General Terms and Conditions (GTC)
1. Scope
1.1 The following terms of use (hereinafter referred to as “Terms”) apply to all services provided by SPM Sportplatz-Media GmbH, Schleidenstraße 3, 22083 Hamburg (hereinafter referred to as “SPM Sportplatz-Media”), in connection with its website (hereinafter referred to as “Website”), which can be accessed at www.coachingapps.ch, among other places, and the soccer coach application (hereinafter referred to as ‘Apps’; Website and Apps collectively referred to as “Offers”) to its users.
1.2. The relationship between users and the operator of the platform (e.g., Apple’s App Store, Google’s Play Store) through which the app is distributed, including any in-app purchases, is governed exclusively by the respective terms and conditions agreed between the user and the platform operator.
2. Registration
2.1 Use of the services requires the user to register by entering their personal data and a valid email address. The information provided must be truthful and updated in the event of changes. After registration, SPM Sportplatz-Media will ask the user to confirm the email address provided.
2.2. During registration, the user must choose a password. The user must keep the password secret and not disclose it to third parties. If third parties gain knowledge of the password through the fault of the user, the user shall be liable for any damage resulting from the use of the password.
3.Services, subscription services, payment of fees
3.1 SPM Sportplatz-Media offers various functions as part of its services, which are intended to improve the organization and implementation of soccer training sessions. Among other things, users can download training exercises or create exercise sketches using the editor. Some of the services are available free of charge.
3.2 SPM Sportplatz-Media is entitled to change the services or their scope at any time.
3.3 As part of the offers, users can order subscription services for a specific period of time for a fee on the respective platforms (e.g., Apple’s App Store, Google’s Play Store). These subscriptions are linked to the user and are not transferable. The respective period is determined by the user during the ordering process (minimum 1 month and maximum 12 months) and is automatically extended for an indefinite period if the user does not cancel the subscription service before the end of the period. Notice periods are based on the periods specified on the platforms.
4. Rights of use
4.1 The user is granted the simple, non-transferable, and non-sublicensable right to use the services for private purposes for the duration of the registration.
5. User obligations, access blocking
5.1 When using the services, the user may not (i) violate public decency with their usage behavior; (ii) violate industrial property rights, copyrights, personal rights, property rights, or other rights of third parties; (iii) transmit content containing viruses, Trojan horses, or other programming that could damage software; (iv) enter, store, or send hyperlinks or content for which they are not authorized; or (v) integrate source code into the services that would enable them to extract data from the database or the services.
5.2 SPM Sportplatz-Media is entitled to block access to the offers if the user violates his obligations under these terms and conditions.
5.4 SPM Sportplatz-Media is not liable for the failure of the offers or for errors within the offers, in particular for the incorrect presentation of training exercises or sketches, unless there is intent or gross negligence.
6. Hyperlinks
6.1 The offers may contain hyperlinks to third-party websites. SPM Sportplatz-Media accepts no responsibility for the content of these websites, nor does SPM Sportplatz-Media endorse these websites and their 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.
7. Warranty
7.1 SPM Sportplatz-Media warrants that the offers will be accessible without disruption as far as technically and operationally reasonable. This does not apply to times when the offers are not accessible or only accessible to a limited extent due to technical or other problems beyond the control of SPM Sportplatz-Media (such as force majeure, fault of third parties, etc.). SPM Sportplatz-Media will immediately remedy any disruptions for which SPM Sportplatz-Media is responsible within the scope of what is technically and operationally reasonable.
7.2 Insofar as services are provided free of charge, liability for material defects and defects of title, in particular for their accuracy, freedom from third-party property rights and copyrights, completeness, and/or usability, is excluded, except in cases of intent or malice. Otherwise, the statutory provisions shall apply.
8. Liability, viruses, and malware
8.1 SPM Sportplatz-Media shall be liable to the user for damages in accordance with the statutory provisions in the event of intent or gross negligence or in the event of culpable injury to life, limb, or health. Otherwise, SPM Sportplatz-Media shall only be liable to the user for foreseeable, direct damages typical for this type of contract and only if SPM Sportplatz-Media or a legal representative or vicarious agent of SPM Sportplatz-Media acted culpably.
8.2 Although SPM Sportplatz-Media always endeavors to keep its offerings free of viruses and malware, SPM Sportplatz-Media does not guarantee that they are free of viruses or malware. Before downloading information, the user shall ensure that appropriate security measures and virus scanners are in place for their own protection and to prevent viruses on the application.
9. Cancellation policy
9.1 Right of cancellation: The user has the right to cancel this contract within fourteen days without giving any reason. The withdrawal period begins fourteen days from the date of conclusion of the contract. To exercise the right of withdrawal, the user must inform SPM Sportplatz-Media GmbH, Schleidenstraße 3, 22083 Hamburg, info@coachingapps.ch of their decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). The following form can be used for the withdrawal:
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To: SPM Sportplatz Media GmbH, Schleidenstraße 3, 22083 Hamburg, Germany
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notifications)
– Date
(*) Delete as applicable.
To comply with the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.2 Consequences of revocation: If the user revokes this contract, SPM Sportplatz-Media shall reimburse the user for all payments already received by SPM Sportplatz-Media without delay and at the latest within fourteen days from the day on which the notification of revocation was received. SPM Sportplatz-Media will use the same means of payment for this repayment as the user used for the original transaction, unless expressly agreed otherwise; in no event will the user be charged for this repayment. If the user has requested that SPM Sportplatz-Media begin performing the services during the withdrawal period, the user shall pay a reasonable amount corresponding to the proportion of the services already provided up to the time the user informs SPM Sportplatz-Media of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
9.3 Special note: The right of withdrawal expires prematurely if the contract has been completely fulfilled by us before you have exercised your right of withdrawal.
10. Other provisions
10.1 Verbal side agreements are invalid. Amendments and/or additions to these terms and conditions must be made in writing. This also applies to any amendment to this clause.
10.2 SPM Sportplatz-Media reserves the right to amend and/or supplement the terms and conditions. SPM Sportplatz-Media will announce any amendments/supplements by means of a notice within the scope of the offers. The user may object to the amendment/supplement by email within 14 days of the notice being published. In the event of an objection, SPM Sportplatz-Media is entitled to terminate the contract with the respective user upon the change/addition taking effect, or in the case of subscription services, upon expiry of the respective period. If no objection is made within the specified period, the new terms and conditions shall be deemed to have been approved.
10.3 SPM Sportplatz-Media is entitled to use the assistance of third parties to fulfill its obligations under these terms and conditions. SPM Sportplatz-Media is also entitled to transfer all rights and obligations under these terms and conditions to a third party.
10.4 Should individual provisions of these terms and conditions be or become invalid or incomplete, the validity of the remaining provisions shall remain unaffected. The corresponding gap shall be replaced by an effective provision that comes closest to the economic intent of the parties.
10.5 Substantive German law shall apply, excluding German conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.
frechts.