Terms of Service
General Terms and Conditions of MovePoints UG (limited liability), Schoppenhauerstrasse 71, 80807 Munich (hereinafter referred to as “Provider”)
1. General provisions
1.1 The provider makes an app available to its users in accordance with these terms and conditions.
1.2 The provider does not recognize any terms and conditions used by the user that deviate from these terms and conditions, unless expressly agreed to.
1.3 If the app is distributed via an app store, the terms and conditions of the respective app store also apply to the purchase of the app.
2. Subject matter of the contract
2.1 The provider provides the user with a mobile application (“app”) that serves to organize, present, and communicate sporting activities and sporting events at public or freely accessible sports facilities. The app enables users to create, publish, and access content and information about sporting activities, as well as to register for activities offered by other users for free participation. Content can be displayed based on location, and event venues can be displayed in a suitable manner, in particular on maps. The range of functions offered by the app may vary depending on the selected usage tariff.
2.2 The app is available in a free and a paid version. In the free version, users have access to limited functions, in particular with regard to the scope of activities they can create themselves. The paid version offers extended functions. There is no entitlement to a specific range of functions.
2.3 The provider only provides the technical platform and does not itself become a contractual partner in the sporting activities or events organized between users.
2.4 The provider shall render the services in accordance with the current state of the art. It shall continuously develop the app and improve it through ongoing updates and upgrades. The app shall be available 98.5% of the time on average over the course of a year, including maintenance work, but availability shall not be impaired or interrupted for more than two consecutive calendar days. This does not include necessary regular maintenance work or periods during which availability is restricted due to events for which the provider is not responsible (e.g., force majeure, actions of third parties, technical problems, or changes in the legal situation).
3. Registration
3.1 Users can register in the app. Registration results in a free usage agreement between the provider and the user. The free usage agreement can be terminated at any time without notice.
3.2 The provider reserves the right to offer the app or certain functions of the app for a fee in the future. If this is the case, the provider will inform the user of the change at least one month before the planned change to the cost structure and grant the user a right to object to the change. If the user objects, the provider is entitled to an extraordinary right of termination at the time the change takes effect.
4. User obligations
4.1 The user is obliged to keep the data provided during registration up to date at all times and to refrain from violating these Terms and Conditions and applicable law. The user must ensure that their account is only used by themselves. They must treat their access data and the data they have stored as confidential and ensure that third parties do not have access to their data. If the user culpably violates this obligation, they are responsible for any damages resulting from this.
4.2 The user is obliged to use the app only for its intended purpose and to observe all contractual and legal regulations when using the app. Any use beyond the purpose of the usage relationship is prohibited. In particular, the user is not entitled to transfer the app or the storage space provided to a third party, either in part or in full, for use, whether for a fee or free of charge.
5. In-app purchases
5.1 The customer has the option of purchasing additional digital content and paid features within the app in the form of one-time purchases or subscriptions (so-called in-app purchases). The subject matter of the contract is the provision of the respective digital content or features.
5.2 Unless otherwise specified, the customer receives a simple, non-transferable right of use to the content within the app. The customer is not entitled to reproduce the content provided physically or electronically and/or to transfer copies to third parties. Subject to any agreements to the contrary, the content is provided exclusively for private use; commercial use without express permission is not permitted. The rights of use shall only be granted upon full payment of the remuneration owed.
5.3 The purchase shall be made exclusively via the respective app store using the user account stored there. Upon completion of the purchase process in the app store, the customer submits a binding offer. The contract is concluded as soon as the purchase is confirmed by the app store and the respective content or subscription is activated.
5.4 The provider does not store the text of the contract. The contract can only be concluded in German. The statutory warranty rights for digital products apply.
5.5 The contractual partner with regard to the digital content and functions offered is the provider. The respective app store handles payment processing and provides the technical infrastructure for the purchase. In addition, the respective terms of use and payment conditions of the app store operator apply.
6. Order processing
Insofar as the provider processes personal data of message recipients, it acts as a processor for the user within the meaning of Art. 28 GDPR. The order processing relationship is governed by the following paragraphs.
7. Support
Application or software problems will be handled by the provider as part of its support services. Support services should be requested via the designated communication channels or, if available, via the ticket system, so that they can be processed as quickly as possible. Support requests will generally be handled chronologically during regular business hours, in the order in which they are received by the provider.
8. Blocking and restricting content
8.1 No content may be stored in the app that is offensive, extremist, glorifies or trivializes violence, incites hatred, is right-wing extremist, discriminatory, anti-constitutional, harmful to minors, or pornographic, violates the rights of third parties (e.g., trademark and copyright law) or other applicable law or morality (in particular criminal law and administrative offense law), or contains malicious code or malware. If the provider becomes aware that inadmissible content within the meaning of this paragraph may be stored on the storage space provided within the app, it will proceed as follows:
• The provider will immediately conduct a cursory review of the content in question. If the cursory review reveals that inadmissible content cannot be ruled out, the provider may, at its own discretion, temporarily block it or take other measures appropriate to the risk situation, up to and including deletion of the content. The provider will ask users to comment and allow them a reasonable period of time to do so.
• Once the user's statement has been received, or if the user has not submitted a statement within the specified period, the provider will make a final decision on how to deal with the content in question. The following measures in particular may be considered: warning; indefinite blocking or permanent deletion of the content; temporary blocking of the user (alternatively, partial blocking may also be possible); ordinary or extraordinary termination of the contract; criminal charges or reporting to the public order office (if a criminal offense is suspected that may pose a danger to the life, limb, or safety of a person, the provider is legally obliged to report this).
• The provider will only take the respective measure after thorough and objective consideration, taking into account in particular the severity of the violation, the number of total violations, potential effects on the services provided by the provider, its users and other third parties, the overall behavior (e.g., ability to understand the violation), fault (intent, negligence), the motives for the violation (if recognizable), and the user's statement (if available).
• The provider will inform users about the assessment, its outcome, and the measures decided upon, provided that there are no legal reasons to the contrary.
• The provider will not proactively review the stored content and, unless otherwise specified, will not perform automated checks of the stored content. However, it will take action as soon as it becomes aware of such content itself or is notified of such content by third parties. If the user becomes aware of such content, they can of course contact the provider at any time; they can use the contact details in the legal notice for this purpose.