Data Privacy at SPORTMEO
Data protection declarationUnless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The person responsible for data processing is: see Imprint below
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
Orders
Rights of persons affected and storage duration
Terms of Use
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 apply to all SPORTMEO offers and all agreements entered into with SPORTMEO.
1.3 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 submits all required data during the online registration on sportmeo.com or in the "SPORTMEO" app.
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.
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 a minimum period of 24 months and will automatically renew for another 24 months unless SPORTMEO or the licensee terminates it at least 3 months before the end of the term.
4.2 Termination of the agreement must be made in written form.
4.3 After termination or the end of the license agreement, the licensee shall refrain from any direct or indirect use of the licensed services and is obliged to delete all data provided by SPORTMEO from all applications in their possession within two business days.
4.4 For optionally ordered SSL certificates, a minimum contract period of 24 months applies, with an automatic renewal for another 24 months unless terminated in writing at least 3 months before the end of the current contract period.
5. Compliance
5.1 SPORTMEO’s statements regarding performance, functionalities, colors, and the like are of an approximate nature only and do not create binding obligations.
5.2 Images, descriptions, and promotional materials are not binding for SPORTMEO.
5.3 If the website provided by SPORTMEO is intended for use outside Cyprus or targets audiences outside Cyprus, the licensee must ensure that the website/app, its content, and usage comply with all relevant regulations of the respective country. Compliance with the legal provisions is the responsibility of the licensee. SPORTMEO is indemnified against any third-party claims.
6. Intellectual Property
6.1 All intellectual and industrial property rights related to the software and other services, including program code, texts, designs, and images developed, produced, or provided by SPORTMEO, are owned by SPORTMEO.
6.2 The licensee is prohibited from removing or modifying any trademarks, copyrights, or other intellectual or industrial property notices.
7. License Fees / Prices
7.1 The license fees and other prices or rates determined by SPORTMEO or agreed upon with SPORTMEO are exclusive of VAT at the current rate of 19%.
7.2 The licensee may not claim a set-off regarding the payment of license fees or other amounts owed. The licensee is prohibited from withholding payment of license fees or other owed amounts due to potential claims related to improperly rendered services.
7.3 SPORTMEO reserves the right to limit the software’s functionality, for example, by downgrading to a plan with fewer features, if payment of any owed amount is still outstanding 40 days after the invoice date.
7.4 For plans offered with a 30-day trial, these 30 days are not charged. If the licensee does not switch to a free plan before the end of the trial period, the software plan will automatically downgrade to the free plan, which may result in feature limitations.
7.5 Once a licensee completes a free trial, the software cannot be tested again for free. Additionally, only one SPORTMEO instance in the free plan is allowed per licensee.
7.6 Switching to a higher/more expensive plan before the current usage period ends is only possible after consulting with SPORTMEO and signing a new agreement.
8. SPORTMEO Services
8.1 SPORTMEO regularly conducts maintenance on its software to ensure secure network traffic, network integrity, service interoperability, and data protection. To this end, SPORTMEO may temporarily disable or limit services, considering the licensee's objections, if justified by objective reasons. Such maintenance activities are performed, as far as possible, during low-traffic periods. SPORTMEO will inform the licensee in advance about the nature, extent, and duration of longer interruptions or restrictions, provided that doing so is objectively possible under the circumstances and does not lead to further delays in service restoration.
8.2 The choice of technical infrastructure is at SPORTMEO's sole discretion. SPORTMEO may replace infrastructure, backbones, third-party/provider services, hardware, and software at any time.
8.3 SPORTMEO reserves the right to modify its services and software at any time.
8.4 Regarding email traffic, SPORTMEO reserves the right to limit the volume of outgoing messages if it negatively affects software stability and, consequently, other licensees.
8.5 SPORTMEO is free to send emails to licensees and, within the software's functionality, to their users as well.
8.6 If the licensee’s submitted data, such as email address, name, or postal address, is incorrect, preventing SPORTMEO from contacting the licensee, SPORTMEO may delete the software and associated data without notice. This also applies to the free plan if the software has not been used for 24 months, such as through a login by the licensee or their users.
9. Obligations of the Licensee
9.1 The licensee is obliged to provide all required data completely and truthfully and to promptly inform SPORTMEO of any changes.
9.2 SPORTMEO limits its communication with the licensee to information and messages related to the agreement, sent to the email address provided by the licensee. The licensee is obliged to regularly check messages received at this email address.
9.3 The licensee must configure their systems and programs to avoid negatively impacting the security, integrity, or availability of systems SPORTMEO uses to deliver its services. SPORTMEO may suspend its services if the licensee’s systems deviate from normal operation and compromise the security, integrity, or availability of SPORTMEO’s server systems.
9.4 The licensee must back up all data sent to SPORTMEO servers on non-SPORTMEO storage devices. In the event of data loss, the licensee shall re-upload the relevant data free of charge.
10. Code of Conduct
10.1 The licensee is prohibited from using the services, systems, and/or storage space for operations and/or actions that conflict with applicable laws or these terms of use. This includes, but is not limited to:
- Spamming: Sending large volumes of unsolicited emails with identical content, including spam from other providers referencing SPORTMEO’s website, email address, or other services.
- Violating copyrighted works or other behavior that infringes third-party intellectual property rights.
- Sexual harassment and any other form of harassment.
- Hacking: Accessing other computers or computer systems on the internet without prior permission.
- Any other fraudulent behavior.
10.2 If the licensee violates or is suspected of violating these rules, SPORTMEO may deny service usage, delete the affected websites, block mail servers, or restrict or deny service access entirely at its discretion.
10.3 If there is plausible evidence that third-party rights are violated through the service, website content, or domain usage, SPORTMEO may deny service usage or website access until the conflict is resolved. SPORTMEO may also take steps to render subdomains inaccessible.
10.4 If a domain is involved in a proven violation, SPORTMEO may terminate the agreement with immediate effect without crediting any payments made by the licensee.
11. Exceptions and Force Majeure
11.1 SPORTMEO guarantees a minimum availability of 98% of its services within the annual period. Temporary interruptions or limitations due to maintenance work or force majeure, such as natural disasters, strikes, or government actions, are excluded from this guarantee.
11.2 SPORTMEO is not liable for delays, performance restrictions, or disruptions caused by circumstances beyond its control.
11.3 In the event of force majeure, both parties are released from their contractual obligations for the duration and scope of the disruption.
11.4 If the event of force majeure lasts longer than three months, both parties are entitled to terminate the agreement without further notice.
12. Liability and Indemnity
12.1 SPORTMEO is only liable for damages caused by gross negligence or willful misconduct. Liability for indirect damages, consequential damages, or loss of profit is excluded.
12.2 The licensee indemnifies SPORTMEO against all third-party claims arising from the licensee’s breach of these terms, applicable laws, or third-party rights.
12.3 SPORTMEO is not responsible for the content of websites, data, or other material provided by the licensee or third parties through SPORTMEO's services.
13. Changes to Terms and Conditions
13.1 SPORTMEO reserves the right to modify these terms and conditions at any time. Modifications will be communicated to the licensee at least 30 days before they take effect.
13.2 If the licensee does not object to the changes within 14 days after receiving notification, the changes are deemed accepted.
13.3 In case of objection, SPORTMEO reserves the right to terminate the agreement.
14. Final Provisions
14.1 If any provision of these terms is or becomes invalid, the remaining provisions remain unaffected.
14.2 The invalid provision will be replaced by a valid provision that comes as close as possible to the original intent.
14.3 Cypriot law applies, and the place of jurisdiction is Nicosia, Cyprus.
Imprint
This imprint applies to the SPORTMEO offers under the domain sportmeo.com, as well as to all websites and services of SPORTMEO that link to this imprint.
SPORTMEO Ltd.Block B-204, Megalou Alexandrou 20-22, CY-8820 Polis | support@sportmeo.com, Tel. +357 95 96 88 71
Reg.-No.: HE 458710, VAT-ID: CY60057660H
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr. We do not participate in dispute resolution proceedings before a consumer arbitration board.