General Terms and Conditions – easy2coach Team Manager

General Terms and Conditions – easy2coach Team Manager
The app “easy2coach Team Manager”, hereinafter “App”, is a program for the organization of football teams, hereinafter referred to as “Easy2Coach”.

The app is made available to its users on the basis of these terms of use. Please read this carefully.

Scope of application
These general conditions of use apply to all offers in the app. General terms and conditions of the users are not applicable. The contract of use is concluded with Easy2Coach GmbH. If special services or services are offered in the app (eg marketing of advertising banners or in-app purchases), additional special conditions of use may apply. The user is referred to separately. Special conditions of use are subject to these general conditions of use as far as they contain deviating regulations. If services or services are provided by cooperation partners or third parties, the general terms and conditions of business of the partners / third parties may additionally apply. The user is referred to separately. If services or third-party services are communicated to the user via the app, contractual relations only arise between the user and the third party.

2. User circle, availability and terms of payment
The offers and services of the app are initially freely accessible for everyone. However, Easy2Coach reserves the right to limit access to features in the following versions of the app and to make them available only by means of an in-app purchase. Any use of the services and content offered in the app outside the app requires the prior written consent of Easy2Coach.
Easy2Coach is entitled to change, extend and temporarily and permanently discontinue the offerings and services of the app. As far as the user has used special services or offers, the provided notice arrangements apply.

Easy2Coach makes every effort to provide access to the app 24 hours a day, within the framework of its technical and organizational possibilities. The user recognizes that 100% accessibility is not possible. Due to maintenance, Internet-related interference or due to force majeure or hacker attacks, the functionality of the app or individual offers and services may be restricted or completely abolished. Users are not entitled to the continuous, uninterrupted functioning of the app or individual offers and services. There is no liability for loss of data, except for a breach of a primary obligation or a gross negligent or intentional behavior of Easy2Coach. There is no liability for customer’s fault, such as loss of password and misuse by third parties.

3.1 Obligations of the user
The user is obliged to comply with the legal regulations and not to use offers and services in the app for unlawful purposes. Any distribution and transmission of unlawful, in particular pornographic, violence glorifying, defamatory, offensive, discriminatory or offensive content is prohibited. The offers and services in the app and Easy2Coach generally may not be used by the users for commercial purposes. It prohibits, in particular, the massive, unsolicited transmission of content (spamming), advertising and viral marketing. The same applies to actions of the user, which are suitable to impair the offerings and services of the app or to make it functional. The user is obligated to replace Easy2Coach any damage resulting from a breach of the aforementioned obligations or rights of third parties. This also includes indirect damage and property damage. The user releases Easy2Coach from all claims of third parties, which result from this infringement, unless he is not responsible for this violation. Easy2Coach is entitled to block the access to the offers and services in the event of a breach of these terms of use or in case of a reasoned suspicion of a violation without further notice and justification and to remove the corresponding data.

3.2 Registration / Conclusion of Contract
The user has to register before claiming the app. The user assures that all of the data provided by him during registration are true and complete. The user is obligated to notify Easy2Coach of changes to his user data immediately. The user may not use any pseudonyms or artist names. When registering, the user selects a password. He is obliged to keep his password secret (see notes on password security). Easy2Coach will not pass the password to third parties and will never ask the user for the password. By completing the registration process, the user submits an offer to conclude the contract for the use of the services of the app. Easy2Coach accepts this offer by unblocking the user for the services of the app. This assumption establishes the contract between the user and Easy2Coach. Each user may only register once and create only one user profile. Easy2Coach can not determine technically with certainty whether a user registered in the app actually represents the person that the user pretends to be. Easy2Coach therefore does not guarantee the actual identity of a user.

Notes on password security:

  • Password protection for all user IDs
  • Strict secrecy
  • Minimum length: 8 places
  • Exploit the entire available set of characters
  • Avoid trivial passwords
  • Input by hand (no function key assignment)

Criteria for safe passwords:

  • 6-8 characters with at least 5 different characters
  • Use of different character classes (small, uppercase, digits, special characters, control characters)

Unsafe passwords:

  • All words that are shorter than 6 characters
  • All words of many languages ​​from lexicons, e.g. The Duden
  • Names of people, places, streets

4. Responsibility for the content
Easy2Coach makes every effort to ensure the accuracy, completeness, and timeliness of the content, information and services published in the app. Neither Easy2Coach nor its employees accept liability for completeness and timeliness. The information is non-binding. Where appropriate, content, information and services are provided in the app by partners of Easy2Coach or third parties. Such foreign contents are indicated by sources, notes such as “provided by” or the logo. With the inclusion of their content in the app and the note, no recommendation or guarantee of Easy2Coach is connected. Easy2Coach is not responsible for these contents. These providers are not easy-to-use aids from Easy2Coach. If the user reaches external websites via links in the app and / or further domains, the responsibility is also exclusively with the providers of these sites. Easy2Coach does not adopt the content of these pages as its own. Any liability or warranty by Easy2Coach for the contents of the linked pages is excluded. Easy2Coach does not have any influence on the design and contents of the linked pages and hereby expressly distances itself from all content of linked pages in the app and on its website and does not make them their own. In addition, it is possible that other Internet sites have linked the website of Easy2Coach without its knowledge by hyperlink. Easy2Coach dissociates itself from representations and contents, which are published on Internet pages of third parties.
Easy2Coach also makes the contents, which are adjusted by third parties or users or from banners and other advertising surfaces not own. Any liability and warranty regarding these contents is excluded to the extent permitted by law. This also applies in particular to cases in which the content posted by users infringes intellectual property (trademark rights, copyrights, etc.) or against the personality rights of third parties.

4.1 Responsibility for the user to set content
The user is not permitted to use copyrighted, trademark, patent or otherwise protected third party content, e.g. Pictures, videos, animations, texts or drawings, upload them in the app and make them publicly available.
The user is responsible for the contents that the user makes publicly available in the app. It is the responsibility of the user to ensure that the contents are legal, do not violate applicable laws and do not violate the rights of third parties.

5. Limitations of liability
Easy2Coach is only liable for damages, except in the event of a breach of essential contractual obligations, if and to the extent that Easy2Coach, its legal representatives, management employees or other vicarious agents are guilty of gross negligence. In case of breach of essential contractual obligations, Easy2Coach is liable for every culpable behavior of its legal representatives, senior executives or other vicarious agents. This also applies to claims under the Product Liability Act.
Easy2Coach is only liable for consumers and gross negligence towards consumers. In the event of a breach of essential contractual obligations, the default of the debtor’s liability or the impossibility of the service being responsible for which the app is responsible, Easy2Coach is nevertheless liable for any culpable behavior of its employees and vicarious agents. This also applies to claims under the Product Liability Act.
Except in the case of intent or gross negligence by legal representatives, senior employees or other agents, Easy2Coachs, the liability of the amount is limited to the damages typically foreseeable at the time of conclusion of the contract.
Liability for the compensation of indirect damages, in particular for loss of profit, exists only in cases of willful intent or gross negligence on the part of legal representatives, management employees or other persons in charge of Easy2Coachs.
The foregoing exclusion of liability and limitations to business owners or consumers shall not apply in the event of the express warranty being given by Easy2Coach and for damages resulting from injury to life, limb or health as well as mandatory legal regulations.

The above limitations apply in particular in the following cases:

  • Attacks from the intranet or the Internet (hacker attacks, data modification and computer abuse according to § 303a StGB)
  • Data loss – completely or partially – after a system crash
  • Data loss – in whole or in part – due to incorrect or improper use or use of the software
  • Through serious errors in the software
  • Loss of data completely or partially – by issuing a password to a third party, or by issuing an unsafe password
  • Easy2Coach points out that complex software is never completely free of errors. The Easy2Coach recommends regular data backups to protect you against data loss – completely or partially

6. Privacy and security
Easy2Coach complies with the legal data protection regulations. User data is kept confidential. The transfer to third parties is only to the extent permitted by the data protection regulations or the user agrees to this. Easy2Coach is aware of the fact that the users are particularly sensitive to the handling of all personal data that is transmitted to users at Easy2Coach. Easy2Coach therefore adheres to all relevant legal data protection regulations (German data protection laws, European data protection guidelines and any other applicable data protection law). Easy2Coach will, in particular, not pass on the personal data of the user unauthorizedly to third parties or otherwise make known to third parties. Details regarding the processing of the data of the users are regulated in the privacy regulations of Easy2Coach, which are accessible within the app.

6.1 Note on the use of Google Analytics
The app uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer or smartphone and which allows an analysis of the use of the website by you. The information about your use of the app (including your IP address) generated by the cookie is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the app, to compile reports on the activities for the website operators, and to provide additional services related to the use of the app, web sites and Internet usage. Google may also transfer this information to third parties, provided that this is required by law or if third parties process this data on behalf of Google. Google will in no case associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; However, Easy2Coach would point out that in this case you may not be able to use all the features of the app to its full extent. By using the app, you agree to the processing of the data collected about you by Google in the manner and for the purposes set out above.

7. Termination
The user can terminate the membership at any time without giving reasons. The termination can be made with the contact form available in the app. In the event of termination, the username and registered e-mail address of the user shall be indicated. These regulations do not affect the right of both parties to terminate for important reasons. An important reason for Easy2Coach is in particular if the continuation of the contractual relationship is not reasonable until the end of the notice period for Easy2Coach taking into account all the circumstances of the individual case and taking into account the interests of Easy2Coach and the user. Important reasons are in particular the following events:

  • Non-compliance of legal regulations by the user, violation of the user against his contractual obligations
  • The reputation of the offered services is considerably affected by the presence of the user
  • Of users is looking for associations or communities – or their methods or activities – which are monitored by safety or protection authorities
  • The user damages one or more other users or
  • The user is a member of a sect or a religious community controversial in Germany

In the event of an important reason, Easy2Coach may also impose the following sanctions against the user, irrespective of termination:

  • Deletion of content that the user has suspended,
  • Saying a warning or
  • Block access to the app

8. Copyright
All content, information, images, databases and services published in the app are protected by copyright. The use is only permitted for personal private use. Any further use, in particular duplication, distribution, or publication for commercial purposes is prohibited. The same applies to the integration and / or display of websites or offers belonging to Easy2Coach by means of a hyperlink (framing). The offer of Easy2Coach is protected by copyright and may not be copied, modified, distributed, extended or otherwise used without the prior consent of third parties.
In particular, the users are not allowed to publish or commercialize graphics, drawings, videos and animations, which can be created with the integrated character software or integrated animation software. The created graphics and drawings may not be published on private or commercial websites or in print media such as books or magazines without the express consent of Easy2Coach. Also, individual icons or symbols of the software may not be used for this purpose. Users who wish to publish or sell the generated graphics, drawings or icons and symbols from the software require a special author license.
Infringements will be prosecuted by Easy2Coach in civil and / or criminal law.

9. Exemption
The User indemnifies Easy2Coach from all claims that other users or other third parties can assert against Easy2Coach due to infringement of their rights by users entered into the app by the user or because of the use of the Easy2Coach websites. The User shall bear the costs of the necessary legal defense, Easy2Coachs, including all legal and legal costs. This does not apply if the user is not responsible for the infringement. The user is obligated to make available the necessary information for a legal defense in case of a claim on the respective request Easy2Coach.

10. Amendments to the GTC
These general conditions of use can be changed by Easy2Coach at any time without giving reasons, unless this is not reasonable for the user. Easy2Coach will notify the user of changes in the terms and conditions in good time. If the User does not object to the validity of the new General Terms and Conditions within two (2) weeks after the notification, the amended GTC shall be deemed accepted by the user. In the notification, Easy2Coach will point out the right of objection and the importance of the objection period.

11. Applicable law and jurisdiction
German law, with the exception of the provisions of international private law and the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, shall apply to all legal disputes arising from and in connection with this contract.
The parties agree to the exclusive jurisdiction of the District Court of Charlottenburg for all disputes arising out of and in connection with this contract, to the extent permitted by law.

12. Severability clause
Should any provision of these General Conditions of Use be or become invalid in whole or in part, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by an effective provision which comes closest to the purpose of the invalid provision. The same applies to any regulatory gaps.

Berlin, 01.07.2016

Easy2Coach GmbH
Karl-Marx-Allee 85
10243 Berlin

Service hotline from 2 pm to 4 pm: +49 (0) 30-88767593
Fax: +49 (0) 30-88766868

Managing Director:
Jörg Pollmeier
Registered office: Berlin, Register court: Amtsgericht Charlottenburg
Trade register: HRB 119477, VAT ID: DE815068540