Terms of Use

Welcome to SportsDate. SportsDate is your platform for organizing, participating in, and providing of sporting activities. On the SportsDate platform, we offer you functions for the creation, organization, processing, registration, and participation in sporting events.

Section I. “General Regulations” applies to all accounts, regardless of whether they belong to athletes or organizers. Section II. “Regulations concerning sports events subject to remuneration” applies (in addition to the regulations in Section I. “General Regulations”) to the purchase of or participation in sports events subject to a fee by organizer users. Section III. “Creation and publication of a paid sports event” applies (in addition to the provisions of Section I. “General provisions” and Section II. “Provisions concerning sports events subject to remuneration”) to our legal relationship with event organizer users.

I. General provisions

1. General information and scope of application

1. These Terms of Use apply to the services provided by sole proprietor Patrick Voigt (hereinafter also referred to as “we”) to users (hereinafter collectively referred to as ‘users’ or “you”) in connection with the use of our SportsDate platform.
2. These Terms of Use apply regardless of whether you are acting as a consumer, entrepreneur, association, or merchant. Certain special provisions apply to consumers, which we may refer to in these Terms of Use at the appropriate places. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly attributable to their commercial or self-employed professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB).
3. Your general terms and conditions do not apply, regardless of whether you expressly refer to them or we do not expressly object to them. Your general terms and conditions only become part of this contract if we expressly agree to them.

2. Subject matter of the contract

1. With SportsDate, we provide you with a platform for the creation, registration, participation, and processing of contractual and legal relationships for all processes related to sporting events (the SportsDate platform, hereinafter also referred to as the “Platform”).
2. The functions on our platform are developed by us or by third parties on our behalf and placed there for you to access or use. Our platform services include, in particular, the provision of our platform as a technical environment for the presentation of sporting events, the mediation of the conclusion of a contract for participation in sporting events, and the processing or support of payment, administration, and any cancellation processes (hereinafter also referred to as “platform services”).
3. The functions of our platform vary depending on the function for which you use it. Participants in sporting events have different rights when using simple “athlete accounts” than the organizers of sporting events when using “organizer accounts” . So-called “athlete users” can use their athlete accounts to participate in sporting events and create private, i.e., non-commercial and non-remunerative sporting events. So-called “organizer users” can, after appropriate verification and onboarding to an organizer account, organize commercial or fee-based sporting events and post them on the platform, release them for booking, and charge a fee for participation. When booking participation in a sporting event, a direct legal relationship is therefore established between athlete users and organizer users.
4. Please note that we do not become a contractual partner in any contract or other legal relationship between users. If we enable you to enter into a contractual or legal relationship with other users via our platform, we act exclusively as an intermediary and do not become a contractual partner in the contract or legal relationship that arises between the users. not a contractual partner in the contract or legal relationship that arises between the users.
5. In accordance with the above, the subject matter of these Terms of Use is the provision of the platform free of charge and your ability to use the platform and our platform services via a free profile. In addition, you have the option of using the platform to organize your own sporting events and to make participation in these events bookable, including for a fee.
6. For the successful referral of athlete users to paid sporting events organized by event organizer users , we charge the respective event organizer user a commission based on a percentage of the fee paid by an athlete user to the event organizer user for participation in their sporting event.

3. Use of our platform services & registration

1. When using our platform services, we distinguish between the general use of our platform and any additional contractual or legal relationships that you enter into with us or the event organizer users by making a separate booking on our platform.
2. In order to use our platform services and participate in sporting events, you may need to register and create an account. In principle, every account has the same functions. However, you may have additional options with certain accounts. In particular, for the organization, creation, and implementation of sporting events, you need additional rights, which we can activate for your account . We therefore differentiate between the following roles: “Athlete Accounts” and “Organizer Accounts.”
3. Depending on your role, creating an account may give you access to additional functions that would not be available to you without an account.
4. To register, you must complete the registration form provided on our platform truthfully and in full and send it to us. We are entitled to request evidence to verify the information provided.
5. By submitting the registration form, you are making a binding offer to us to conclude a user agreement for a free basic version of our platform. The user agreement is concluded when we confirm your registration and activate your account.
6. If you register as an organizer for a company or other organization, a partnership, or a legal entity, you guarantee that you are authorized to legally represent and bind them.
7. The following technical requirements are necessary to use our platform services:
   • Internet connection
   • Up-to-date Internet browser
   
   

4. Contract term & termination

1. The free user agreement between us, which comes into effect when you create an account, whether it's an athlete or organizer account, is generally valid for an indefinite period.
2. The terms of other contracts and legal relationships that are concluded between users are governed by the provisions of the respective contract concluded between them. These have no influence on the term of the user agreement concluded via the use of our platform. In this relationship, the organizer user's own terms and conditions of business and participation (including general terms and conditions, cancellation conditions, warranty provisions) may also apply. If this is the case, you will be clearly notified of this when booking your participation in an event.
3. The free user agreement between us can be terminated at any time without notice. Termination is effected by deleting your account.
4. The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. Good cause shall be deemed to exist in particular if (i) you seriously violate these Terms of Use, (ii) if we decide to no longer offer the platform and discontinue its operation.

5. Your right to use our platform services

1. You receive a simple, non-exclusive right to use our platform services, limited in time to the duration of the respective contract and unlimited in terms of location.
2. You are not authorized to exhibit, publicly reproduce, in particular make publicly available, edit, redesign, translate, decompile, or otherwise redesign our platform services. Your rights under Sections 69d (3) and 69e of the German Copyright Act (UrhG) remain unaffected.
3. When creating sports events and sharing posts, uploading files and images, and in connection with the dissemination of information in the context of using our platform services (hereinafter also collectively referred to as “content”), you are solely responsible for ensuring that you do not infringe any third-party rights of third parties, in particular copyrights of third parties, and that you transfer to us the rights of use to your content that we require to provide our platform services. You therefore grant us, unless we request further rights of use from you in individual cases, a simple, spatially and temporally unlimited right of use, applicable without restriction to all types of use, to the content provided for the performance of services.
4. The content of our platform services (in particular on our platform) is our exclusive property or our exclusive property rights or the property/property rights of our service providers. All content is protected by national and international law, in particular copyright law. The unauthorized distribution, reproduction, exploitation, or other infringement of our industrial property rights and copyrights will be prosecuted under civil and/or criminal law.

6. Availability

1. For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our platform services are operated. The availability of our platform or individual services may therefore be restricted at times, in particular due to the necessary performance of maintenance or repair work .
2. We would like to point out that there may be restrictions or impairments in the use of the platform that are beyond our control. These include, in particular, actions by third parties who are not acting on our behalf, technical failures beyond our control, and force majeure.
3. We reserve the right to restrict access to the platform, either in whole or in part, temporarily or permanently, due to maintenance work, capacity issues, and other events beyond our control.
4. In the event of force majeure, we are entitled to postpone our platform services for the duration of the obstacle plus a reasonable start-up period, provided that we are actually unable to provide the services. Force majeure includes events for which we or a subcontractor are not responsible and which were not foreseeable at the time conclusion of the contract, such as operational disruptions, strikes, lockouts, staff shortages, pandemics and epidemics, official orders, and similar circumstances. The right of each party to terminate the user agreement for good cause in the event of prolonged force majeure remains unaffected.

7. Liability

1. Our liability under the user agreement concluded between us, regardless of the legal basis, for your damages that do not result from injury to life, limb, or health is limited in amount to the damage typically foreseeable at the time the contract was concluded and, in terms of the reason, to essential contractual obligations, provided that the damage was not caused by us or by a legal representative or vicarious agent either intentionally or through gross negligence. An obligation is essential to the contract if its fulfillment enables the proper execution of the contract and on whose compliance you can regularly rely.
2. Liability for compensation for indirect property damage and financial loss, in particular loss of profit, is completely excluded in cases of simple negligence. In cases of force majeure and free use, our liability for simple negligence is excluded altogether.
3. We shall be liable without limitation for injury to life, limb, or health, as well as for intentional, grossly negligent, or fraudulent acts. The same applies to the written assumption of a guarantee for the quality or durability of a service to be provided by us.
4. Our liability under the Product Liability Act remains unaffected.
5. We do not assume any warranty or guarantee for the reliability, completeness, usefulness and quality of private sporting events or the event organizer users and their paid sporting events (see sections II. and III. below). Regulations regarding these aspects are conclusively set out in the terms and conditions or conditions of participation of the respective event organizer users, for which the respective event organizer users are responsible.
6. If claims are made against us by third parties due to actions you have taken on or in connection with our platform and resulting legal violations, and if we are not at fault for this, you are obliged to indemnify us against all related claims. To this end, you shall reimburse us for the costs of reasonable legal defense and other costs incurred as a result of the claim.

8. Principles governing the provision of our platform services

1. With our platform and its functions, we merely provide you with a technical basis for the purposes to be represented by you within the limits of the purchased platform services. We assume no responsibility, subject to the validity of statutory liability obligations and subject to the provisions in these Terms of Use, for the actions performed with our platform or for the content processed with our platform . All actions performed by you using our platform, contracts entered into and legal relationships, as well as processed content, are governed exclusively by the agreements and contracts concluded between users, athlete users, and event organizer users, or between users and third parties, or by law.
2. The provisions of tenancy law apply in principle to the use of our platform services. Maintenance measures such as troubleshooting, updates, or further developments are part of our service. Further support is offered if agreed upon. Beyond the maintenance measures, the statutory warranty law for rental defects applies.
3. Adjustments, changes, and additions to our platform services, as well as measures to identify and remedy malfunctions, will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
4. You may not transfer our platform services to third parties for commercial use.
5. If we give you the opportunity to rate us or other users on our platform, the following applies: These ratings may only contain truthful information and may only refer to the performance, content, and quality of the services being rated. We do not review the ratings. However, we are entitled to delete ratings that violate the above provisions. When submitting reviews, the following obligations apply in particular:
   • Do not impersonate another person or misrepresent your own identity;
   • Do not harass, threaten, or otherwise violate the dignity, honor, or sexual self-determination of third parties;
   • Do not engage in abusive criticism or spread slander, insults, lies, or false information.
   • Do not submit reviews or comments that are illegal, contrary to these Terms of Use, inaccurate, or irrelevant.
   • not to submit reviews or comments about yourself or have them submitted by third parties;
   • not to use the review and comment system in a manner that is contrary to its purpose.
   
   
6. Links or functionalities in our platform services may take you to external websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address bar of the browser or a change in the user interface.
7. We reserve the right to change and adapt our platform services and the related documents and attachments, taking your interests into account, and to increase their range of functions, provided that this does not violate our main contractual obligations to you.
8. We protect our systems against virus attacks. However, virus attacks can never be completely ruled out. In addition, unauthorized third parties may send messages using our name without our consent that contain viruses or spyware, for example, or link to web content that contains viruses or spyware. We have no influence over this. You should therefore check all incoming messages sent under our name. This also applies to any messages from other users.
9. We are not responsible for any damage or loss of data that may occur as a result of installing software that does not originate from us on your end devices.
10. You agree not to use your device or account, login name, or password of another user without authorization under any circumstances. If a third party uses your account after obtaining the access data because you have not sufficiently secured it against unauthorized access, you must accept treatment as if you had acted yourself.
11. In the event of a justified suspicion that access data has become known to unauthorized third parties, we are entitled but not obliged, for security reasons, to change the access data ourselves at our discretion without prior notice or to block the use of the account. We will inform the authorized user of this immediately and, upon request, provide them with the new access data within a reasonable period of time. You have no right to have the original access data restored.
12. You must inform us immediately as soon as you become aware that unauthorized third parties have gained access to the account or that unauthorized third parties are using your device. We would like to point out that access data should be changed regularly for security reasons.
13. When using our platform, you are prohibited from:
    • violating the property rights of third parties, such as trademarks, copyrights, and naming rights,
    • harassing other users and third parties,
    • use measures, mechanisms, or software in connection with the platform that may interfere with the function and operation of the platform,
    • take measures that may result in an unreasonable or excessive burden on the technical capacities of the platform ,
    • block, overwrite, or modify content,
    • add elements to the platform or change, delete, or modify elements of the platform in any other way,
    • copy, extract, or otherwise use graphic elements, or attempt to decompile the source code of the platform (subject to § 69e UrhG [German Copyright Act]),
    • Use tools that interfere with the operation of the platform (in particular so-called “bots,” “hacks,” etc.),
    • obtain premium features or other advantages, such as the systematic or automatic control of the platform or individual functions of the platform, through the use of third-party software or other applications, or exploit program errors for your own benefit (“exploits”),
    • distribute commercial advertising for third-party products or programs in connection with our platform services,
    • use malicious or virus-infected documents, files, third-party IT systems, and data in connection with our platform services,
    • to use mechanisms, software, and scripts that go beyond the provided functionalities and interfaces, especially if this blocks, modifies, copies, or overwrites our platform services, as well as
    • to impair our services through data modification (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidence-relevant data (§ 269, 270 StGB), suppression of evidence-relevant data (§ 274 StGB), computer fraud (§ 263a StGB), spying on data (§ 202a StGB), intercepting data (§ 202b StGB) or other criminal offenses.
    
    
14. We are entitled to refuse access to our platform and to block or exclude you as a user or to terminate any contract concluded between us on an extraordinary basis if we receive repeated complaints about you or if the provisions of a contract concluded with us and these terms of use, other requirements communicated by us, or compliance with legal regulations are repeatedly disregarded. We will inform you of this immediately and give you the opportunity to comment. Before a complete suspension or exclusion, we will inform you of this in advance, giving you reasonable time to respond and stating the reasons. If you remedy the reason that led to the rejection, suspension, or exclusion, we will consider reinstating you on our platform.

9. Applicable law & place of jurisdiction

1. Unless mandatory statutory law takes precedence, all rights and claims arising from and in connection with the contract shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If you are acting as a company or are a merchant within the meaning of the German Commercial Code (HGB), our registered office shall be the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the respective competent court shall apply.

10. Confidentiality

1. In the course of their cooperation, both parties will gain knowledge of business secrets of the other party or third parties. A business secret is information that is neither generally known nor readily accessible to persons who normally deal with this type of information, and is therefore of economic value and is therefore subject to appropriate confidentiality measures (cf. Section 2 GeschGehG). A trade secret is also information that is marked as a trade secret, that is protected by industrial property rights or copyright, that is covered by banking secrecy or data protection, and where there is a legitimate interest in its confidentiality. Information that is not a trade secret is information that is known to the other party prior to disclosure, that has become known to the public after disclosure without the involvement of the disclosing party , that the disclosing party has learned from a legitimate third party, and that the disclosing party has developed itself.
2. The receiving party, as well as anyone who comes into contact with trade secrets in accordance with their intended purpose, is obliged to treat the trade secrets as strictly confidential and only use them or disclose them to third parties and employees if this is necessary in connection with the business purpose. Furthermore, the receiving party shall protect the trade secrets from becoming known to third parties.
3. Items, files, or other intangible objects containing trade secrets shall be deleted immediately at the request of the disclosing party or at the latest upon termination of the contractual relationship or returned to the disclosing party.

11. Data protection

1. We collect, process, and use personal data in connection with the provision of our platform. All information on how we handle personal data within the scope of the contract can be found in our privacy policy, which is available at any time at https://sportsdate.app/es/política-de-privacidad .
2. With regard to the personal data processed by you on our platform, if we have been commissioned by you to process personal data in accordance with your instructions and for your purposes, we are a you have commissioned us to process personal data in accordance with your instructions and for specific purposes, we are a processor within the meaning of Art. 28 GDPR. In this case, we will conclude a corresponding data processing agreement in accordance with Art. 28 GDPR at your separate request.
3. If, in connection with the use of our platform, you have the opportunity to gain knowledge of personal data from us, athlete users, or third parties, you warrant that you will only process this data in a legitimate manner and for a purpose in accordance with the contract and in compliance with legal requirements.

12. Dealing with illegal content

We are making the following provisions because we are obliged to do so under the Digital Services Act, the EU Regulation “(EU) 2022/2065 on a Single Market for Digital Services in the European Union.”

The Digital Services Act aims to establish rules that create a safe, predictable, and trustworthy environment for individuals who use platforms and websites (hereinafter referred to as “platforms”) such as ours.

The Digital Services Act regulates in particular the handling of illegal content on our platform and obliges us to take specific measures, which we describe in more detail in these “Digital Services Act Regulations.”

a. Moderation & justification for the deletion of illegal content

1. We delete, block, or restrict illegal content on our platform. “Content” within the meaning of this section is any information, regardless of its nature. This information is “illegal” if it violates our terms of use, service descriptions, guidelines, or applicable law.
2. Illegal content can be reported by users, customers, partners, or third parties. For information on the procedure for such reports, see lit. b “Reporting and remedy procedure.”
3. If reported content or content identified by us is illegal and we have deleted, blocked, or restricted it, we will justify our decision to delete, block, or restrict this content and any suspension or termination of the entire or partial provision of our services to the person who published the illegal content, unless it is misleading, extensive commercial content. In this justification, we will communicate the following points in particular:
   • Information on whether our decision concerns the removal of the information, the blocking of access to the information, the downgrading of the information or the restriction of the display of the information or the suspension or termination of payments in connection with this information, or whether the decision imposes other specified measures in connection with the information, and the geographical scope, if any, of the decision and the duration of its validity;
   • Facts and circumstances on which our decision is based, including, where applicable, information on whether our decision was made as a result of a report or as a result of voluntary investigations on our own initiative and, if absolutely necessary, the identity of the reporting person;
   • Information on whether automated means were used to make the decision, including information on whether our decision was made in relation to content that was detected or identified by automated means ;
   • If our decision only concerns “allegedly” illegal content, a reference to the legal basis and an explanation of why the information is considered illegal on that basis;
   • If our decision is based on the alleged incompatibility of the information with our Terms of Use, a reference to the relevant contractual provision and an explanation of why the information is incompatible with them;
   • Information on whether the data subject has legal remedies available against the measure, in particular—depending on the circumstances—internal complaint management procedures, out-of-court dispute resolution, and judicial remedies.
4. If a criminal offense has been committed by publishing the illegal content, or if there is suspicion that a criminal offense has been committed, we will immediately report our suspicion to the law enforcement or judicial authorities.

b. Reporting and remedy procedures

1. We will review illegal content as soon as we become aware of a suspicion that such illegal content has been published. We become aware of such content either through our own review or through a report of the relevant content to our central contact point (see lit. c below).
2. Illegal content can be reported directly online. Reports must be sent exclusively to our central contact point (see lit. c below) and must contain at least the following information:
   • A sufficiently reasoned explanation of why the reporting person or organization considers the information in question to be illegal content;
   • Clear indication of the exact storage/location of the content, e.g., by means of a precise URL and other relevant information for identifying the content, e.g., screenshots, comments, etc.;
   • The name and email address of the reporting person/organization, unless the report concerns criminal offenses related to sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes; including incitement and aiding and abetting or attempting to commit the aforementioned criminal offenses (see EU Directive 2011/93/EU, Articles 3 to 7);
   • A statement that the reporting person or institution is convinced in good faith that the information and statements contained in the report are accurate and complete.
3. We will immediately send the reporting person/institution an electronic confirmation of receipt of the report to the contact details provided.
4. We review the reports we receive promptly, carefully, impartially, and objectively, and decide whether the reported content is illegal without conducting a thorough legal review, and act accordingly. If the reported content is illegal, we will immediately delete, block, or restrict it and, if necessary, take further measures as specified in lit. a para. 3.

c. Central contact point for communication

We have set up a central contact point for communication. This contact point is responsible for receiving electronic reports of suspected illegal content from reporting persons and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements in lit. b. for the content of reports .

All persons, authorities, or other bodies (press, affected parties, etc.) can report illegal content directly online using our procedure at:

support@sportsdate.app

We will then deal with all reports in accordance with the process described in lit. a-c.

13. Miscellaneous

1. Should any provision of these Terms of Use be or become invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected, unless the omission of individual clauses would place one party to the contract at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
2. Amendments and additions to the Terms of Use and to the entire contract between us must be made in writing to be effective, unless the following explanations prescribe special form or procedural requirements.
   • Amendments and additions that are made by us due to changed legal or technical requirements for our service provision and which do not have any negative effects on the platform services to which you are entitled, shall take effect if you do not object to a change within one (1) month of receiving written notification of the change and we have informed you in advance of your right to object . If you object to the change, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract extraordinarily with one (1) month's notice to the end of the next calendar month.
   • Changes and additions to the contract that we wish to make due to changed service, remuneration, or other commercial or operational requirements and which have a negative impact on our contractual relationship with you shall only take effect if you expressly agree to them. This consent can be given by clicking a consent button in the change notification (email or pop-up window when using our services) or by any other simple and transparent means provided by us. If you do not agree, the contract shall continue to apply unchanged and we shall be entitled to terminate the contract within the contractually agreed notice periods.
   • The text form shall also apply to any amendment to this form clause. The priority of individual ancillary agreements shall remain unaffected.
   • The aforementioned periods shall not apply and there shall only be a right to information about changes to the contract if the changes are necessary to avert an unforeseen and imminent danger in order to protect you from fraud, malware, spam, data protection violations, or other cybersecurity risks .
3. Both parties are entitled to transfer the contract to an affiliated company, a legal successor, or a company that takes over the respective platform services. They shall inform each other in writing of this before the planned transfer.

II. Regulations concerning sports events subject to remuneration

14. Conclusion of the contract

1. A contract for the use of paid services, in particular for your bookings to participate in paid sporting events provided by an event organizer user, is concluded as follows.
2. On our platform, you will find information about the content and costs of the sporting events offered by the event organizer users . This information itself does not constitute an offer to conclude a contract, but merely a non-binding invitation to purchase the right to participate in this sporting event.
3. Only by completing the corresponding booking process do you, as an athlete user, submit a binding offer to us as the messenger of the organizer user to conclude a contract for the right to participate in the corresponding sporting event. We accept this offer with regard to the sporting event as the messenger of the event organizer.
4. Before completing the booking process, we will inform you of the costs associated with the sporting event and give you the opportunity to read these Terms of Use and the Terms and Conditions of Business or Participation of the event organizer.
5. Furthermore, before completing the booking process, we give you the opportunity to check your entries and correct them if necessary.
6. After completing the booking process, you will receive a confirmation of receipt of your booking from us at the email address you provided. Subject to any deviating provisions in the booking process or in the confirmation of receipt itself, this confirmation of receipt constitutes acceptance of your offer to conclude a contract with the organizer user. We declare our acceptance to you in relation to the sporting event as the messenger of the organizer user.
7. Upon full payment for the purchased sporting event, you shall receive the right to exercise your entitlement to participate in the sporting event in accordance with the terms and conditions set out in these Terms of Use and in the applicable terms and conditions of business or participation of the event organizer.

15. Remuneration & Terms of Payment

1. The type and amount of remuneration for the sporting event you have booked will be communicated to you during the booking process, in the booking overview, and in the booking confirmation and, unless expressly stated otherwise, includes statutory sales tax.
2. During the booking process, you will be informed about the available payment methods and can select the one that suits you best.
3. If we involve third-party providers to process the payment transaction, their terms and conditions shall also apply.
4. If you fail to meet a statutory or agreed payment deadline, you will immediately be in default and we shall be entitled to charge interest on arrears.
5. If payment is made within the European Union (EU), we do not charge a separate fee for any of the payment methods we use.

16. Basic information on the organizers' terms and conditions of business and participation

1. If you book eligibility to participate in a sporting event, the contract for this is concluded between you and the relevant event organizer user. We are merely the intermediary for such services. A free agency contract is therefore concluded between you and us, which is governed by these Terms of Use.
2. The specific terms and conditions of business or participation that apply between you and the respective event organizer user are based exclusively on the information provided by the respective event organizer user, which you can view during the booking process and which becomes part of the contract concluded between you and the event organizer user through us as the intermediary .
3. If you encounter any problems with the booked sporting events or any other problems in connection with your booking, you must contact the relevant event organizer. The contractual partners with regard to your booking of sporting events are therefore exclusively you and the respective event organizer.
4. The terms and conditions of the event organizer apply exclusively to the sporting events you have booked with them .

III. Creation and publication of a paid sporting event

17. Creation of sporting events

1. If you wish to create paid sporting events, you can do so using an event organizer account that you have already registered or by registering an event organizer account for the first time. The registration of an organizer account and the creation and publication of sporting events is exclusively reserved for the actual organizer users of sporting events, i.e., the persons, legal entities, clubs, associations, organizations, etc. The corresponding verification for this is carried out by us during the registration of an organizer account.
2. By registering an organizer account and creating sporting events on an organizer account, you declare to us that you have been authorized by the respective organizer organization to do so (as its representative or messenger) for the submission and receipt of all related declarations of intent, invoices, and other declarations for the organizer (as their representative or messenger) by the respective organizer organization.
3. When creating events via an organizer account, we ask you specific questions about the event, its implementation, and its execution. You must answer these questions truthfully.

18. Ranking & advertising space

1. The display and suggestion of sporting events to potential athlete users is based on the search and interest profile of the respective athlete user (hereinafter also referred to as “search profile”). This search profile may be determined by regionality, content specifications, time factors, and other criteria.
2. On our platform, you can book separate advertising space and visibility packages (hereinafter also referred to as “advertising space”) for your sporting events, if available. The following criteria apply in particular:
   • Booking an advertising space improves the placement of your sporting event's display compared to other sporting events that may be of interest to an athlete user.
   • You are responsible for the use and design of the advertising space in accordance with the SportsDate Organizer Guidelines .
   • No impressions (e.g., CPM) can be guaranteed for “advertising space” (advertising banners).
   • The ranking of the placement of the advertising space you have booked is designed so that each advertising banner appears advertising banners booked by other event organizer users, within the scope of the booked advertising conditions at the most relevant locations on our platform.

19. Requirements for your listing on SportsDate

1. Our platform only advertises sporting events from event organizer users who meet our requirements . These requirements are set out below in the SportsDate Event Organizer Guidelines. We reserve the right to adjust these requirements if this is objectively necessary or to ensure customary safety and quality standards.
2. SportsDate Organizer Guidelines:
   • You are obligated to create and maintain your partner profile on our platform, if offered by us, in accordance with the requirements for content, classification, completeness, images, and layout and maintain it. To this end, you must enter the necessary information and files into your partner profile yourself, if technically possible, or, if not, send them to us upon request for entry.
   • You must prepare your own terms and conditions of business and participation (including general terms and conditions, cancellation policies, warranty provisions, etc.) applicable to your sporting events for your own contractual relationship with regard to your sporting events and make them available to athlete users on our platform when they book their participation.
   • You must provide us with proof of certification, if available and required by law in relation to your sporting events.
   • You are obliged to communicate the legal (warranty) regulations, possible limitations of liability, participation requirements, minimum ages, etc. (warranty) regulations, possible liability limitations, participation requirements, minimum ages, etc. applicable to your sporting events to the athlete users, to obtain the necessary consents, and to generally observe and fulfill them independently and on your own responsibility during the organization and implementation.
   • The images, texts, graphics, videos, etc. used on our platform to present your sports events must, if provided by you, be permitted and lawful under applicable law (e.g., copyright law, competition law, etc.).
   • You must obtain all legally and officially required permits and licenses that are necessary or reasonable for the implementation of your sporting events at your own expense and present them upon request.
   • Your prices must always be transparent and easily understandable for athlete users. There must be no hidden costs. This applies in particular to the disclosure of sales tax. All information must, where necessary, comply with the legal regulations that apply to consumers.
   • You are obliged to obtain appropriate insurance coverage for claims by athlete users or us (e.g., insurance, public liability insurance, and financial loss liability insurance with adequate coverage) so that any damage caused to us or the athlete users in the context of sporting events can be covered.
   • You may not use our platform, in particular in the context of exhibiting and booking your sporting events, to refer to your own website or other platforms, advertise services offered outside our platform, or ask athlete users to contact you outside the platform. You are, of course, permitted to offer your services outside our platform. In this respect, there is no exclusivity obligation.
   • For all services and their presentation on our platform, you must also observe the following provisions regarding the images, videos, texts, and their content, layout, and format (“content”) used:
     • You are the owner of your content or have all the necessary licenses, rights, consents, approvals, and powers of attorney to authorize us to use the content in accordance with the partner agreement.
     • The content you use does not violate or impair the intellectual property rights or other rights of third parties in any way. The content you use does not infringe or impair the intellectual property rights or other rights of third parties in any way,
     • You have the necessary qualifications and evidence as well as the expertise (including the necessary education, training, qualifications, certificates, and skills) to create your content and to carry out your sporting event,
     • You will not publish any inappropriate, offensive, racist, inflammatory, sexist, pornographic, false, misleading, inaccurate, infringing, defamatory, or libelous content or information,
     • You will not post or transmit any unsolicited or unauthorized advertisements, promotional materials, unsolicited or spam messages, or other solicitations (commercial or otherwise) in connection with your content .
3. We are entitled, after stating legitimate reasons, to refuse to broker your sporting events via our platform and to block or exclude you as an event organizer user or to terminate the user agreement extraordinarily if we receive repeated complaints about you or if you repeatedly disregard the requirements of this user agreement, other requirements communicated by us, or compliance with legal regulations are repeatedly disregarded by you. We will inform you of this immediately and give you the opportunity to comment. Before a complete suspension or exclusion, we will inform you 30 days in advance, stating the reasons. If you eliminate the reason that led to the rejection, suspension, or exclusion, we will consider reinstating your sports events on our platform.

20. Mediation of sports events

1. Athlete users who are interested in participating in the sports events created by you as an organizer user via an organizer account have the option of booking participation authorizations for the sports events you offer for a fee. If users take advantage of this option, the supplementary provisions of this Section III. 20.
2. Unless expressly agreed otherwise, a contractual or legal relationship regarding participation in your sporting events is established directly between you and the athlete users. In this respect, the platform essentially functions as a technical environment for presenting your sporting events. We therefore do not become a contractual partner in contracts concluded directly between you and the athlete users.
3. You grant us all (copyright) usage rights and industrial property rights to your sporting events, protected names and terms, brand names, content, etc.
4. If we require further information, documents, or data in relation to the promotion of your sporting events via our platform, you must provide us with this immediately upon request.
5. You are fully responsible for any contractual relationship between you and the athlete users . If a claim is made against us by an athlete user without us being responsible, you shall indemnify us against any resulting liability and claims and reimburse us for the reasonable costs of legal action.
6. In your organizer account, you can find out about relevant actions and transactions relating to your sports events on our platform at any time. For example, you can view all relevant key figures such as contact details and bookings, corresponding remuneration, in particular the personal data of the athlete users participating in your sports events, or the most booked sports event.
7. You authorize us, for the purpose of providing our platform services, to issue invoices in your name and on your behalf to the athlete users for the sports events you offer in the sports events you offer, to issue invoices in your name and on your behalf to the athlete users. In doing so, you remain solely responsible for the proper taxation of the corresponding sales . We are only responsible for the technical creation and electronic transmission of invoices to the athlete users.

21. Fees for your sporting events

1. For each successful referral of a booking for participation in your sporting event via our platform or through our referral services, we will receive a sales-based commission from you in the amount agreed with you , which depends on the gross sales you generate (i.e., sales including VAT).
2. The remuneration to which we are entitled includes VAT at the statutory rate.
3. In addition to the obligation to pay a commission as specified in paragraph 1, the organizer user is obligated to pay the specified commission if contact between the organizer user and the athlete user was established via our platform, regardless of how the contract for participation in the sporting event between the organizer user and the athlete user was concluded.
4. If a voucher has been issued for participation in a sporting event, we are also entitled to assert or retain our commission if an athlete user does not redeem this voucher during its term and it therefore expires.
5. In the event of justified withdrawal, cancellation, revocation, etc. of participation rights in sporting events acquired through our agency services, with the result that the event organizer user loses (part of) their claim to remuneration, our commission claim shall lapse (also retroactively and, if applicable, pro rata). Any payments already made at this point in time must be refunded (pro rata, if applicable)
6. Our invoices are due upon receipt and are payable without deductions within 14 calendar days to our account specified in the invoice plus the applicable statutory VAT (unless already shown). We are entitled to collect all payments via payment service providers. If we do so, the terms and conditions of these payment service providers must also be observed when using them. We do not charge a separate fee for any of the payment service providers.
7. Offsetting is only permitted if counterclaims have been legally established, recognized by us or are undisputed; this does not apply to the assertion of claims for defects. The organizer-user is only authorized to exercise a right of retention if their counterclaim is based on this contract.