Terms of Service

Binding version

ClubApp is registered in Germany. The German AGB are the legally binding version. The English text below is provided for convenience.

§ 1 Scope

(1) These terms apply to all contracts between ClubApp and the Customer concerning the provision and use of the ClubApp platform and related services.

(2) ClubApp's services are addressed exclusively to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Consumers within the meaning of § 13 BGB are not contracting parties.

(3) Any deviating terms of the Customer shall not become part of the contract unless ClubApp expressly agrees in writing.

§ 2 Conclusion of contract

(1) The presentation of services on the ClubApp website does not constitute a binding offer but rather an invitation to submit an offer.

(2) By submitting a demo or contract request, the Customer makes an offer to enter into a contract. ClubApp accepts this offer through express confirmation in text form or by making the platform available.

(3) The contract language is German.

§ 3 Services

(1) ClubApp provides the Customer with the ClubApp platform as Software-as-a-Service (SaaS) for the duration of the contract. The scope of features is defined by the current service description.

(2) ClubApp may further develop the platform and adjust features, provided that the contractual purpose is not materially impaired.

(3) Maintenance windows are announced outside main business hours where possible. ClubApp targets an availability of 99.9 % on a yearly average, measured outside announced maintenance windows.

§ 4 Fees and payment

(1) The monthly fee is EUR 99.00 net per venue per month, plus the applicable statutory value added tax. Individually agreed additional services are billed separately.

(2) Invoicing is monthly in advance. Invoices are payable within 14 days of the invoice date without deduction.

(3) In the event of payment default, ClubApp may charge interest at the statutory rate and, after an unsuccessful reminder, suspend access to the platform.

§ 5 Term and termination

(1) The contract begins on the day of go-live at the Customer's first venue ("Go-Live"). The minimum contract term is three months from Go-Live.

(2) After the minimum term, the contract may be terminated by either party in text form with one month's notice to the end of the month.

(3) The right to terminate for cause remains unaffected.

(4) After contract end, ClubApp will, upon request, provide the Customer within 30 days with an export of master data in a common format. The data is then deleted in accordance with statutory retention requirements.

§ 6 Data protection

(1) The parties undertake to comply with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Insofar as ClubApp processes personal data of the Customer on behalf of the Customer in the course of providing services, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.

(2) The current ClubApp privacy policy applies in all other respects.

§ 7 Liability

(1) ClubApp is liable without limitation for intent and gross negligence as well as under the German Product Liability Act. For slight negligence, ClubApp is only liable in the event of a breach of material contractual obligations (cardinal duties); in such cases, liability is limited to the foreseeable damage typical for the contract.

(2) Liability for lost profits, indirect damage, and consequential damage is excluded in the case of slight negligence to the extent permitted by law.

(3) The limitations of liability do not apply to injuries to life, body, or health.

§ 8 Final provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Berlin, provided that the Customer is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a regulation that comes closest to the economic intent.

(4) Amendments and additions to these terms must be in text form.