or legal rights. Duna does not promise a particular revenue, utilization, ranking, or retention result.

14. Acceptable use and platform integrity

The Organization may not use Duna for unlawful, deceptive, discriminatory, exploitative, infringing, unsafe, or payment-prohibited activity; manipulate results or ratings; send unlawful messages; misuse personal information; evade fees; scrape protected systems; or interfere with another tenant.

Duna may investigate, rate-limit, suspend, preserve evidence, or remove content when reasonably necessary for security, legal compliance, payment risk, user safety, or material breach.

15. Confidentiality, intellectual property, and feedback

Each party will protect the other's non-public business, technical, and customer information using reasonable care and use it only for the relationship, except for permitted disclosures to personnel, providers, advisers, or authorities. Confidentiality does not cover information lawfully public, independently developed, or rightfully received.

Duna owns the platform, documentation, designs, models, and improvements. The Organization owns its marks and content and grants Duna a license to host and display them to provide the Service. Feedback may be used without restriction.

16. Availability, warranties, and liability

Duna will use commercially reasonable efforts to operate the Service but does not guarantee uninterrupted availability. Preview, beta, or coming-soon features are provided without commitment and should not be used for critical obligations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUNA DISCLAIMS IMPLIED WARRANTIES. NEITHER PARTY IS LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, REVENUE, GOODWILL, OR DATA. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S AGGREGATE LIABILITY IS LIMITED TO FEES PAID OR PAYABLE TO DUNA UNDER THE APPLICABLE ORGANIZATION ACCOUNT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

The cap does not apply to payment obligations, misuse of the other party's intellectual property, breach of confidentiality, unlawful data use, indemnity obligations, fraud, gross negligence, willful misconduct, or liability that cannot lawfully be limited.

17. Indemnity

The Organization will defend and indemnify Duna against third-party claims arising from its offerings, facilities, staff, participants, waivers, messages, products, taxes, worker classification, unlawful data instructions, or breach of these HQ Terms. Duna will defend and indemnify the Organization against a third-party claim that the unmodified Duna software infringes a United States intellectual-property right, subject to prompt notice, control of defense, and reasonable cooperation.

18. Term, cancellation, data export, and organization ownership

The Organization may cancel a plan in billing settings. Access continues through the paid period unless suspended for risk or breach. Before deleting an owner account, ownership must be transferred or the Organization closed through a reviewed process. Duna will provide a reasonable export path for supported data while the account is active and for a limited period after termination.

Duna may terminate for uncured material breach, nonpayment, legal requirement, or serious risk. Provisions that by their nature should survive—including payment, confidentiality, intellectual property, liability, indemnity, dispute, and retention obligations—survive.

19. General terms and contact

Neither party may assign these HQ Terms without the other's consent, except in a merger, reorganization, or sale of substantially all relevant assets, provided the assignee assumes the obligations. The parties are independent contractors. Force majeure excuses delay caused by events beyond reasonable control, excluding payment obligations.

Before litigation, the parties will attempt good-faith resolution for 30 days after written notice. Applicable law governs without overriding mandatory law. Courts with lawful jurisdiction over the parties and dispute may hear claims. Mandatory arbitration is not imposed in this version.

Notices to Duna may be sent to legal@duna.coach. Operational support may be sent to support@duna.coach.