Our Terms of Service
1.1. Scope of Application
1.1. Scope of Application
These Terms of Service shall apply to all business relations between us Sportsucate 18 UG (limited liability), Markgrafenstr. 12-14, 10969 Berlin and you in the version valid at the time the contract is concluded. Should you use conflicting terms of service, these are hereby expressly rejected.
1.2. Contract Agreement
Contract language is German and English. In case of doubt, the German version of the Terms of Service is binding.
1.3. Download via Play Store and App Store
Our app is available through the Apple App Store and the Google Play Store. The download is handled through the App Store. A user account is required for the download. You can set up this account in the App Store or Play Store. The use of the stores is subject to their Terms of Service. After you have downloaded and installed the app, you can either register for the first time or log in with your existing customers/user data.
1.4. Registration (Free License Agreement)
To use the full scope of our app it is necessary to create an account or log in using an existing Facebook account.
If you register with your e-mail address, you will be asked for the data required to provide the service after clicking on the "Register with e-mail" button. The entries are confirmed by clicking on the "Register" button. You will then receive an e-mail from us containing a confirmation link. By clicking on this link you confirm your e-mail address and complete the registration.
The password, which allows you access to your personal area, must be kept strictly confidential and must not be passed on to third parties under any circumstances. You take suitable and appropriate measures to prevent third parties from obtaining knowledge of your password. An account cannot be transferred to other users or other third parties. We are not liable for damages caused by the misuse of your password. By registering, you enter into a free user contract with us.
1.5. Account Termination
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine or by termination in writing to us. In particular, we reserve the right to delete accounts that have not been fully registered and have been inactive for a period of at least six months. The profiles and contents assigned to the account will also be deleted upon termination of the free usage contract.
1.6. Subsequent amendments to the Terms of Service
We shall be entitled to subsequently adapt and supplement the Terms of Service in relation to existing relationships insofar as changes in legislation or court rulings so require or other circumstances result in the contractual equivalence relationship not being disturbed only insignificantly. A subsequent amendment to the Terms of Service shall become effective if you do not object to the amendment within six weeks of notificaktion. We will expressly point out the effect of your silence at the beginning of the period as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you may terminate the contractual relationship extraordinarily unless we allow the contractual relationship to continue under the old Terms of Service.
2. Description of Services
2.1. General Information
2.1. General Information
We offer you an app which serves as a football coach for you. Training and nutrition plans will be developed
individually for you, which are specially adapted to your training goals. The training plans contain a variety
of training drills for different areas, including shooting, passing and coordination. Furthermore, the app
offers the possibility to watch all training units in detailed HD videos. You can also have your training
tracked by the app using the Player Scorecard, giving you the opportunity to view your training successes and
identify possible deficits. In addition, you can create, describe, evaluate and search for training places on
a map using parameters such as flooring, indoor/outdoor and size.\n\nStatistics for the training plan are also
- Average score achieved
- Number of training drills
- Burned calories
- Goals scored
The achievement of a certain physical success is not owed. Our service is the provision of content.
2.2 Provision of Services
We are entitled to have the contract or parts of the contract performed by third parties.
2.3. Service Timeliness
Unless expressly agreed otherwise, we provide the service immediately after registration by activating your account.
3. Your Responsibility
3.1. General Information
You are solely responsible for the content and correctness of the data and information you transmit. You also undertake not to transmit any data whose contents infringe the rights of third parties or violate existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.
You shall indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of costs of necessary legal representation.
3.3. Data backup
You are jointly responsible for saving the information sent. We cannot be held responsible for the loss of the information you send us as we do not provide a general data security guarantee.
3.4. Profile data
You are obliged to always keep the content and profile details you have entered up to date and to inform us immediately of any misuse of your profile.
3.5. Health advice
Our program is primarily aimed at healthy adults, adolescents and adolescents. Pregnant women and persons with health problems must obtain the advice of a doctor in advance and minors must obtain the permission of their legal guardian and prove it on our request. Irrespective of this, we advise every user to have a doctor determine that there are no health concerns before starting a training drill. Overstraining and jerky movements should be avoided in any case. Furthermore, you should have it clarified whether any existing mental or physical illnesses stand in the way of performing the training drills (e.g. anxiety and depression in connection with meditation exercises or heart failure in connection with relaxation exercises).
4. License Conditions of Training Drills
The content as well as the structure of the training drills provided by us are intellectual property of us.
4.2. Granting of Licenses
We transfer to you all rights of use necessary for you to the extent agreed in the contract and necessary for the respective use. With the end of the contract, the granting of the license expires.
4.3. License Conditions
Any further use requires our consent. In particular, the files and materials may not be passed on to third parties, nor may they be copied, duplicated or stored on data carriers or other media. It is also prohibited to use the contents, texts and training drills for one's own purposes in seminars, courses or otherwise vis-a-vis third parties without express written permission.
We reserve the right to claim damages for any violation of the contractual license conditions, in particular for violation of copyright.
5. Usability of the Services
5.1. Further development of the service / availability
We endeavour to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking the interests of the contractual partner into account. We are also entitled to interrupt the app operation partially or completely within reasonable limits for the purposes of updating and maintenance. To this extent, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
5.2. Technical requirements
The use of the app requires compatible devices. It is your responsibility to put or maintain the device in a condition that enables you to use the App Services.
6.1. Disclaimer of Liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical of the contract.
6.2. Reservation of Liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
6.3. Data backup
We carry out effective data backups as part of our service provision, but do not provide a general data back-up guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will back up the data with the necessary expertise. However, we do not guarantee that the stored content or data that you access will not be accidentally damaged or falsified, lost or partially removed.
6.4. Liability for Content
As the operator of the app, we are not liable for incorrect information provided by users in their contributions or profiles. An examination of the contents of our app (especially regarding the violation of third party rights) does not take place. Should we, however, become aware of incorrect, inaccurate, misleading or illegal information, we will immediately check it and remove it if necessary. Furthermore, we assume no liability for the accuracy, timeliness, completeness, quality or legality of the content not provided by us. We merely make our app available to you.
7. Final Provisions
7.1. Place of Jurisdiction
Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law.
7.2. Choice of Law
As far as there are no compelling legal regulations according to your home right, German law is considered as agreed under exclusion of the UN purchase right.
7.3. Consumer dispute settlement proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer mediation body.
7.4. Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining Terms of Service.