TERMS & CONDITIONS

Description of the service

(1) These Terms and Conditions apply to the use of this website (www.localsportsapp.de or www.localsportsapp.com) and the Local Sports app by organizers of sporting events (organizers). Terms and Conditions of the organizer are not part of the contract. The Local Sports website and the Local Sports app (progressive web app) is provided by Local Sports GbR (operator).

(2) The operator makes the Local Sports website/Local Sports app available to the event organizers for usage as defined in these Terms and Conditions. Use of the basic version is free of charge. In addition, the operator provides a chargeable premium version ("Supporters Club") with extended functions.

(3) The organizers are given the opportunity to provide information about the sporting events they organize and - as part of the premium version - about the organizers themselves (e.g. information about the club, training times, the sport practiced, etc., hereinafter referred to as "information") and to make it accessible to the users of the Local Sports website/Local Sports app (i.e., users who seek information on sporting events).

(4) The operator provides the organizer with access to the Local Sports website, which the organizer can use to enter information. This is done on two levels: (a) Information on specific events can be entered using a predefined input mask. The information on the event is visible once it has been transmitted by the organizer and is automatically archived at the end of the day on which the event took place. Once archived, the event is no longer visible to users of the website/app. The event is still displayed in the club area of the organizer that published the event for a period of 30 days and is then automatically deleted. The same period applies to the storage of data in the backend, although the operator may extend the storage period for good cause. Irrespective of automatic archiving and deletion periods, the organizer can also delete or revise the event himself after it has been published. (b) On a second level, the organizer can enter general information about himself and his sport.

(5) The use of function (a) in section 4 is included in the free basic version. However, the number of events that can be set in the free basic version is limited to one event per calendar week. If no event is set in a calendar week, the event expires. It is not possible to carry over an event into the next week or otherwise accumulate events beyond the end of a calendar week. In the chargeable premium version, the number of events that can be set is unlimited. The use of function (b) in section 4 is only included in the chargeable Premium version.

(6) The average minimum availability of the connection of the Local Sports website to the Internet, based on the information provided by the respective hosting provider, is currently 99.8% on an annual average. The operator assumes no liability to the organizer for the availability and/or functionality of the service. The operator reserves the right to change or cancel the services offered at any time. In the event of a change to the service, these Terms and Conditions shall apply unchanged, unless the Terms and Conditions themselves are part of the changes.

(7) The operator does not assume any obligations towards the organizer with regard to maintenance, updates and technical support.

(8) The operator reserves the right to change the fees for the provision of its services in the future and/or to introduce new functions, both free and chargeable.

(9) In any case, an adjustment of the fees to be paid by the organizer requires the prior consent of the organizer. In particular, the operator has no right to demand payment from the organizer for the proper use of the Local Sports app in the free basic version on the basis of these Terms and Conditions.

(10) The rights to the Local Sports app are held by the operator. The right of use in accordance with section 2 does not include any rights for the organizer to modify the Local Sports app in any way and/or to use it for purposes other than those described in section 2. Any exceptions to this provision require the prior written consent of the operator.

Obligations of the organizer

(11) In general, only registered sports clubs count as eligible organizers. In exceptional cases, other legal entities under public or private law or natural persons may also act as organizers. In such cases, the operator reserves the right to decide on a case-by-case basis. There is no entitlement to the service.

(12) The organizer undertakes to provide the cooperative actions required on its part for the provision of the service.

(13) The use of the Local Sports website/ Local Sports app by the organizer requires the prior registration of the organizer with the Local Sports website/ Local Sports app. Registration takes place via the operator's website. By confirming the registration link, the organizer agrees to these Terms and Conditions and the data protection provisions.

(14) The organizer must be registered by a person authorized in accordance with the organizer's internal regulations. This needs to be confirmed as part of the registration process. The operator reserves the right to request proof of the authorization of the person conducting the registration and, in case of doubt, to reject the organizer's registration or to revoke it at a later date.

(15) The organizer is obliged to take reasonable precautions against unauthorized use of the services by third parties. In particular, it must keep the user identification and passwords generated during registration secret. The organizer is responsible to the operator for the unauthorized use by third parties.

(16) The organizer may only transfer the rights and obligations arising from this contract to a third party with the prior written consent of the operator.

(17) The organizer must ensure that no (potentially) harmful programs or other data are transmitted in the scope of its use of the Local Sports website/Local Sports app.

(18) The organizer makes a commitment to the operator to ensure the factual accuracy, up-to-dateness and legal admissibility of the information provided by it during registration and subsequently posted on the Local Sports website/Local Sports app. In particular, but not exclusively, the posting of information in violation of legal regulations and prohibitions or in violation of property rights, personal rights or other rights of third parties is not permitted. If third parties are harmed by such unauthorized use by the organizer, the organizer must indemnify the operator against any resulting third-party claims, insofar as the organizer is responsible for these claims. In particular, but not exclusively, the transmission and offering of information with content that depicts and/or glorifies violence or pornography and/or information that discriminates in any way against persons or groups of persons on the basis of their religion, origin, biological sex or gender and/or physical characteristics is also prohibited. The decision as to whether the transmitted information is inadmissible within the meaning of these Terms and Conditions lies with the operator.

(19) The organizer has the option of adding links to further information about his club, his sport, and non-commercial partners to the information he has entered. The presentation and/or linking of sponsors and other commercial partners in the Local Sports app by the organizer is only permitted with the written consent of the operator and for a corresponding fee. The operator assumes no responsibility for the topicality and content of the links provided by the organizer.

(20) The operator has the right to delete information and hyperlinks that are inadmissible or outdated as defined in these Terms and Conditions, without the prior consent of the organizer.

(21) If the organizer breaches one or more of its obligations set out in these Terms and Conditions, the operator has the right to block the organizer's account immediately. In this case, the operator also has the right to permanently delete the account. Before final deletion, the organizer must be given the opportunity to respond in writing (by email), setting a deadline of two weeks.

(22) The organizer acknowledges the operator's right to place advertisements on the Local Sports website/Local Sports app. The organizer must ensure that this does not conflict with any obligations arising from his own advertising or sponsorship contracts.

(23) The organizer acknowledges the right of the operator to (automatically) reduce the file size of image files uploaded by the organizer in order to optimize the performance and accessibility of the Local Sports Website/Local Sports App. The operator does not make any content changes to image files or textual information uploaded by the organizer.

Prices and terms of payment

(24) As an alternative to the free basic version, the operator offers event organizers a chargeable premium version with additional functions. The current prices and functions can be viewed on the Local Sports website.

(25) The term of a premium account is 12 months.

(26) The contractual fees for a premium account are paid in advance for a period of 12 months. Invoices are made available in the password-protected club account.

(27) A premium account must be terminated by the organizer by the last day of its term at the latest. The termination must be made in writing (by e-mail or letter) or, if possible, via the function provided for this purpose in the organizer's login area. If the premium account is not terminated and the account is not terminated in form of a deletion of the whole account by the last day of the premium account term, a payment obligation for the next 12 months shall arise on the following day..

(28) The organizer may only offset undisputed or legally established claims against payment claims of the operator. The organizer shall only be entitled to a right of retention for claims arising from the same contractual relationship.

Contract term, termination and amendment of the Terms and Conditions

(29) The contractual relationship between the operator and the organizer arising from the acceptance of these Terms and Conditions and registration with the Local Sports website/Local Sports app shall exist for as long as the operator maintains an account with the Local Sports app.

(30) The organizer may terminate the contractual relationship and delete its account at any time without notice. Termination during the term of a premium membership does not entitle the organizer to a (proportionate) refund of the annual fee.

(31) The operator has an ordinary termination period of one month. In the case of an ongoing premium subscription, the operator is obliged to maintain the contractual service until the end of the subscription period. Otherwise, the organizer has the right to reclaim the proportionate annual fee for the period of its subscription in which the contractual service was no longer provided by the operator. This right must be asserted by the organizer in writing (by email or letter) and including an account number, within six months of the termination date.

(32) The operator's right to terminate the contract for important reasons, in particular in the event of a breach of the Terms and Conditions by the organizer, shall remain unaffected. If the reason for termination is a breach of the Terms and Conditions by the organizer, the organizer shall have no claim to continuation of the service or reimbursement of a proportionate annual fee as laid out in Section 31.

(33) The events and information posted by the organizer are archived on the date of termination. After archiving, the event/information is no longer visible to users of the website/app, but the event data/information is still saved in the backend. After a period of 30 days, the event/information is also deleted from the backend. The organizer reserves the right to extend the data storage period for good cause.

(34) If the organizer does not post any new information for at least one year, the operator has an extraordinary right of termination without prior notice.

(35) Terminations must be made in text form (by e-mail or letter) or, if possible, online using a function provided for this purpose.

(36) The operator must notify the organizer in writing (by email) six weeks in advance of any changes to these Terms and Conditions. If no objection is raised by the organizer within this period, the organizer shall be deemed to have given its consent. The organizer shall be informed of this fictitious consent in the notification in accordance with sentence 1. In the event of an objection, it is at the discretion of the operator to continue the contractual relationship under the previous conditions. Otherwise, the operator has the right to terminate the contract without notice.

(37) The procedure laid out in Section 36 also applies to the adjustment of prices for a premium subscription and/or other functions. For current premium accounts, a price adjustment shall only apply to the next subscription period, not the current one. All subscriptions that end after the end of the objection period (as laid out in Section 35, sentence 1) are considered "current".

Liability

(38) The operator shall only be liable to the organizer in the event of intent, gross negligence and culpable breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations). In the event of simple negligence, the amount of compensation shall be limited to the typically foreseeable damage.

(39) Liability for damages arising from culpable injury to life, limb or health and liability arising from guarantees and under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

Final provisions

(40) The rights of third parties remain unaffected by this agreement between the operator and the organizer.

(41) Should any provision of these Terms and Conditions be or become legally invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the essence of the invalid provision.

(42) These Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of international conflict of laws provisions.

As of February 2025