Terms of use

[This version will be replaced with app version 18 by version 2.0.3]

Last updated: August 2019

1. General

1.1 The provider of the "myteam App" applications is TEQneers GmbH & Co. KG, Leinenweberstr. 78A, 70567 Stuttgart (hereinafter "TEQneers").

1.2 Through its mobile application or web application (hereinafter collectively "myteam App"), TEQneers offers its users a simple way to organize training sessions, matches, events, and other aspects of day-to-day team management for various sports, and to share them with other users. The app is available for a range of mobile devices and operating systems (e.g. iOS, Android) or via the web app, and can be used quickly and easily anywhere in the world. TEQneers provides a platform for creating teams, training sessions, match dates, tournaments and other events, along with features for managing everyday team operations and for communication between users.

2. Scope

2.1 These terms of use apply to myteam App and all of its online offerings, content, features and services within the supported operating systems (iOS and Android). By using myteam App, you agree to be bound by these terms. You should therefore read them carefully.

2.2 These terms of use are directed at consumers, companies and clubs. They can be accessed online at any time and apply to all one-time and ongoing services, unless specific provisions take precedence. Any terms of the user that deviate from these terms of use shall not apply unless expressly agreed in writing.

2.3 TEQneers reserves the right to amend or adapt these terms of use at any time, for example to reflect changes in the law, changes to the services, or to close regulatory gaps. Users will be informed of such changes in an appropriate manner.

3. Subject of the agreement

3.1 The subject of this agreement is the free or paid use of myteam App.

3.2 The offering is directed at persons who meet the minimum age requirements set out in the terms of use of the app stores. Users below this minimum age require the consent of their parent or legal guardian.

3.3 The contractual relationship between you and TEQneers is established when you click the "Install" button on the product description page of the respective app store and, where applicable, enter your password.

3.4 Voluntary, free-of-charge services and features may be discontinued at any time. In such cases, the user has no claim to the continuation of these services and features.

3.5 TEQneers also reserves the right to expand, modify, remove or improve the services offered, in particular where this serves technical progress, appears necessary, or helps prevent misuse. These changes may alter the appearance, navigation or features of myteam App. TEQneers always strives to keep the apps user-friendly.

3.6 This contractual relationship may be terminated with immediate effect by either you or TEQneers, for both the paid and the free version of myteam App. In that case, you are no longer bound by these TEQneers terms of use. Termination takes place by deleting the app from the respective mobile device. For the paid version of myteam App, no refund is possible for current billing periods.

3.7 We reserve the right to display advertising in the free version of myteam App, which may take the form of banners, full-screen ads or sponsor logos. Users of myteam App are not permitted to edit, remove or obscure the advertising displayed.

4. Registration and use of myteam App

4.1 You can download myteam App as a mobile app for various devices from the respective app store, or use the web app. Registration is generally required to use the app.

4.2 myteam App currently only offers sign-up via email. To register, you must provide the required information truthfully and completely, unless it is marked as optional. You only need to provide an email address at which we can reach you.

4.3 The app may be temporarily unavailable due to necessary maintenance work. Furthermore, TEQneers is not responsible for downtime caused by the internet or network issues, and in particular not for downtime where the app is unreachable due to technical or other problems beyond TEQneers' control (e.g. force majeure, fault of third parties, etc.).

5. myteam App rules

5.1 You can upload a profile picture to your profile, but before uploading any photo you are obliged to ensure that you hold the exclusive usage rights to it. In addition, making the picture or other content publicly available must not violate any legal provisions, public decency and/or the rights of third parties. You alone are responsible for the data, pictures and content you provide. TEQneers does not check compliance with these rules for accuracy, nor whether the uploaded data is free of viruses.

5.2 No uploaded picture may show depictions of violence, or content of a pornographic, discriminatory, insulting, racist or defamatory nature, or any other unlawful content or depictions. To post pictures or photos showing people other than yourself, you must have those people's consent.

5.3 Pictures and texts posted in myteam App may not be copied, distributed or otherwise made publicly available without the consent of the rights holder – unless permitted by law.

5.4 Any attacks on the functionality of myteam App are strictly prohibited. This includes, for example, mass mailing of emails (SPAM), attempts to hack the apps, brute-force attacks, and the use or distribution of spyware, viruses and worms.

5.5 In the event of a violation of these rules, TEQneers is entitled to warn you, to suspend you temporarily or, where appropriate, to exclude you entirely from using the app. Ultimately, TEQneers may support criminal prosecution in the case of criminal offenses and may take civil or criminal action in relation to unlawful content or unlawful use of the app. TEQneers is under no obligation to issue a prior warning or to give advance notice of a deletion after becoming aware of unlawful content.

5.6 TEQneers assumes no responsibility whatsoever for the texts entered, content provided, pictures, data and/or information posted by you and other users, or for content on linked external websites. In particular, there is no guarantee that this content is true or serves a specific purpose.

6. Indemnification

6.1 You indemnify TEQneers against all claims (including claims for damages) asserted against us by other users or other third parties, including public authorities, due to an infringement of their rights caused by content you have posted on the myteam App apps. You will bear all reasonable costs. This also includes reasonable costs of legal defense incurred by us as a result of your infringement of third-party rights. All further rights and claims for damages of TEQneers remain unaffected.

6.2 The above obligations apply only insofar as you are responsible for the infringement in question, i.e. you acted knowingly or willfully, or failed to exercise the due care required in the circumstances.

6.3 You will take all appropriate precautions to back up the data and content you enter, upload and store in myteam App regularly and in a manner appropriate to the risk, and to create your own backup copies, so that the data and information can be restored in the event of loss.

6.4 It is technically impossible for TEQneers to determine with certainty whether a user registered in the app actually has the identity they claim to have. TEQneers therefore cannot guarantee the true identity of users.

7. Responsibility for the functionality and content of myteam App

7.1 Within the apps it offers, TEQneers provides content that may contain copyrighted rights of third parties. In such cases, this content does not belong to TEQneers and there is no way to modify it. TEQneers does not guarantee the accuracy, legality, completeness or currency of the content. This applies in particular to content and information located on third-party websites that myteam App links to. For this reason, TEQneers is not liable for damages caused by the provision of third-party content, for example in the event of infringement of copyrights or other third-party rights.

7.2 Third-party content made available within myteam App is not stored or hosted by TEQneers. It is stored on the respective hosting platforms (e.g. Youtube, Vimeo, Dailymotion, etc.). TEQneers has no influence whatsoever on the scope and duration of the storage and provision of third-party content.

7.3 Users of myteam App have no claim to the availability of specific content.

7.4 TEQneers is under no obligation to improve or expand the apps offered (updates/upgrades) or to make the content and features provided in the respective app accessible. TEQneers gives no guarantee with regard to specific functionalities of the apps.

8. Liability

8.1 TEQneers is liable only in cases of intent and gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents.

In cases of slight negligence, TEQneers is liable only:

a) for culpable injury to life, body or health

b) for culpable breach of a material contractual obligation (an obligation whose fulfillment is essential to achieving the purpose of the contract and the proper use of the app, and on whose observance the user may regularly rely). In this case, the claim for damages is limited to the foreseeable damage typically arising in such cases.

8.2 The above limitations of liability do not apply if TEQneers fraudulently conceals a circumstance relating to the condition of the app or assumes guarantees for specific functionalities of myteam App. The same applies to any claims of the user under the German Product Liability Act (Produkthaftungsgesetz).

9. Right of withdrawal

With regard to the use of myteam App, you generally have a statutory right of withdrawal if you are a consumer whose habitual residence or domicile is in the European Union.

General right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform TEQneers of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, or an email). To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Special notice

Your right of withdrawal expires early in the case of contracts for the supply of digital content not delivered on a physical medium (such as this app) if we have begun performing the contract before the end of the withdrawal period, after you have expressly consented to this and confirmed that you lose your right of withdrawal once performance of the contract begins.

10. Data protection

Information on the processing of personal data can be found in the privacy policy of the myteam App website and, additionally, in the privacy policy of the myteam App. Please note the respective scope of application of the privacy policies.

11. Final provisions

Should one or more provisions of these terms of use be invalid, the validity of the remaining provisions shall not be affected.

Any use of the app or of the data, information, texts, text excerpts or pictures contained herein, as well as any act, acquiescence or omission connected with the use of the app, is governed exclusively by German law.

This also applies to the use or registration of users from other countries. The place of jurisdiction is the registered office of the provider (Stuttgart, Germany).