General Terms & Conditions (GT&C)
1. Introduction
1.1 The following terms of use (hereinafter referred to as "Conditions") apply to all services provided by SPM Sportplatz-Media GmbH, Schleidenstraße 3, 22083 Hamburg (hereinafter "SPM Sportplatz-Media"), in connection with their website (hereinafter referred to as "Website") and the PlayerPlus application (hereinafter referred to as the "App" (website and app together "Services") in relation to their users, among other things under the domain www.spielerplus.de or www.player.plus.
1.2 The relationship between the users and the platform operator (e.g., Apple’s App Store, Google's Play Store), through which the app is distributed, including any in-app purchases, is governed solely by the agreed conditions between the platform operator and the respective user.
2. Registration
2.1 The use of the services requires a registration of the user by entering his personal data and a valid email address. The information is to be provided truthfully and updated with changes. After registration, SPM Sportplatz Media prompts the user to confirm the given email address.
2.2 The user has to choose a password during registration. The password has to be kept secret by the user and not passed on to third parties. If third parties have knowledge of the password due to a fault on the part of the user, the user is liable for the damage resulting from the use of the password.
2.3 The user can create a team and invite other people by specifying their e-mail address. The user assures that he will not send invitations to knowingly invalid e-mail addresses and no invitations to persons who have not previously agreed to receive an invitation.
2.4 When a user creates a team, invites players, and manages the team, the user is listed as “Trainer” or “Admin” in the team list (hereinafter “Trainer”). Trainers are responsible for all personal data entered by them or by team members in accordance with data protection law. SPM Sportplatz Media processes the data according to Art. 28 GDPR only on behalf of the respective trainer. Compliance with data protection regulations generally requires a contract for order processing in accordance with Art. 28 GDPR, unless the trainer function is performed solely on a private or family basis in accordance with Art. 2 (2c) GDPR. In order for Trainers to be able to use all functions in accordance with data protection regulations – and insofar as they are not acting as natural persons for the purpose of carrying out activities exclusively on a personal or family basis – they also conclude a contract with SPM Sportplatz Media according to Art. 28 GDPR by agreeing to these terms of use. In their capacity as the persons responsible for data protection, Trainers use their own data protection declaration towards their team members. Unless the Trainers make use of the option to provide their own data protection information, this data protection information applies between the Trainers and the team members.
SPM Sportplatz Media is only responsible for data processing that goes beyond the relationship between the Trainer and team members, namely the provision of services on the website and within the web application and mobile app in the sense of the GDPR.
3. Services and Contents
3.1 SPM Sportplatz Media offers a variety of features to help coaches and players manage their team, including scheduling appointments, following responses live, planning lineups, managing the team treasury, publishing game reports, holding votes, executing the penalty catalog (“Services”). The services are free of charge in the basic version. Certain services with additional functions can be charged to the user within the scope of the offers for a certain period of time (“subscription services”).
3.2 For the technical operation and optimization of our services, we analyze the relevant usage parameters through the analysis tools Google Analytics, Sentry, and INFOnline. When utilizing such tools, we ensure compliance with the statutory data protection provisions. For more information on data protection when using these analysis tools, please see our data protection information.
3.3 By using the free basic version, the user agrees to provide SPM Sportplatz Media with the following data for analysis and marketing purposes (personalized advertising):
Website information (category, language, display size), user information (user ID, age, login, being a minor, admin role), team information (sport, men’s or women’s team), device information (mobile device, device screen, screen orientation, device system, system version, browser type, browser version), localization (country, city, zip code).
For more information on the data processing related to this, please see our data protection information.
3.4 In order to store his data and other information, the user is provided with a limited space free of charge. The storage capacity can be extended as a subscription service.
4. Subscription Services, Remuneration Payments
4.1 Within the scope of the offers, the user can order subscription services for a certain period of time. The team-subscriptions (e.g. Premium) are bound to the chosen team during the payment process, the user-subscriptions (e.g. advertisement-free) are bound to user - in every case intransferable. The respective period of time is determined by the user during the ordering process and is automatically extended by the fixed period if the user does not cancel the subscription service before the end of the period. The user can use the buttons offered for termination. If termination is not offered, the termination shall be addressed in writing to the address in 1.1.
4.2 Subscription services can be purchased with the means of payment offered in the course of the ordering process. The prices quoted include VAT. The subscription services are activated with the successful payment of SPM Sportplatz-Media.
5. User rights
5.1 The User is granted the simple, non-transferable and non-sublicensable right to use the services for the duration of the registration, for subscription services for the duration of the paid period, for private purposes.
6. User obligations, access block
6.1 The user may not (i) violate against good morals with his behavior when using the offers; (ii) infringe any protection, intellectual, personal, property or other rights of third parties; (iii) transmit content with viruses, so-called Trojan horses or other programming that may damage software; (iv) enter, save or send hyperlinks or content to which it is not authorized, and (v) integrate source code into the offers, thereby enabling him to extract data from the database or offers.
6.2 SPM Sportplatz-Media is entitled to block access to the services if the user violates his obligations under these conditions.
7. Hyperlinks
7.1 The services may include hyperlinks to third party websites. SPM Sportplatz-Media assumes no responsibility for the content of these websites, nor does SPM Sportplatz-Media adhere to these websites and its content, as SPM Sportplatz-Media does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
8. Guarantee
8.1 SPM Sportplatz-Media guarantees the most trouble-free availability of the offers within the scope of the technically and operationally acceptable. Periods during which the offers are not or only to a limited extent accessible due to technical or other problems beyond the scope of SPM Sportplatz-Media (eg force majeure, fault of third parties etc.) are excluded. SPM Sportplatz-Media will immediately remove faults within the scope of SPM Sportplatz-Media's technical and operational feasibility.
8.2 Insofar as services are made available free of charge, liability for material and legal deficiencies, in particular for their faultlessness, freedom from third-party protection and copyrights, completeness and / or usability - except in the case of intent or malice - is excluded. Otherwise, the statutory provisions apply.
9. Predictor game
9.1 Users have the opportunity to take part in a team internal prediction game. The SpielerPlus prediction game may not be used for any illegal gambling activities within the framework of the applicable legal regulations. Such activities authorizes SPM Sportplatz-Media to delete the prediction immediately.
9.2 SPM Sportplatz-Media is not liable for any breakdowns or errors in the prediction game, in particular not for the incorrect display of match schedules and results, unless intent or gross negligence exists.
10. Tracking
10.1 Users have the option to link their account at the performance tracking service provider Tracktics GmbH (www.tracktics.com) with their SpielerPlus account in order to display selected Tracktics performance data within their SpielerPlus account or the respective SpielerPlus team.
10.2 Users have the option to link their account to the health data services of Apple Health, Google Fit, and Huawei Health to display selected performance data within their SpielerPlus account or the respective SpielerPlus team.
10.3 SPM Sportplatz-Media is not liable for a malfunction of the Tracktics tracking, the Google, Apple, and Huawei Health Services or for errors in the tracking or respective health service or errors in the Tracktics or respective Health application, in particular not for the incorrect display of performance data, unless there is intent or gross negligence.
11. Deputy
11.1 Users have the opportunity to be represented by a representative. For this purpose, a user (who wants to be represented) sends an invitation from his account to the person (representative) who is to represent him or the persons (representatives) who are to represent him. The representatives can accept the invitation and thus have the possibility to fully serve the account instead of the user. The user and the representative have the possibility to unilaterally terminate the representative relationship at any time. By sending an invitation to a representative, the user consents to the representation.
11.2 SPM Sportplatz-Media is not liable for actions of representatives not intended by the user or misuse of the representation, unless intent or gross negligence exists.
12. Liability, viruses and malware
12.1 SPM Sportplatz-Media shall be liable to the user in case of willful intent or gross negligence or in the case of culpable injury to life, body or health for damages according to legal requirements. In addition, SPM Sportplatz-Media is only liable for contractual, typical, foreseeable, direct damages to the user and also only if SPM Sportplatz-Media or a legal representative or a fulfillment aid of SPM Sportplatz-Media was culpably involved.
12.2 Even if SPM Sportplatz-Media always tries to keep the offers free from viruses and malicious programs, SPM Sportplatz-Media does not guarantee freedom from viruses or malicious programs. Before downloading information, the user will provide appropriate security devices and virus scanners for their own protection as well as to prevent viruses on the application.
13. Revocation policy
13.1 Right of cancellation: The user has the right to cancel this contract within fourteen days without giving a reason. The cancellation period begins fourteen days from the day on which the contract is concluded. To exercise the right of cancellation, the user must inform SPM Sportplatz-Media GmbH, Schleidenstraße 3, 22083 Hamburg, [email protected] about the decision to cancel this contract by means of a clear statement (e.g., a postal letter or email). The following form can be used for the cancellation:
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
To: SPM Sportplatz Media GmbH, Schleidenstraße 3, 22083 Hamburg
I/we (*) hereby cancel the contract that I/we (*) have entered into about the purchase of the following products (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name(s) of the customer(s)
- Address of the customer(s)
- Signature of the customer(s) (only if the notification is on paper)
- Date
- (*) Delete as applicable.
In order to comply with the cancellation period, it is sufficient for the user to send the notification of the cancellation before the cancellation period expires.
13.2 Consequences of revocation: If the User revokes this Agreement, SPM Sportplatz-Media will promptly refund to the user all payments received by SPM Sportplatz-Media within fourteen days from the date on which the notice of revocation is received. For such repayment, SPM Sportplatz-Media will use the same means of payment that the User has used in the original transaction, unless otherwise expressly agreed; In no case will the user be charged for these repayment fees. If the User requires that SPM Sportplatz-Media begin to perform the Services during the period of revocation, the User shall pay a reasonable amount equal to the proportion of the User up to the time when the User will cease to exercise the right of revocation with respect to this Agreement Services already rendered, in comparison with the total scope of the services provided for in the contract.
13.3 Special Notice: The right of revocation expires prematurely if the contract is fully fulfilled by us before you have exercised your right of revocation.
14. Other provisions
14.1 Verbal ancillary agreements are ineffective. Amendments and/or additions to these conditions must be in writing. This also applies to a modification of this clause.
14.2 SPM Sportplatz-Media is entitled to use the help of third parties to fulfill its obligations under these conditions. SPM Sportplatz-Media is also entitled to transfer all rights and obligations from these terms to a third party.
14.3 Should individual provisions of these terms be or become invalid or incomplete, the validity of the other conditions shall remain unaffected.
14.4 German substantive law shall apply to the exclusion of German conflict of laws and UN purchasing law.
