Terms and Conditions

§ 1 Scope

(1) These Terms and Conditions (hereinafter "Terms") apply to all contracts between [First Name Last Name / Company Name], [Address] (hereinafter "Provider") and the customer (hereinafter "Customer") regarding the use of the SaaS platform "courtpilot".

(2) Deviating terms of the Customer are not accepted unless the Provider expressly agrees to their validity in writing.

§ 2 Subject of the Contract

(1) The Provider makes the web-based club management software "courtpilot" available to the Customer as Software-as-a-Service (SaaS). The scope of functions depends on the respectively chosen plan (Starter, Club or Pro).

(2) The software is provided via the Internet as a Progressive Web App (PWA). The Customer receives a non-exclusive, non-transferable right of use for the contract duration.

(3) The Provider continuously develops the software further. Changes to the scope of functions are permissible, provided that the contractually agreed scope of services is not significantly restricted.

§ 3 Registration and User Account

(1) The use of courtpilot requires registration. The Customer is obliged to provide truthful and complete information during registration.

(2) The Customer is responsible for keeping their access data confidential and is liable for all activities carried out under their account.

(3) The Customer as club administrator is responsible for ensuring that the members they invite comply with these Terms.

§ 4 Availability and Support

(1) The Provider strives for a platform availability of 99.5% on an annual average. This excludes scheduled maintenance work, which is carried out outside of peak usage times where possible.

(2) Support is provided via email. With the "Pro" plan, the Customer receives priority support with reduced response times.

(3) The Provider is not liable for outages or restrictions caused by force majeure, disruptions at the hosting provider or at the Customer's internet provider.

§ 5 Prices and Payment

(1) The prices published on the website at the time of contract conclusion apply. All prices are exclusive of the applicable value added tax.

(2) Billing is carried out monthly or annually in advance, depending on the chosen billing period. With annual payment, the Provider grants a discount equivalent to two monthly amounts.

(3) The "Starter" plan is free and can be used indefinitely. An upgrade to a paid plan is possible at any time.

(4) The Provider reserves the right to adjust prices with a notice period of 4 weeks at the end of the current billing period. In this case, the Customer may terminate at the time of the price change.

§ 6 Contract Duration and Termination

(1) The contract is concluded for an indefinite period and can be terminated by either party at any time at the end of the respective billing period.

(2) During the free trial period (14 days) for the "Club" and "Pro" plans, the contract ends automatically if no payment method is provided.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) After contract termination, the Customer's data is retained for 30 days for recovery purposes and then irrevocably deleted, unless statutory retention obligations require otherwise.

§ 7 Data Protection

(1) The Provider processes personal data of the Customer and their members in accordance with applicable data protection laws (GDPR, BDSG). Details are regulated in the Privacy Policy.

(2) Insofar as the Provider processes personal data on behalf of the Customer, a data processing agreement (DPA) pursuant to Art. 28 GDPR will be concluded upon request.

§ 8 Customer Obligations

(1) The Customer undertakes to use the platform only for the agreed purposes and not to upload any illegal content.

(2) The Customer is responsible for creating backups of their own data, insofar as this is possible via the export functions of the software.

(3) The Customer indemnifies the Provider against all third-party claims resulting from unlawful use of the platform by the Customer or their members.

§ 9 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages caused intentionally or through gross negligence.

(2) For damages caused by slight negligence, the Provider is only liable in the event of a breach of essential contractual obligations. In this case, liability is limited to the foreseeable, contract-typical damage.

(3) Liability for data loss is limited to the typical recovery effort that would have been incurred if backups had been made regularly and in accordance with the risk level.

§ 10 Amendments to the Terms

(1) The Provider reserves the right to amend these Terms with a notice period of 4 weeks. The Customer will be informed of changes by email.

(2) If the Customer does not object to the amended Terms within 4 weeks of receiving the amendment notice, the amended Terms are deemed accepted. The Customer will be separately informed of this legal consequence in the amendment notice.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a valid regulation shall apply that comes closest to the economic purpose of the invalid provision.

(3) The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the Provider, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law.