Terms and Conditions (T&Cs) for the use of 24/8 Basketball

Effective date: April 1st, 2023

1. Introduction.

The following terms and conditions set the legal framework for the use of 24/8 Basketball and our services. Please read them carefully.

2. Scope

2.1 Contractual partner and subject matter of the contract

These Terms and Conditions form the basis for the user agreement that is concluded between you and us, " Jannis Berndt, Yannis Beuke and Daniel Salaw GbR" (hereinafter referred to as "us" or "we"). The subject of this contract is the use of the services offered by us via our website www.24eight.app , other 24/8 Basketball websites or via our software applications (hereinafter generally referred to as "24/8") free of charge for the basic functions or, if additional functions are added by subscriptions or individual purchases, against payment. The 24/8 Services offer the user various possibilities to digitally document basketball activities, to compare himself with other basketball players and to establish contacts with other users based on their physical location.

2.2 Arrangements between users

In case of appointments between users (for example for games or trainings) via our services, 24/8 is not a contractual partner. A contractual relationship is exclusively between the organizer and the participants. If applicable, the individual conditions of the organizer apply. The appointment does not imply any assumption of legal obligations. Each participant is legally responsible for himself. If legal obligations should be agreed upon among the participants deviating from this, this does not lie in the liability area of 24/8.

2.2 Supplementary conditions

We reserve the right to add supplementary conditions for individual 24/8 services. We will point this out to you before use.

3. Conclusion of contract

3.1 Formation of the contract - Free Version

To use 24/8, you must first register a user account. Registering a user account is possible via our mobile apps. When you first open our mobile app, you will be prompted to select one of the different registration options. By clicking on one of the buttons displayed on this screen, you declare that you accept our Terms and Conditions and our Privacy Policy. At this moment at the latest, your contract for the use of the basic functions (available free of charge) is concluded with us. After registration, we will send you an e-mail for security reasons, in which we ask you to verify the registration. If you click on the corresponding link in this e-mail, you will be redirected to a website where we will finally confirm the registration. Only then is the registration process complete.

Alternatively, you have the option to register with one of your existing accounts from other providers (e.g. Google or Apple).

3.2 Conclusion of contract for additional services or subscriptions against payment

In addition to the contract for the use of the free, basic functions, you can purchase access to extended functions by means of a subscription or by paying a one-off amount. If you purchase the additional services via a mobile app, a contract for the paid use of an extended range of functions (for more information on the corresponding services and prices, see 4.) is concluded when you click on the "Buy now" field or a comparable field as part of an in-app purchase.

3.3 Login via mobile apps

When registering via our mobile apps, the conclusion of the usage contract depends on the rules of the respective provider of the store (e.g. Apple, Google, etc.). The contract may already be concluded when you click on the install field in the respective store and, if required, enter your password. Please note that the use of our services still requires the registration of a free user account at 24/8.

3.4 Contract extension

When you change your subscription, 24/8 or the respective provider terminates your original subscription and your updated subscription starts immediately. You will immediately have access to all additional services included in your upgraded subscription. The contract is concluded as described above.

Thereafter, your subscription will automatically renew for the selected minimum term until canceled by you or us.

4. Services and prices

The scope of the 24/8 services you can use depends on whether you use them free of charge or against payment. In the case of free use, your access rights may be restricted. The free basic functionality includes, for example, the recording of your own throwing results, networking with other users and access to basic statistics. The extended functionality, which varies depending on the service, is only available to you if you activate it for a one-time payment or as part of a subscription. Advanced features may include more advanced statistics analysis, more extensive team management capabilities, and more.

Please note that for the full use of some services training equipment (such as a basketball or basketball hoop) is required. These are not part of our service and may have to be purchased separately and at your own expense.

5. Contract Term

5.1 User agreement for basic functions - Free Version

The contract on the use of the free basic functions concluded between you and us with the opening of a user account is valid for an indefinite period of time.

5.2 One-time additional services against payment

One-time, fee-based additional services that grant access to an extended range of functions can be provided for a fixed term. They then end automatically at the end of this period without the need for termination.

5.3 Paid subscriptions

Our paid subscriptions that provide access to extended functionality are offered with different minimum terms and will automatically renew for the period of the minimum term selected by the user until terminated by either party. The term is based on the calendar and is independent of your usage of the respective service.

6. Payment Terms

When purchasing additional services by paying a one-time amount, the fees are collected immediately after the conclusion of the contract. When concluding a subscription, the fee due is collected in advance for the respective minimum term at the time the contract is concluded. In case of automatic renewal of the subscription, the fee will always be collected in advance at the beginning of the renewal period. If the fee is collected via iTunes, the fee is already collected 24 hours before the start of the respective billing period.

7. Means of payment

If you purchase our services for a fee through in-app purchases, you will be billed by the provider of the respective store. This provider determines which means of payment are available.

If we incur costs and/or expenses due to rejected payments and if you are responsible for this, we can charge you the actual amount of the costs and/or expenses incurred.

If you incur fees when using a payment method, you will be notified of this during the purchase process. Providers of the means of payment can offer payment by installments for a fee. This fee is charged directly by the respective provider and must therefore be paid directly to them. The terms and conditions of the respective provider apply. In the event of a revocation, we can not refund you these fees.

If there is a justified reason, we reserve the right not to offer selected means of payment for each purchase.

8. Right of revocation

8.1 Cancellation policy

If you conclude a free user contract or a contract for a one-time additional service or a subscription with us, you are entitled to the following right of revocation in each case.

You have the right to cancel the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. Please note that certain products may be sold exclusively as a package. These product packages are non-divisible services, so that a partial revocation is excluded. Of course, you are free to revoke the contract with regard to the entire product package.

To exercise your right of revocation, you must inform us:

Jannis Berndt, Yannis Beuke and Daniel Salaw GbR

Kiefernring 66

14478 Potsdam

mail@24eight.app

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke the contract. You can use the model revocation form below, which is not mandatory. To comply with the cancellation period, it is sufficient that you send us the notification of the exercise of the right of revocation before the expiry of the revocation period.

Sample revocation form

8.2 Consequences of revocation

If you revoke the contract, we will reimburse you for 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 cheapest 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. 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 incur fees when using a means of payment (e.g. purchase on installments), which are charged directly by the respective payment provider and must be paid to them accordingly, these fees are excluded from reimbursement by us in the event of a revocation.

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

8.3 Expiry of the right of revocation

The right of revocation shall also expire in the case of a contract for the provision of services if we have provided the service in full and have only begun to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of revocation upon complete fulfillment of the contract by us.

In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of revocation shall also expire if we have commenced performance of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of revocation upon commencement of performance of the contract.

9. Special events and promotions

9.1 Time limited events or promotions

24/8 offers various promotions and actions at irregular intervals, such as referral programs, mini-games, tournaments, and seasonal formats. These promotions are not a fixed part of our offering and are usually time-limited. Separate conditions may apply to these promotions, which can be viewed and accessed before participation.

9.2 Opportunities to Win Prizes in Promotions and Events

We may offer prizes or cash rewards for winners of various events, whether digital or non-digital in nature. However, we reserve the right to change the opportunities to win at any time and without prior notice, as well as to exclude participants from participation who violate the conditions or otherwise violate the law or the rights of others. We are not obliged to disclose the reasons for such a change or termination of winning opportunities. We make all decisions regarding winning opportunities and the eligibility of participants at our sole discretion. We reserve the right to reclaim or charge back all winning opportunities or rewards that were erroneously awarded due to fraud, technical problems, errors, or other reasons.The legal recourse is excluded.

9.3 Raffles

We may occasionally organize raffles for prizes. Participation in these raffles is open to all users who meet the respective requirements, such as reaching a certain score or completing certain challenges. However, we reserve the right to change or terminate the conditions for participation or the selection of winners at any time and without prior notice, as well as to exclude participants who violate the terms or otherwise violate the law or the rights of others. We are not obligated to disclose the reasons for such a change or termination of raffles. We make all decisions regarding raffles and the eligibility of participants at our sole discretion. We reserve the right to reclaim or cancel all prizes that were awarded due to fraud, technical problems or errors, or for other reasons. The legal recourse is excluded.

10 Liability for defects

10.1 Legal provisions

For claims due to defective services, the respective legal provisions apply. Your consumer rights remain unaffected in any case.

10.2 No warranty

We cannot guarantee that the result you want will be achieved by using our services. The training result is influenced by factors that cannot be controlled, such as physical predispositions and previous experience, so the result may vary for different people despite similar use of our services.

11. Liability

11.1.

We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

11.2.

In other cases, we shall only be liable - unless otherwise provided in 11.3 - in the event of a breach of a contractual obligation, the fulfillment of prerequisites for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded, except for the exceptions stated in 11.3.

11.3.

Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

12. Rights of use of 24/8 content

12.1 Restricted rights

The services offered by us contain, depending on which services you activated or which you have purchased, copyrighted or otherwise protected content to which we are entitled to the corresponding rights. We grant you a simple, temporally and spatially unrestricted and non-transferable right to use this content in non-commercial form within the framework of the contractual provisions. A commercial use can also be authorized (e.g. by purchasing a corresponding subscription) after a corresponding, explicit agreement with us. The right to use the basic functions available free of charge expires upon termination of the user agreement. The right to use extended functions purchased for a fee expires as soon as the corresponding contract for the use of additional functions is terminated (e.g. after cancellation of the corresponding subscription) or with the termination of the usage contract for the basic functions available free of charge.

12.2 No editing right

You have no editing rights to our content. Editing may only take place in consultation with us and requires our express permission.

13. User generated content

13.1 Transfer of the rights to your content

When you transmit, upload, post, or otherwise make available data and content of any kind to us within the 24/8 App, you transfer to us the non-exclusive, textually unlimited, worldwide, royalty-free, perpetual right to use, store, reproduce, modify, copy, publish, translate, and otherwise distribute the data and content in any medium of our choosing.

In particular, all basketball court data you provide is made publicly available by us under the Open Data Commons Open Database License (ODbL) v1.0. For more information, see the Locations and Map Data section.

13.2 No responsibility for external content

You are solely responsible for all content that you upload within our services. We do not adopt them as our own. In particular, you are prohibited from advertising commercial websites or other products through your user account, unless you have been explicitly permitted to do so by us (e.g. through a subscription that allows you to advertise commercially).

When providing your own content, you are obliged to comply with all applicable laws and other legal provisions of the Federal Republic of Germany. It is prohibited to provide content that is pornographic, racist, sexual, discriminatory, violent, adult, hateful, insulting and/or defamatory.

Furthermore, you are obligated not to violate the rights of third parties. This applies in particular to personal rights and intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). For all photos posted by you (e.g. profile picture) you must be the owner of the necessary rights.

Content that is illegal or violates the aforementioned principles may be removed by us at any time without prior notice. In case of violation of the aforementioned principles, we are entitled to warn you or to temporarily block your user account or to terminate the user contract for cause according to section 14.4.

13.3 Exemption

In the event that you are responsible for a breach of the principles set out in clauses 13.1 and 13.2, you are obliged to indemnify us against third party claims arising from the breach. The indemnification also includes the costs of an appropriate legal defense. You agree to assist in clarifying the facts. We reserve the right to assert claims for damages and other claims on our part.

14. Termination of contract

14.1 Termination of the free of charge usage agreement

Both parties are entitled to terminate the free user contract for the use of the basic functions without giving reasons with a notice period of two (2) weeks in text form, at the earliest, however, at the end of the contract or minimum term of your subscription and/or at the end of the term of a one-time paid additional service. To terminate the User Agreement, you must send an email to mail@24eight.app requesting deletion of your account. Please note that after deletion of your user account, all personal information provided by your will be deleted by us within 30 days and you will also no longer have access to previously purchased content. If at the time of deletion of your account you still have a current subscription or have booked an additional service, the term of which has not yet ended, any amount already paid by you will not be refunded - not even proportionally.

14.2 Subscriptions

Each subscription must be canceled individually. Cancellation of a subscription is possible with a notice period of two (2) weeks without giving reasons, effective at the end of the respective contract or minimum term. Subscriptions purchased via in-app purchases must be canceled in the settings of the respective store. Your user account as well as further subscriptions remain valid after the cancellation of a subscription, subject to further cancellation.

We are entitled to terminate any subscription at the end of the contract or minimum term with two (2) weeks' notice in text form.

14.3 One-time additional benefits

Contracts for the paid use of one-time additional services shall end automatically upon expiry of the respective fixed term or upon termination of the basic contract for the use of the services available free of charge, without any notice of termination being required. Prior termination is not possible.

14.4 Termination for cause

The right to terminate for cause remains unaffected for both parties. An important reason for termination is, for example, if you seriously or repeatedly violate the provisions of these Terms and Conditions or are in default with your payment obligations despite a reminder. We are then entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account.

15. Input of non-truthful values

You agree to truthfully report your performance (such as the number of hits in a workout or game results). This is to ensure that all 24/8 users can compare themselves under fair conditions. In particular, entering new courts/baskets as well as faking a wrong location when entering results may be checked by us algorithmically and/or manually. We do not guarantee the accuracy of the information.

If we suspect or are certain that the information is not true, we reserve the right to remove this false information and/or to block the account concerned for a period of time determined by us. The information may be checked for plausibility at our discretion manually, using reports of other users or with the help of algorithms and artificial intelligence.

16. Fair Play

As the provider of a basketball app, we place great emphasis on fair play in sports and expect the same from our users. We kindly ask you and all our users to behave respectfully and fairly towards each other and to abide by the game rules as well as our terms of use and separate conditions for promotions and actions. We reserve the right to exclude users permanently or temporarily from promotions or to block access to the app if they violate our terms of use or the principles of fair play or otherwise violate the law or the rights of others. We are not obligated to disclose the reasons for such a decision. We strive to assist our users in creating a positive and fair gaming environment and appreciate any feedback or reports from users who violate our terms of use or the principles of fair play.

17. Locations and Map Data

17.1. Data correctness

Locating and entering a location shown in our services (for example a basketball court) is always at your own risk. We are not liable for the correctness of the location of a place, nor for the freedom from danger of this. Please do not go alone to unknown areas.

17.1. Data publication

Our database of basketball courts is based on OpenStreetMap data, so the Share-Alike rule applies, which means that our basketball court data is also licensed by the ODbL (see https://opendatacommons.org/licenses/odbl/1-0/). Accordingly, all data added to the data originally from OpenStreetMap is made publicly available at the following link: https://lt3rmeranh.execute-api.eu-west-1.amazonaws.com/courts/derived-data. In addition to this, we have made changes to the data from OpenStreetMap, whose algorithm can be found at the following link: https://www.24eight.app/code.html.

18. Online dispute resolution

The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order out of court first. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our e-mail address in the imprint.

19. Amendments to the terms and conditions

We reserve the right to change these Terms and Conditions with effect for the future if this is necessary for legal, regulatory or technical reasons and the changes are reasonable in good faith, taking into account your interests. We will notify you of the changes by e-mail no later than two (2) weeks before the new version of the Terms and Conditions is scheduled to take effect. If you do not object to the validity of the new Terms and Conditions within this period and continue to use 24/8, the new Terms and Conditions shall be deemed accepted. In the event of an objection, we reserve our ordinary rights of termination.

20. Final provisions

20.1 Applicable law

German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it concerns mandatory consumer law provisions.

20.2 Jurisdiction

If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these Terms and Conditions have become effective or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.

20.3 Contract language

This is only a translation of the german contract. If there is any contradiction to the german version, the german version takes precedence. You can find the german version on www.24eight.app/terms-and-conditions.html .

20.4 Severability clause

Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

21. Provider information

Jannis Berndt, Yannis Beuke and Daniel Salaw GbR

Kiefernring 66

14478 Potsdam

mail@24eight.app