Politique de confidentialité

Conditions d'utilisation

THIS TRANSLATION IS FOR YOUR INFORMATION ONLY! THE LEGALLY BINDING DOCUMENT IS THE ORIGINAL LICENSE AGREEMENT IN GERMAN

1. Applicability

1.1 In these terms, "SPORTMEO" refers to the company acting as the licensor (see Imprint). "Service," "Software," or "App" refers to the application/website provided by SPORTMEO for use and/or other service offerings provided by SPORTMEO. "User" refers to persons/customers of the licensee using the software.

1.2 These terms exclude all other business terms of the user, hereinafter referred to as the "Licensee."

2. Conclusion of Contract

2.1 The agreement between SPORTMEO and the Licensee is considered concluded once the Licensee has completed the in-app purchase via the App Store.

3. License

3.1 SPORTMEO grants the Licensee a non-exclusive right to use the service. This right of use comes into effect upon the conclusion of the agreement.

3.2 The right of use is non-transferable. The Licensee is prohibited from selling, renting, sublicensing, or making the usage rights available to third parties in any form or for any purpose whatsoever.

3.3 The scope of usage rights is determined by the respective description of the service at the time the agreement is concluded.

4. Duration of Usage Rights

4.1 The agreement is concluded for an indefinite period.

4.2 If the customer extends their usage license through an in-app purchase via the App Store to obtain additional functions, this is concluded for a period of 24 hours and does not automatically renew upon expiry.

5. Conformity

5.1 SPORTMEO's statements regarding performance, functionalities, colors, and the like are of an approximate nature only and do not entail any obligations.

5.2 Images, descriptions, and promotional materials are not binding for SPORTMEO.

6. Intellectual Property

6.1 All intellectual and industrial property rights related to the software and other services, and in this regard everything developed, produced, or provided by SPORTMEO, including program code, texts, designs, and images, fall under the ownership of SPORTMEO.

6.2 The Licensee is prohibited from removing or modifying any notices of trademarks, brand names, copyrights, or other intellectual or industrial property.

7. License Fees / Prices

7.1 The license fees and other prices or rates determined by SPORTMEO or agreed upon with SPORTMEO are inclusive of sales tax/VAT where applicable.

7.2 Regarding the payment of license fees and other owed amounts, the Licensee may not claim a set-off. The Licensee is prohibited from withholding payment of the license fee or other owed amounts due to a claim for potential improperly rendered services.

7.3 SPORTMEO reserves the right at any time to restrict the functionality of the software, for example by downgrading to a plan with fewer features, if payment of an owed amount is still outstanding 40 days after the invoice date.

7.4 The respective conditions at the time the contract is concluded apply (see 2.1).

8. SPORTMEO Services

8.1 SPORTMEO regularly performs maintenance work on its software to ensure secure network traffic, guarantee network integrity, interoperability of services, and data protection. For this purpose, SPORTMEO may temporarily shut down or limit the services, taking the Licensee's objections into account, insofar as objective reasons justify this process. SPORTMEO will perform such maintenance activities as far as possible during periods of low internet traffic. Should longer periods of temporary interruptions or restrictions of the services become necessary, SPORTMEO will inform the Licensee in advance about their nature, extent, and duration, insofar as this is objectively possible under the given circumstances and the notification does not lead to a further delay of the already occurred service interruptions.

8.2 The choice of technical infrastructure is at SPORTMEO's own discretion. SPORTMEO may replace the used infrastructure, backbones, third-party/provider services, as well as hardware and software at any time.

8.3 SPORTMEO reserves the right in any case and at any time to adapt the services and software.

8.4 SPORTMEO is free to send emails to the Licensee.

8.5 If the data transmitted by the Licensee should be incorrect, e.g., email address, name, or postal address of the Licensee, and SPORTMEO thereby becomes unable to contract the Licensee under the given data, SPORTMEO is entitled to delete the software and the associated data of the Licensee and its users without prior notice.

9. Obligations of the Licensee

9.1 The Licensee undertakes to communicate all data requested by SPORTMEO completely and truthfully and to inform SPORTMEO immediately about any changes.

9.2 SPORTMEO limits itself to sending information and messages intended for the Licensee that relate to the agreement and sends these to the email address provided by the Licensee. The Licensee undertakes to regularly read the messages received at this email address.

9.3 The Licensee undertakes to set up their systems and programs in such a way that the security, integrity, and availability of the systems that SPORTMEO provides for the delivery of its services are not negatively affected. SPORTMEO is free to block its services if systems deviate from their usual mode of operation or response and, as a result, the security, integrity, or availability of the SPORTMEO server systems are affected.

9.4 The Licensee must perform data backups of all data they send to SPORTMEO's servers on data media not located at SPORTMEO. In the event of data loss, the Licensee will transmit the relevant databases again to SPORTMEO's servers free of charge.

10. Code of Conduct

10.1 The Licensee is prohibited from using the services, the system, and/or the storage space for operations and/or actions that are in conflict with the applicable legal provisions or these terms of use. This includes, but is not limited to, the following operations and actions:

• Spamming: the sending of a large number of unsolicited emails with identical content. This includes spam sent from any other provider with a reference to a website, email address, or other service of SPORTMEO.
• An infringement of copyrighted works or other conduct that is in conflict with the intellectual property rights of third parties.
• Sexual harassment of persons and any other kind of harassment.
• Hacking: accessing other computers or computer systems on the internet without first obtaining permission to do so.
• Any other fraudulent behavior.

10.2 Should the Licensee violate one of these rules of conduct, or if there is a suspicion that the Licensee disregards these rules of conduct, SPORTMEO is free, at its own discretion, to deny the Licensee use of the services, to delete the affected websites, to block the mail servers, and/or to partially or entirely deny access to the services.

10.3 If it has been plausibly demonstrated that the rights of third parties are violated by the use of the service, the content of an internet presence, other data stored on SPORTMEO servers, or by the use of a domain itself, or if, based on objective evidence, it must be considered possible that legal provisions are violated by the domains or the content of internet presences, SPORTMEO may deny the Licensee use of the service or the corresponding internet pages for as long as the violation or a conflict between the Licensee and a third party regarding the violation continues.

10.4 Should the possible violation be the result of the internet address of the software used by the Licensee, e.g., "username.sportmeo.com," SPORTMEO may take further steps to make the internet address/subdomain inaccessible. In cases where the violation by a domain is confirmed by an objective burden of proof, SPORTMEO may terminate the agreement with immediate effect. No credit will be given for any payments made by the Licensee.

11. Exceptions and Force Majeure

11.1 The availability of the SPORTMEO servers and their connection to the internet (backbone) amounts to at least 98% per calendar year. However, hindrances or restrictions in provision may arise that are outside SPORTMEO's sphere of influence. If SPORTMEO is prevented from fulfilling the agreement as a result of these restrictions or hindrances or other forms of force majeure, SPORTMEO is entitled to suspend the implementation of the agreement. In such a case, the Licensee has no rights to compensation for damages, costs, or interest.

11.2 Restrictions, hindrances, or force majeure include the following: technical terms and conditions of the internet that are outside SPORTMEO's sphere of influence, hindrances due to hardware and software used by the Licensee or the infrastructures used by them, disruptions in the power supply, strikes, fires, accidents or illnesses of employees, natural disasters, denial of service attacks, unforeseen problems at SPORTMEO, and every other circumstance that is not based exclusively on the will of SPORTMEO.

12. Complaints and Warranty Claims

12.1 SPORTMEO guarantees the reliability of the service provided, which the Licensee expects in all reasonableness within the framework of the agreement. Should defects nevertheless occur in the service offered by SPORTMEO due to programming and/or design errors, SPORTMEO will eliminate them or have them eliminated or arrange for an appropriate price reduction, which is entirely at SPORTMEO's discretion.

12.2 Security defects of the Licensee's data stored on SPORTMEO's systems, defects due to actions of the Licensee themselves or other licensees or internet users due to changes in login procedures, account and/or email addresses, or other changes, are not subject to the warranty and are at the Licensee's risk.

12.3 The Licensee must immediately inspect the services provided or goods delivered after their activation or delivery, under risk of forfeiture of the right to complain and/or the warranty. The warranty period for business customers is 1 year.

12.4 Complaints do not override the Licensee's payment obligations for other services from SPORTMEO.

13. Billing

13.1 The license fee is invoiced at the start of use of the plan chosen by the Licensee in the respective period.

13.2 The Licensee makes payment of the fee within the App Store.

14. Advice

14.1 Any advice SPORTMEO provides and all notifications and evidence SPORTMEO makes available, such as, among other things, the characteristics of the services provided by SPORTMEO, are non-binding and are offered by SPORTMEO as such. SPORTMEO offers no guarantee herewith.

14.2 SPORTMEO is not liable, in whatever form, for direct or indirect damages that result for any reason from information and/or assistance provided by SPORTMEO. The Licensee indemnifies SPORTMEO against all claims by third parties, with the exception of proof of gross negligence on SPORTMEO's part.

15. Liability

15.1 SPORTMEO can never be held liable for damages resulting from disruptions to or the blocking of (access to) the service or the internet, non-material damages, consequential damages, losses due to stagnation, lost profits, and all other resulting damages or indirect damages arising for any reason, with the exception of proof of gross negligence or a willful act on SPORTMEO's part.

15.2 The Licensee indemnifies SPORTMEO against all claims by third parties regarding the implementation of the agreement by SPORTMEO.

16. Data Protection

16.1 SPORTMEO respects the privacy of the Licensee. SPORTMEO will process the Licensee's personal data in accordance with the applicable data protection legislation and the privacy policy, which can be viewed on SPORTMEO's website. The Licensee agrees to the processing of their personal data.

17. Final Provisions

17.1 All conflicts between SPORTMEO and the Licensee are subject exclusively to the jurisdiction of the legally competent court at SPORTMEO's registered office. Notwithstanding this, SPORTMEO is free to register the dispute at the court in the location of the Licensee's residence/place of business.

17.2 For all applicable agreements concluded by SPORTMEO, Cypriot law applies. The CISG does not apply.

17.3 Should a provision of this contract be or become invalid in whole or in part, or should the contract contain a regulatory gap, the legal validity of the remaining contractual provisions remains unaffected.

17.4 Changes or additions to this contract, the assurance of qualities, as well as warranties always require the written form to be effective.

Mentions légales

Ces mentions légales s'appliquent aux offres sous le domaine party-dj.ai, ainsi qu'à tous nos sites web et services qui renvoient à ces mentions légales.

Reg.-No.: HE 458710, VAT-ID: CY60057660H