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General Terms and Conditions (GTC) ScoreGO

 

1.     Scope of application

1.1.  These Terms and Conditions apply in the version valid at the time of conclusion of the contract between 

Lamparter & Reuter UG, Goldersbachstraße 5/2 in 72074 Tübingen, Germany, 

E-mail: business@scorego-app.com (“ScoreGO”) 

and the user (“User”) for the use of the mobile application ScoreGO and the services offered via it (“App”).

1.2.  The App is aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who conclude the legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. 

1.3.  By installing the app, the user agrees to the following GTC for the resulting usage relationship.

1.4.  The content of the contract concluded between the User and ScoreGO results from these GTC as well as the specific information provided during registration (see section 6) and when ordering a paid Premium Membership (section 7), which is stored by ScoreGO. 

Beyond that, no separate contract text is stored.

 

2.     Services, functions of the app

2.1.  ScoreGO offers tennis enthusiasts the possibility to access tennis content (e.g. live results, rankings, news, videos, and statistics of the professional tours) and to participate in tipping and quiz games together with other users. 

2.2.  The User may use some functions free of charge, while other functionalities are only available upon conclusion of a paid membership (“Premium Membership”, see Section 6). The functionalities offered exclusively via the Premium Membership can be tested by the User in a free trial subscription (“Trial Subscription”, see Section 7). Details on the scope of functions of the app and the Premium Membership can be found on the website at https://scorego-app.com/memberships/.

3.     Participation in tipping games

 

3.1.  The user can participate in “official” and “private” tipping games via the app:

       “Official tipping games” are automatically created by ScoreGO for new ATP or WTA tennis tournaments. For each tournament there is an official tipping game in which all registered users can participate. 

       “Private tipping games” can be created by the user himself for the available tournaments. For this purpose, the user must choose an individual group name for the tipping game and a password. The user can then invite other users to private tipping games.

3.2.  The tipping games may not be used by the user for illegal gambling. Such use entitles ScoreGO to immediately delete the tipping game and block the user profile and constitutes an extraordinary reason for termination. The user is obligated to indemnify ScoreGO from all costs, claims and disadvantages which third parties assert against ScoreGO due to the illegal conduct of a tipping game. 

3.3.  The game rules applicable to the tipping games can be viewed in the app.

 

4.     Participation in free competitions

4.1.  The user has the opportunity to participate in free competitions in the app. 

4.2.  Each user may only participate in the competitions once. The user is prohibited from abusive behavior. In particular, users who use unauthorized aids or otherwise obtain advantages through manipulation are excluded. In the event of abusive conduct by the user, ScoreGO may also subsequently revoke and reclaim any winnings.

4.3.  ScoreGO reserves the right to cancel or terminate competitions at any time without prior notice. ScoreGO may, in particular, make use of this right if the proper execution of the competition cannot be ensured.

4.4.  ScoreGO does not assume any warranty for the prizes awarded within the scope of the competitions. The announcement of the winners is made without warranty.

4.5.  The user’s right to win is not transferable. 

4.6.  The further conditions of participation can be found in the respective sweepstakes in the app. ScoreGO reserves the right to change the rules of the game if necessary.

 

5.     Registration

5.1.  Some of the functionalities require the creation of a user profile. For this purpose, the user must register electronically. The registration can be done via single sign-on (“Login with Apple”) or by providing your contact details.

5.2.  When registering, the user must provide the information required in the registration process. Mandatory fields are marked with an “*”. The user is obliged to provide complete and correct registration data. In particular, the user is prohibited from using an e-mail address that he is not authorized to use.

5.3.  The user profile and access data are not transferable without the written consent of ScoreGO. 

5.4.  The access data including the password must be kept secret by the user and must not be made accessible to unauthorized third parties.

 

6.     Premium Membership

6.1.  The User may conclude an in-app purchase via the App for Premium Membership. The premium membership offers an extended range of functions and further benefits. Details can be found on our website at https://scorego-app.com/memberships/.

6.2.  To purchase a Premium Membership, the User must select the desired term within the App, whereupon a pop-up will appear in which the User must enter his Apple ID and password. The user can then confirm the purchase of the subscription via another popup or cancel the process. The user then receives confirmation of the subscription from Apple. The subscription contract is concluded directly between the User and ScoreGO upon confirmation. 

 

7.     Trial subscription

7.1.  ScoreGO may offer Users a trial subscription for testing purposes (“Trial Subscription”). ScoreGO is free to decide at its own discretion whether the User is entitled to take out a trial subscription. 

7.2.  The User must provide his/her payment details when registering for the Trial Subscription. For this purpose, a pop-up appears in which the User must enter his Apple ID and password. By providing the payment details, the User agrees that the free trial subscription will be converted into a paid Premium Membership (section 6), which can be cancelled monthly, after the trial period has expired.

7.3.  If the User does not want the transition to a paid Premium Membership, the User may cancel the trial access via the settings of the Apple terminal device (“Subscriptions”) until the end of the trial period.

 

8.     Right of revocation

8.1.  The following right of revocation applies to the User as a consumer:

 

Cancellation policy

 

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

 

In order to exercise your right of revocation, you must send us 

 

Lamparter & Reuter UG, 

Goldersbachstraße 5/2 in 72074 Tübingen, Germany

telephone number: +491759149860

e-mail: business@scorego-app.com

 

by means of a clear declaration (e.g. a letter sent by post or an e-mail) about your decision to revoke this contract.

You can use the model withdrawal form printed below for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 

 

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

 

 

8.2.  The right of revocation shall also expire in the case of contracts for the delivery of digital content not on a physical data carrier if ScoreGO has commenced performance of the contract after the User has given its express consent thereto and at the same time confirmed its knowledge that it loses its right of revocation upon commencement of performance of the contract. 

 

8.3.  Sample cancellation form

 

Sample cancellation form

(If you wish to revoke the contract, please fill out and return this form).

 

To 

Lamparter & Reuter UG, 

Goldersbachstraße 5/2 in 72074 Tübingen, Germany

E-mail: business@scorego-app.com

 

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

 

 

Ordered on:                                       Received on:

 

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only in case of communication on paper):

Date:

 

 

 

(*) Delete as applicable.

 

 

 

9.     Right of use 

9.1.  ScoreGO grants the User a non-exclusive, non-sublicensable and non-transferable right to use the App for private purposes within the scope of the contractually agreed functionalities, which right is limited to the duration of the usage relationship. If new versions, updates or upgrades of the App are provided by ScoreGO during the term of the Agreement, the aforementioned right of use shall also apply.

9.2.  Beyond the purposes of these GTC, the User is not entitled to use, reproduce, download or make the App available to third parties. In particular, the User is not permitted to reproduce, commercially distribute and publish content provided by ScoreGO and other users via the App which has been uploaded in the context of the use of the App outside the intended functionalities.

10.  Availability of the app

ScoreGO endeavors to ensure an uninterrupted usability of the App as far as possible. However, the User has no right to uninterrupted use of the App. ScoreGO does not warrant that access to or use of the App will not be interrupted or impaired for a short period of time due to maintenance work, further developments or otherwise due to disruptions. ScoreGO will take into account the legitimate interests of the User, e.g. by providing timely information (to the extent possible).

 

11.  Posting of own content

11.1.             The User may post personal content, e.g. upload his/her own profile picture and write comments/contributions (“own content”), within the scope of the functionalities provided in the app.

11.2.             By posting Own Content, the User grants ScoreGO a royalty-free, perpetual and transferable right to use the Own Content, in particular to store the Own Content on ScoreGO’s servers and to edit and reproduce it, provided this is necessary for the provision of the Services in accordance with these GTC or has been initiated by the User.                       

11.3.             The User assures ScoreGO that he/she is the sole owner of all rights to the posted content or is otherwise entitled (e.g. by effective permission of the rights holder) to post his/her own content in the app and to grant the rights of use and exploitation as described above. Furthermore, the User undertakes not to post any content that violates applicable law.

11.4.             The User is obliged to indemnify ScoreGO from all costs, claims and disadvantages that third parties assert against ScoreGO due to the infringement of their rights by the User’s own content or due to an infringement of the law by the User. This shall not apply if the User is not responsible for the infringement of third party rights.

11.5.             Furthermore, irrespective of any violation of the law, the User is prohibited from abusive actions, in particular the following activities, when posting his own content on the App and when communicating with other Users (e.g. by commenting on posts):

   (i.)         the dissemination of pornographic, sexist, racist, insulting, inciting to violence, discriminatory or inciting to hatred content;

  (ii.)         the distribution of viruses, Trojans and other harmful content;

 (iii.)         the request of other users to disclose passwords or personal data for commercial or illegal purposes.

 

12.  Remuneration

12.1.             The payment methods offered in the app are available for the purchase of the premium membership.

12.2.             The payment obligation is renewed at the end of the selected term, unless the membership is terminated by the User before the end of the term (section 13).

12.3.             The User may always offset claims of ScoreGO to the extent that the claims of the parties are based on the same contractual relationship and are reciprocal (Section 320 BGB). In addition, the user may only offset claims of ScoreGO against counterclaims of the user that are undisputed or have been legally established.

13.  Term, Termination, Blocking

13.1.             When using the free version of the app, the user relationship shall run for an indefinite period of time from the date of installation of the app. The contract may be terminated at any time without notice by permanently deleting the app.

13.2.             Upon conclusion of the Premium Membership, the contract shall run at least for the term selected when ordering the Premium Membership and shall be automatically extended for an indefinite period if it is not terminated by the expiry of the selected term. The extended subscription can then be terminated at any time by giving one month’s notice. The cancellation of the Premium Membership can be made via the settings of the Apple end device (“Subscriptions”).

13.3.             The trial subscription shall run for the agreed trial period and may be terminated by the User until the expiry of the trial period via the profile settings of your Apple terminal device (“Subscriptions”). Upon expiration of the trial period, the trial subscription shall be converted into a paid Premium Membership. The Premium Membership may be terminated with one month’s notice. 

13.4.             ScoreGO may block the User’s access to the App or to parts thereof if there are concrete indications that the User has violated these GTC and/or applicable law, or if ScoreGO has another important reason for the blocking. The right to extraordinary termination remains unaffected. 

 

14.  Liability

14.1.             ScoreGO shall be liable without limitation within the framework of fault-based liability in the event of intent or gross negligence, for damages due to injury to life, body and/or health, in accordance with the provisions of the Product Liability Act and/or to the extent of any warranty assumed by ScoreGO.

14.2.             Subject to a more lenient measure of liability under statutory provisions, in the event of a slightly negligent breach of an essential contractual obligation, ScoreGO’s liability shall be limited to the amount of foreseeable, typically occurring damages. Material contractual obligations are those whose fulfillment is necessary for the proper performance of the contract and on whose compliance the User regularly relies and may rely.

14.3.             In all other respects, ScoreGO’s liability is excluded.

14.4.             The above limitations of liability shall also apply to breaches of duty by persons for whose fault ScoreGO is responsible under statutory provisions.

 

15.  Data protection 

The ScoreGO Privacy Policy, available at https://scorego-app.com/data-privacy, shall apply. 

 

16.  Changes to these GTC and the services 

16.1.             ScoreGO reserves the right to amend these GTC at any time with effect also within the existing contractual relationship. ScoreGO will notify the User at least 30 calendar days prior to the planned effective date of an amendment to the GTC. 

16.2.             Unless the User objects within 30 days of receipt of the notification, the amendments shall be deemed to have been effectively agreed upon upon expiry of the deadline. In the event of an objection, the user relationship shall be continued under the previous terms and conditions. In case of an objection, ScoreGO reserves the right to terminate the user relationship at the next possible point in time. In the notice of change, the user will be informed of his right to object and of the consequences.

16.3.             ScoreGO also reserves the right to change the functionalities provided free of charge at any time, to make new functionalities available free of charge or against payment and to discontinue the provision of free functionalities. ScoreGO will take into account the legitimate interests of the user. Without the active consent of the user, no additional costs will be incurred for functionalities that have been free of charge until now.

17.  Applicable law, information on out-of-court dispute resolution

17.1.             German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of a foreign state remain unaffected if a user has his habitual residence in that state.

17.2.             ScoreGO does not agree to conduct dispute resolution proceedings pursuant to Section 36 of the German Consumer Dispute Resolution Act (VSBG) and is not obliged to do so.

17.3.             The online dispute resolution platform can be accessed via this link: http://ec.europa.eu/consumers/odr. This is a contact point for consumers who wish to settle disputes arising from contracts concluded on the Internet extrajudicially.

 

Status: [August 31st, 2023]