Terms & Conditions

EXSPORTIA

TERMS & CONDITIONS

PLEASE READ THESE TERMS CAREFULLY.

These Terms govern use of the Exsportia software platform, website, applications and related services. By creating an account, making a booking, listing an event or venue, or otherwise using Exsportia, you agree to them.

 

1. WHO WE ARE

Exsportia is the software and platform brand operated by Education AI Group Co., Ltd. (“Education AI Group”, “Exsportia”, “we”, “us” or “our”), a company incorporated in Thailand with company registration number 0845568020186 and registered office at 2/1 Moo 6, Bophut, Koh Samui, Surat Thani, Thailand.

Exsportia provides software tools that help users discover, book and manage sports, fitness, recreational and activity services, including through web applications, mobile applications, white-label venue pages, booking widgets, and related support services (together, the “Platform”).

The Platform may be used by individuals booking activities (“Players”), and by venues, coaches, instructors, clubs, event organisers and other providers (“Hosts”). Players and Hosts are collectively referred to as “Users”.

2. ACCEPTANCE AND ELECTRONIC AGREEMENT

By accessing or using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you use the Platform on behalf of a business or other organisation, you confirm that you have authority to bind that organisation to these Terms.

Your acceptance may be recorded electronically. You agree that electronic records, confirmations, notices and communications may be used as evidence of your use of the Platform and of your acceptance of these Terms, to the extent permitted by applicable law.

Additional terms may apply to particular bookings, Hosts, services, promotions, payment methods, white-label pages or App Store / Google Play downloads. Where additional terms apply, they will be presented to you before or during the relevant transaction.

3. THE ROLE OF EXSPORTIA

Unless Exsportia expressly states otherwise at checkout or in a written agreement, Exsportia acts as a technology platform and intermediary. Hosts, not Exsportia, are responsible for the activities, venues, products, services and content that they offer through the Platform.

Exsportia does not own, operate, supervise, organise, insure, inspect, manage or control Hosts, events, venues, coaching sessions, equipment or activity services. A booking made through the Platform creates a contract for the relevant service between the Player and the Host, subject to the Host’s displayed terms and any mandatory applicable law.

Where we process payments, send booking messages, provide customer support, or assist with a refund, this does not make Exsportia the organiser or provider of the Host’s service unless we clearly state otherwise.

4. ACCOUNTS, ACCURACY AND SECURITY

Some Platform features require an account. You must provide accurate, current and complete information, keep it up to date, and keep your login credentials confidential. You are responsible for activity undertaken through your account unless you promptly notify us of unauthorised use.

  • You must not create an account using false details, impersonate another person, or use another person’s account without permission.
  • You must not transfer, sell, rent or share your account or account access.
  • We may request reasonable information to verify identity, ownership, authority, payment details, or compliance with these Terms.
  • We may suspend, restrict or terminate access where we reasonably believe there is fraud, misuse, a security risk, inaccurate information, a breach of these Terms or a legal requirement.

5. BOOKINGS, PAYMENTS AND CONFIRMATIONS

The Platform may allow Players to request, reserve or pay for a booking. A booking is confirmed only when the Platform or Host provides a clear confirmation. Some bookings may be subject to Host approval, availability checks, minimum participant numbers, weather conditions, safety requirements or other conditions displayed before booking.

Prices, taxes, fees, deposits, payment schedules, cancellation rules and any applicable booking conditions should be displayed before payment is completed. The Host is responsible for ensuring that its prices and booking information are accurate and lawful.

Payments may be handled by Exsportia, an affiliated payment service provider, or a third-party payment processor. You authorise the applicable payment provider to charge the selected payment method for amounts properly due for your booking, including authorised deposits, fees, taxes and agreed adjustments.

Where currency conversion is involved, your card issuer, bank or payment provider may apply its own exchange rate and charges. Exsportia is not responsible for those third-party charges.

6. CANCELLATIONS, REFUNDS AND NO-SHOWS

Each Host must publish a clear cancellation and refund policy for its own services. That policy will apply to the relevant booking, except where mandatory consumer protection law provides the Player with greater rights.

Cancellation rights can vary depending on the type of activity, time of booking, service date, whether a service has already been performed, and the law that applies. Do not rely on a generic “cooling-off” period unless it is expressly stated for your particular booking or required by law.

To request a cancellation or refund, use the booking tools provided in the Platform or contact the Host using the details provided. Where Exsportia processes the payment, we may assist in administering a valid refund in accordance with the Host’s policy, applicable law and the payment provider’s rules. A Player who does not attend a booking may not be entitled to a refund unless the Host’s policy or applicable law says otherwise.

We may cancel, amend or reschedule a booking where reasonably necessary because of safety, legal compliance, Host unavailability, force majeure, an obvious pricing or listing error, suspected fraud or a technical issue. Where payment was taken by or through Exsportia for a cancelled booking, the treatment of any refund will be explained at the time of cancellation and will be subject to applicable law.

7. RULES FOR PLAYERS

Players must use venues, facilities, equipment and services responsibly, follow the Host’s reasonable rules and safety instructions, and treat staff and other participants with respect.

  • You are responsible for deciding whether an activity is suitable for you, including your fitness, skill level, health and insurance needs.
  • You must provide accurate information requested by the Host, including details relevant to health, safety, age eligibility or participation requirements where lawful and necessary.
  • You must not damage, misuse, remove or interfere with venue property or equipment. You may be responsible for loss or damage caused by your intentional misconduct, negligence or breach of the Host’s rules, subject to applicable law.
  • You must not attend or participate while under the influence of alcohol, drugs or any substance that makes participation unsafe, where this would breach the Host’s rules or create a safety risk.

8. RULES FOR HOSTS

Hosts are independent providers using the Platform. A Host is solely responsible for its own venue, events, services, staff, content, pricing, taxes, permissions, licences, insurance, safety processes, cancellations, refunds, customer care and compliance with law.

  • You must have all rights, licences, permissions and authority required to list and provide your venue, activity, event, equipment, images and other content.
  • You must provide accurate, complete and up-to-date information, including availability, location, prices, inclusions, restrictions, participant requirements, cancellation terms and material safety information.
  • You must comply with applicable consumer protection, tax, employment, safety, licensing, privacy and advertising laws.
  • You must not list an activity or venue that is unsafe, misleading, discriminatory, unlawful, unavailable, materially different from its listing, or outside the scope of your authority to provide.
  • You must handle customer complaints and refunds fairly, promptly and in accordance with your published terms and applicable law.
  • You remain responsible for declaring and paying your own taxes and charges relating to your business and payouts, unless a written agreement says otherwise.

Host use of certain business, payment, white-label, data access, commission or payout features may also be governed by a separate written Host Services Agreement. If there is a conflict, that separate agreement prevails for those Host-specific commercial matters.

9. HOST FEES AND PAYOUTS

Exsportia may charge Hosts platform, subscription, transaction, commission, payment-processing, support or other fees, but only where the relevant fee structure has been disclosed or agreed with the Host. Fees, deductions, settlement timing, reserve arrangements and payout methods may be set out in a Host Services Agreement, pricing schedule, dashboard notice or payment-provider agreement.

We may withhold, delay, reverse or adjust payments where reasonably required to handle refunds, chargebacks, disputes, fraud, legal obligations, technical errors, tax withholding, payment-provider requirements or a breach of these Terms or a Host agreement. We will use reasonable efforts to explain material payout issues to the affected Host.

10. USER CONTENT AND REVIEWS

“Content” means text, reviews, ratings, photographs, videos, logos, venue details, event descriptions, messages and other materials that Users submit, upload or make available through the Platform.

You retain ownership of your Content. However, you grant Education AI Group a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence to host, store, reproduce, display, adapt, distribute and use your Content solely as reasonably necessary to operate, improve, promote and provide the Platform and related services. This licence ends when your Content is deleted from the Platform, except to the extent it has been shared with others, retained in backups, or needs to be retained for legal, security or record-keeping purposes.

You confirm that you have all rights needed to provide your Content and that it does not breach law or anyone else’s rights. We may remove, restrict or disable Content where we reasonably believe it breaches these Terms, infringes rights, creates a safety or legal risk, or is inappropriate for the Platform.

11. PROHIBITED USE

You must not use the Platform to:

  • break the law, infringe intellectual property rights, breach privacy, commit fraud, send spam, or mislead users;
  • harass, threaten, abuse, discriminate against or endanger another person;
  • upload malware, attempt to gain unauthorised access, interfere with security or disrupt the Platform;
  • scrape, crawl, copy or extract data or content from the Platform using automated means without our written permission;
  • reverse engineer, decompile, circumvent restrictions or attempt to access undocumented functions of the Platform;
  • collect or use other users’ personal data except as necessary for an authorised booking or as permitted by law and our Privacy Policy;
  • post content that is unlawful, sexually explicit, violent, hateful, defamatory, deceptive, infringing, or otherwise inappropriate; or
  • use the Platform to compete with, reproduce, resell or create a substitute for the Platform without our written consent.

12. INTELLECTUAL PROPERTY

The Platform, including Exsportia’s software, designs, interfaces, branding, trademarks, service marks, logos, text, graphics, code and other proprietary materials, is owned by or licensed to Education AI Group and is protected by applicable intellectual property laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Platform in accordance with these Terms. Except for this limited licence, no rights are granted to you. You must not copy, modify, distribute, sell, lease, sublicense, publicly display, reverse engineer or create derivative works from any part of the Platform unless law permits it or we give written permission.

13. THIRD-PARTY SERVICES

The Platform may link to or integrate with third-party services, including payment providers, app stores, maps, messaging tools, social-media platforms, analytics providers and Host websites. Those third parties operate under their own terms and privacy policies. We are not responsible for third-party services, content, availability, acts or omissions.

If you download an Exsportia application from Apple’s App Store or Google Play, you must comply with the relevant store’s terms. Apple, Google and their affiliates are not responsible for the Platform’s content, support or operation except to the extent their own terms require otherwise.

14. PRIVACY

Our Privacy Policy explains how Education AI Group and, where relevant, Hosts handle personal data in connection with the Platform. The Privacy Policy forms part of these Terms. Hosts may have their own privacy notices for the services they provide and are responsible for complying with their own privacy obligations.

15. CHILDREN AND MINORS

The Platform is not intended for children under 13 years old without verified involvement of a parent or legal guardian. A parent or legal guardian must make bookings or create accounts for a child where the child is under the age at which they can lawfully enter into a binding agreement or consent to the relevant processing.

Hosts are responsible for setting and enforcing appropriate age, supervision, safeguarding and consent requirements for their own activities. We may require confirmation of parental or guardian authority where appropriate.

16. AVAILABILITY, DISCLAIMERS AND ASSUMPTION OF RISK

We aim to keep the Platform available and accurate, but it is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we do not guarantee uninterrupted availability, error-free operation, security, accuracy, suitability or fitness for a particular purpose.

Sports, fitness and recreational activities can involve a risk of injury, property damage or other loss. You decide whether to participate, and you should obtain medical advice or insurance where appropriate. Nothing in these Terms excludes or limits responsibility that cannot lawfully be excluded or limited, including liability arising from fraud, intentional misconduct, gross negligence, death or personal injury where liability cannot be excluded under applicable law.

17. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Education AI Group and its directors, employees, contractors, agents and affiliates will not be liable for indirect, incidental, special, punitive or consequential loss, loss of profits, loss of opportunity, loss of goodwill, loss of data or business interruption arising from or connected with the Platform, a Host, an event, a venue, user content, or a booking between a Player and a Host.

Where Education AI Group is liable to you for a claim arising directly from the Platform, our total aggregate liability will not exceed the greater of: (a) the amount you paid directly to Education AI Group for the affected Platform service in the 12 months before the event giving rise to the claim; or (b) THB 5,000. This cap does not apply to liability that cannot lawfully be limited or excluded.

18. INDEMNITY

To the maximum extent permitted by law, you will indemnify and keep Education AI Group, its directors, employees, contractors, agents and affiliates harmless against claims, losses, liabilities, damages, costs and expenses arising out of your breach of these Terms, unlawful conduct, misuse of the Platform, infringement of another person’s rights, or Content you provide. This does not apply to the extent caused by our own negligence, intentional misconduct or breach of law.

19. SUSPENSION, TERMINATION AND ACCOUNT DELETION

You may stop using the Platform at any time. You may request account deletion through account settings where available or by contacting support@exsportia.com. Deleting the App alone does not necessarily delete your account or data.

We may suspend or terminate access, remove Content, cancel bookings where reasonably necessary, or close an account if you breach these Terms, create a safety or legal risk, are involved in suspected fraud or chargebacks, or where required by law. We will act reasonably and, where practical, tell you the reason for the action.

Termination does not affect obligations that by their nature should survive, including payment obligations, confidentiality, intellectual property rights, liability limits, indemnities, dispute resolution and data retention obligations.

20. CHANGES TO THE PLATFORM OR THESE TERMS

We may change, suspend or discontinue features of the Platform where reasonably necessary for operational, security, legal, technical or commercial reasons. We may also amend these Terms from time to time. For material changes, we will provide reasonable notice through the Platform, email, a dashboard notice or another appropriate method. Continued use after the effective date of the updated Terms means that you accept the updated Terms, where permitted by law.

21. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Kingdom of Thailand. Before bringing a formal claim, you agree to contact us at support@exsportia.com and give us a reasonable opportunity to resolve the matter.

Subject to any mandatory consumer protection law or other law that gives a court or authority jurisdiction, the courts of Thailand will have jurisdiction over disputes relating to these Terms or the Platform.

22. GENERAL

  • If any provision of these Terms is found unenforceable, the remaining provisions remain in effect, and the invalid provision will be enforced to the extent legally possible.
  • You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to an affiliate, successor or purchaser of our business, subject to applicable law.
  • No waiver is effective unless it is in writing. A failure to enforce a right is not a waiver of that right.
  • These Terms, the Privacy Policy, any applicable Host terms and any separate Host Services Agreement form the entire agreement for their respective subject matter and replace prior discussions or understandings on that subject matter.
  • If these Terms are translated, the English version will prevail to the extent permitted by law, unless a Thai-language version expressly states otherwise.

23. CONTACT

Questions, notices, complaints or legal requests about these Terms or the Platform can be sent to:

Education AI Group Co., Ltd.
Exsportia Platform
2/1 Moo 6, Bophut, Koh Samui, Surat Thani, Thailand
Email: support@exsportia.com

Effective date: 30 June 2026