Terms of use

1. scope of application

1.1  Diese Nutzungsbedingungen gelten für die Nutzung der App "Prematch", der PREMATCH Sports GmbH, Brüsseler Straße 21, 50674 Köln.

1.2 These Terms of Use do not affect the relationship of the users with a different platform operator if the corresponding app has been distributed via this (e.g. app store). However, they shall apply in addition to the respective provisions of the respective platform operator.

2. registration and login

2.1 Most parts of the Prematch app can be used without registration. The user relationship between the user and Prematch is established by downloading the app and the associated acceptance of the general terms of use. In some cases, the origin of the download is tracked during the first use in order to analyze acquisition campaigns.

2.2 Registration is required for the use of some additional functions. In this case, the extended user relationship between the user and Prematch is established by the proper completion of the registration process. The proper completion of the registration process includes, in particular, the truthful provision of all required data. Prematch reserves the right to check the data before activation and to activate it separately. After Prematch has checked the data, users will receive a confirmation email with an activation link. With the activation of the account, the free use comes into effect.

2.3 The access code and password must be treated confidentially, protected from access by unauthorised third parties and not passed on to third parties.

3. performance specification

3.1 Prematch generally provides its app to users free of charge. Prematch reserves the right to impose restrictions, conditions and the discontinuation of the service without giving reasons and without notifying the users. In principle, there is no legal claim to use, activation or participation in the Prematch app.

3.2 There is no claim against Prematch for the availability of the service. Prematch will endeavour to offer the services for retrieval without interruption as far as possible. However, even with all due care, impairments of the service cannot be ruled out. Due to maintenance work and/or further development of the services, usage options may be limited and/or temporarily interrupted. In individual cases, it cannot be ruled out that users may lose their entries.

3.3 The operation of the Prematch App requires the use of commonly used and up-to-date technologies to operate the website, web app or mobile app. The functionality of the app can only be used to its full extent if the users also use these technologies and enable their use through the app. The use of older or non-common technologies may prevent or limit the use of the app.

3.4 Prematch reserves the right to change, amend, remove or discontinue the information and services provided in the Prematch App in its entirety at any time and without notice.

3.5 Prematch does not guarantee the accuracy and completeness of the content in the Prematch app. Prematch does not check the posted content in advance, but only after it has been made aware of discrepancies or legal violations.

3.6 Prematch calculates a notional market value for all players:in the adult sector (unless they have expressly objected to this). The determination of the market values is based on various publicly available parameters (if known):

• In a first step, a base value is formed on the basis of the current league level of the players. The higher the league, the higher the base value. This base value is then adjusted on the basis of the historical divisions in which the players were active in the last seasons. 
• In a second step, the performance data of the team (goals, goals against, fair play rating) as well as the position and age of the players are taken into account. This is based on the consideration that, for example, a young player has greater development potential than an older player and his market value should therefore be higher, all other parameters being equal.     
• In a third step, individual performance data from the last ten matches of the players is included in the evaluation. For all players, it is taken into account whether they were in the squad, in the starting eleven, how long they played and whether they led the team onto the field as captain. In addition, the performance data included differs according to the position: for goalkeepers, the goals conceded by the team are included, whereas for strikers, the goals scored are included in the market value. 

3.7 Prematch does not claim or warrant the accuracy or realism of the market values provided. Prematch also does not guarantee the accuracy of the data displayed in the app. In addition, Prematch does not check the posted content in advance, but only after being made aware of discrepancies or legal violations.

3.8 In addition, users can claim their player profiles for themselves and adjust certain data, such as their position, shirt number and team affiliation. Errors in the data may occur as a result of this and also as a result of abusive actions by third parties. Within the scope of his access rights, each user can correct errors in his data himself or inform Prematch about the incorrectness of certain data in his own profile. If the data is proven to be incorrect, Prematch will correct the data immediately. There are no further claims against Prematch.

3.9 Prematch reserves the right to log the use of the Prematch App for the purpose of monitoring compliance with the provisions of this Agreement and for any troubleshooting.

4. obligations of the users

4.1 The user warrants that all information provided to Prematch during registration is complete and truthful. The user undertakes to notify Prematch of any changes without delay. The user is granted the rights to use the Prematch app and the free functions.

4.2 The user acknowledges that as the owner of an account, he/she is fully responsible for all activities carried out through it by him/her or by unauthorised third parties.

4.3 Users are obliged to comply with the Terms of Use, in particular the Netiquette (clause 5 of this User Agreement) at all times when using the portals or apps.

4.4 In some apps or portals it is possible to upload pictures and other content. The users assure Prematch that they have the necessary rights to the content they upload to the portal or app. They grant Prematch the non-exclusive, irrevocable, transferable and sub-licensable right, unlimited in time, space and content, to use the posted content in full or in excerpts. The right to use the posted content also extends to the publication of the posted content on other portals and appearances of Prematch (e.g. on the official social media accounts).

4.5 As a user, you undertake to check your content, contributions and topics before publishing them to see whether they contain information that you do not wish to publish. Your content, contributions and topics may be entered in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against Prematch is excluded.

4.6 The users indemnify Prematch against all claims of third parties that are based on an illegal use of the information, services and data provided or with its approval, or that arise in particular from data protection law, copyright law, art copyright law or other legal disputes that are connected with the use of the portal or the app. If the users become aware that there is or is suspected to be an unauthorised use of the account or any other violation of the terms and conditions formulated here, they shall inform Prematch immediately.

5. netiquette

A friendly and respectful atmosphere shall prevail on Prematch. The Prematch app must not be misused. Abusive content may be deleted. In particular, the following are inadmissible

• knowingly and intentionally entering false data;
• the entry of data that is contrary to or does not fulfil the purpose of the app (this includes, in particular, content that is not related to the sport of football);
• making interventions in the app for which the user is not authorised; this also includes automated procedures for tapping data, such as data crawling and data scraping, as well as the use of mechanisms, software or scripts for this purpose;
• Attempts to circumvent or break through security measures, for example by scanning or testing user account passwords;
• the violation of regional, national or international law;
• Insulting, harassing, threatening or causing financial, physical or psychological harm, abuse or danger to another user or any other person or entity through the App;
• the posting of illegal or immoral content as well as content. This includes discrimination, harassment or insults, whether based on gender, ethnic origin, skin colour, religion, age, disability or sexual orientation, content that incites hatred, incites criminal offences or glorifies or trivialises violence, is sexually offensive or pornographic or is otherwise likely to endanger children or young people or impair their well-being;
• the posting of legally protected content (in particular copyright, trademark, personal rights) without the user having the necessary rights;
• the unsolicited sending of any kind of advertising material to other users or their posting on the portals or apps, except for elements of the service exclusively intended for these purposes and explicitly marked as such;

6. measures in case of infringements, abuse regulation

6.1 Prematch can punish repeated or serious violations of the terms of use at its discretion by temporarily or permanently blocking the user's account. Prematch also reserves the right to terminate the user relationship with the user and to delete the account.

6.2 If the user's account has been unjustly blocked by Prematch, the user can lodge a complaint within one month. After this period, the account will not be released again.

6.2 A breach of the Terms of Use may also trigger claims for damages or have criminal consequences.

7. rights of use

7.1 The Prematch App may contain, among other things, content protected by copyright and/or trademark law. Users are not granted any rights of use to the protected content. Users are only permitted to use the Prematch app or its content for commercial purposes if Prematch has expressly agreed to this use.

7.2 In the case of app use, the users receive, with their agreement to the terms of use, an unlimited, revocable, simple, non-transferable right to use the app for the purposes pursued by the app. Users are not granted any exploitation rights. They may make copies of the app in the context of data backups. No further rights to the app are granted.

8 Liability of the users

8.1 Users shall be liable for all breaches of these Terms of Use and the contractual obligations assumed therein, for breaches of statutory provisions and for any claims resulting therefrom, insofar as the User is responsible for such breaches.

8.2 Users shall be liable in particular for damage caused by the unauthorised use of the service by a third party with his/her access code/password.

8.3 The users undertake to indemnify Prematch against claims of third parties arising from violations of these Terms of Use by the user.

9. liability of Prematch

9.1 Since the services are provided free of charge, liability for material defects and defects of title is excluded except in the case of intent or fraudulent intent. In all other respects, the statutory provisions shall apply.

9.2 The offers may contain hyperlinks to third-party websites. Prematch does not assume any responsibility for the content of these websites nor does Prematch adopt these websites and their content as its own.

9.3 Prematch is liable without limitation in the case of intent or gross negligence for all damages caused by Prematch and its legal representatives or vicarious agents. In the case of slight negligence, Prematch is also liable without limitation in the case of injury to life, body or health. Otherwise, Prematch is only liable if it has violated an essential contractual obligation (cardinal obligation) to which the user would have been entitled. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage.

10. data protection

Within the framework of the contractual relationship, personal data of the users are processed in order to be able to guarantee the fulfilment and implementation. Detailed information on data processing can be found in the data protection information https://www.prematchapp.de/datenschutz.

11 Duration, termination of the user relationship

11.1 Users may terminate the user relationship at any time without giving reasons. Termination is effected by deleting the account in the respective settings. After deletion of the account, data can usually not be restored. Users' content is not affected by the deletion of the account, but it is automatically anonymised.

11.2 Prematch can terminate the user relationship at any time with two weeks' notice. The user will be informed of this in a reasonable manner (e.g. by e-mail or push message).

11.3 The right to terminate without notice for good cause remains unaffected. This applies in particular in the event that the user violates the rules of use for the app and/or other obligations incumbent upon him/her significantly and/or persistently and/or repeatedly. In the event that Prematch terminates the user relationship with the user, Prematch reserves the right to inform the responsible association to which the user belongs of the blocking and/or termination and the reasons for it.

11.4 Prematch reserves the right to delete inactive profiles and the associated data after one year.

12. amendment of the terms of use

12.1 Prematch reserves the right to change these Terms of Use, provided that the change to the Terms of Use is reasonable for the users, taking into account the interests of Prematch.

12.2 Prematch will announce changes to the Terms of Use at least two weeks before they come into force in a manner that is reasonable for the user (e.g. by e-mail or push message).

12.3 If the user does not agree with the change to the terms of use, he/she has the right to terminate this agreement at any time with immediate effect. The change to the terms of use for the use of the app is deemed to have been approved if the user continues to use the service after the expiry of two weeks. Prematch will point this out when announcing the change.

13. final provisions

13.1 Prematch is entitled to transfer the rights and obligations arising from this agreement to third parties. Prematch will inform the users of this in a reasonable manner (e.g. by email or push message).

13.2 The law of the Federal Republic of Germany shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which they have their habitual residence. The application of UN sales law and international private law is excluded.

13.3 Should individual provisions of this agreement be or become invalid, the respective provision shall be replaced by a valid formulation which most closely fulfils the intended purpose. The validity of this contractual agreement as a whole shall remain unaffected.

13.4 The European Commission's online dispute resolution platform is available at: http://ec.europa.eu/consumers/odr. Prematch is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.