GENERAL TERMS AND CONDITIONS

§ 1 Scope and Provider

(1) These General Terms and Conditions (hereinafter "Terms") apply to the use of the SaaS platform Matchday.design (hereinafter the "Platform" or the "Service"), which is provided by:

Lukas Musebrink
Krückenweg 61
44227 Dortmund
Email: support@matchday.design
(hereinafter the "Provider")

(2) The Platform is aimed primarily at grassroots football clubs and their members (hereinafter the "User" or the "Customer"). The Platform is an offer to businesses within the meaning of § 14 BGB and to clubs. Any terms and conditions of the Customer that deviate from these Terms do not form part of the contract unless the Provider expressly agrees to their application in writing.

(3) The Terms in the version valid at the time the contract is concluded apply.

§ 2 Description of Services

(1) The Provider makes available to the Customer, via the internet, a SaaS platform for creating social media graphics (in particular Instagram posts and stories) for grassroots football. The Platform includes, among other things, template design, automatic image generation, squad management, match management and AI-assisted caption/text functions.

(2) The specific scope of services depends on the plan selected (FREE or PRO) and the current product description on the Platform. The Provider reserves the right to further develop and adapt the range of functions or to discontinue individual functions.

(3) No particular availability is guaranteed. The Provider endeavours to achieve an average availability of 99% on an annual basis, excluding scheduled maintenance periods. Maintenance work will, where reasonable, be scheduled for periods of low traffic.

§ 3 Conclusion of Contract and Registration

(1) Use of the Platform requires registration of an account and the creation of a club organisation. The Customer warrants that the information provided during registration is truthful and complete.

(2) By submitting the registration form and confirming these Terms and the Privacy Policy, the Customer makes a binding offer to conclude a usage contract. The contract is concluded when the Provider activates access, of which the Customer is informed by email; if the Provider reviews access beforehand (§ 4 para. 5), the contract is concluded upon activation following that review. A paid PRO subscription is concluded upon completion of the order process (clicking the button for the order involving an obligation to pay).

(3) The Provider does not store the contract text permanently, and it is no longer accessible via the account after the contract has been concluded. The version of these Terms currently in force can be viewed at any time at matchday.design/terms. The Customer is asked to print out the contract text or save it locally if required.

(4) Before submitting, the Customer can check and correct entries at any time using the input fields or the browser's back function. The contract language is German; translations of these Terms are for information purposes only.

(5) The Customer is responsible for keeping their access credentials secret and protecting them from access by third parties. The Customer must inform the Provider without delay if they have indications that their access credentials have become known to third parties.

§ 4 Plans, Prices, Payment Terms

(1) The Platform is offered in a paid premium plan ("PRO"). Customers who have been granted the free basic plan ("FREE") may continue to use it; instead of FREE, the Provider may offer new customers a free trial period under para. 5. The prices and scope of services applicable from time to time are set out in the price overview on the Platform (/pricing).

(2) The PRO plan is billed as a monthly or annual subscription. Payment is made via the payment service provider Stripe. The invoice amount is due at the beginning of the respective billing period.

(3) The Provider is a small business within the meaning of § 19 UStG and does not charge value added tax; the prices stated are final prices. If the small business regime ceases to apply, prices for consumers (§ 13 BGB) will be inclusive of, and prices for businesses (§ 14 BGB) and clubs exclusive of, statutory value added tax.

(4) The Provider may adjust prices for future billing periods. The Provider will announce an increase in text form at least 30 days before the start of the billing period from which it is to apply; the Customer may cancel the subscription up to that point. For consumers, a price increase only takes effect with their express consent; if the consumer does not consent, the subscription ends at the end of the current billing period.

(5) Trial period: New accounts are reviewed by the Provider before activation; there is no entitlement to activation. From activation, the Customer can use the PRO plan free of charge for 5 days. The trial period ends automatically without a paid subscription arising; no cancellation is necessary for this. If the Customer does not take out a PRO subscription by the end of the trial period, access is blocked. The Customer's data is retained during the block and is available again after a subscription is taken out; blocked accounts without a subscription may be deleted after 6 months (§ 5 para. 6 applies accordingly).

§ 5 Term and Termination

(1) The contract for the free FREE plan is concluded for an indefinite period and may be terminated by either party at any time without giving reasons.

(2) The PRO plan has the minimum term stated in the order process (1 month for monthly billing or 12 months for annual billing). It renews automatically for the same period unless terminated with 14 days' notice to the end of the term. If the Customer is a consumer, an annual subscription renews after the first term for an indefinite period and can then be terminated at any time with one month's notice (§ 309 No. 9 BGB); amounts paid in advance for the period after the end of the contract are refunded pro rata.

(3) Termination can be declared via the account settings, via the cancellation page matchday.design/kuendigen (also without logging in, § 312k BGB) or by email to support@matchday.design. The Provider confirms receipt of the termination by email.

(4) The right of both parties to extraordinary termination for good cause remains unaffected.

(5) Free FREE accounts that have not been used for more than 6 months (no login to the dashboard) may be deleted by the Provider without prior notice. The Provider endeavours to inform the Customer by email at least 14 days before deletion. The date of the last login to the dashboard is decisive.

(6) After termination of the contract, the Customer's data remains stored for 30 days and can be exported (GDPR Art. 20). It is then permanently deleted, unless statutory retention periods preclude this.

(7) Generated posts (including the associated image and video files) are deleted automatically 6 months after their creation, and matches including line-up and highlights 6 months after kick-off. The deletion date is shown to the Customer in the application for the relevant post or match; downloading is possible at any time until then. Club and player master data, templates, media library and sponsors are not affected.

§ 6 Right of Withdrawal for Consumers

If the Customer is, exceptionally, a consumer within the meaning of § 13 BGB, they have a statutory right of withdrawal in accordance with the following provisions:

§ 7 Customer Obligations

(1) The Customer is obliged to use the Platform only within the framework of statutory provisions. In particular, the Customer must not post any content that violates statutory prohibitions, public morals or the rights of third parties (in particular copyright, trade mark, personality and data protection rights).

(2) The Customer bears sole responsibility for the content they upload and use (e.g. logos, player images, sponsor logos). The Customer warrants that they hold all necessary rights and, in particular, have obtained the data protection prerequisites (where applicable, consents under GDPR Art. 6/9) for the use of player images.

(3) The Customer is responsible for regularly backing up their content.

(4) The Customer shall indemnify the Provider against claims by third parties asserted against the Provider on the basis of the content posted by the Customer or its use, insofar as the Customer is responsible for the infringement; this includes the reasonable costs of legal defence.

(5) AI-assisted functions (e.g. texts, recognition of line-ups and results from photos, image editing) provide suggestions that may be incorrect. The Customer checks them before publication; for published content, the Customer remains responsible under para. 2.

(6) Content that third parties consider unlawful – in particular on public club pages – can be reported by email to support@matchday.design; the report should include the exact location (URL) and a statement of reasons (Art. 16 DSA). The Provider reviews reports promptly, diligently and without automated decision-making, and informs the reporting party of the outcome.

(7) The Provider may block or remove content that is unlawful or violates para. 1 and restrict access to public club pages. The Provider will inform the Customer of the measure and its reasons (Art. 17 DSA); the Customer may object to it by email, and the Provider will review the matter again. In the case of repeated manifestly unlawful content, the Provider may temporarily suspend access after prior warning (Art. 23 DSA).

§ 8 Rights of Use

(1) For the term of the contract, the Provider grants the Customer a non-exclusive, non-transferable, simple right of use of the Platform and the results generated with it (in particular generated graphics).

(2) In the FREE plan, all generated graphics contain a visible "MATCHDAY.DESIGN" watermark. Removing, altering, covering, obscuring or otherwise circumventing this watermark – including with the help of image editing or AI tools – is prohibited. A breach constitutes a material breach of contract and entitles the Provider to block the affected account with immediate effect and to terminate the contract extraordinarily for good cause (§ 5 para. 4). In the PRO plan, the watermark is not applied.

(3) The Customer may use the generated graphics for their own club purposes (in particular social media, club communication). Resale or commercial licensing to third parties is not permitted.

(4) The right to use the Platform ends upon termination of the contract. Graphics and videos that the Customer created and downloaded during the term may continue to be used by the Customer within the scope of para. 3 without time limit.

(5) If the Provider designs individual templates for the Customer, the Provider may show these designs as a reference in its own channels, in particular on the Instagram channel of Matchday.design and its website. The Customer's right to use the designs themselves (para. 3) remains unaffected. What is shown is the design, club name and club logo; player photos and player names only with the Customer's separate consent. The Customer may object to this at any time, during onboarding or informally by email to support@matchday.design. After an objection, the Provider will show no further designs of the Customer and will remove posts already published, insofar as this is possible for the Provider.

(6) In respect of the content that the Customer uploads (e.g. logos, photos, fonts), the Customer grants the Provider, for the duration of the contract, the simple right to store and process it and to reproduce it in the graphics created by the Customer and – at the Customer's instigation – on public club pages, insofar as this is necessary for the provision of the Service.

§ 9 Data Protection and Data Processing on Behalf

(1) The Provider processes the Customer's personal data in accordance with the Privacy Policy and the GDPR.

(2) Insofar as the Customer processes personal data of third parties in the course of using the Platform (in particular player data), the Customer is the controller within the meaning of Art. 4 No. 7 GDPR. In this respect, the Provider acts as a processor within the meaning of Art. 28 GDPR. The Data Processing Agreement applies to this, which the Customer concludes when creating the organisation.

§ 10 Liability

(1) The Provider is liable without limitation for intent and gross negligence and for injury to life, body or health.

(2) In cases of slight negligence, the Provider is liable only for breach of essential contractual obligations (cardinal obligations), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

(3) For services provided free of charge (FREE plan, trial period), the Provider is liable – without prejudice to paras. 1 and 5 – only for intent and gross negligence.

(4) In the event of data loss caused by slight negligence, liability is limited to the effort that would have been required for recovery had the Customer regularly backed up their data (§ 7 para. 3).

(5) Liability under the Produkthaftungsgesetz (German Product Liability Act), under an assumed guarantee and for fraudulently concealed defects remains unaffected.

(6) The limitations of liability also apply in favour of the Provider's statutory representatives and vicarious agents.

§ 11 Changes to these Terms

(1) The Provider is entitled to amend these Terms with effect for the future where this is necessary for compelling reasons, in particular due to a change in the legal situation, a change in the range of services or to eliminate disruptions to the contractual balance. Changes to the main performance obligations and to prices are not made under this procedure; for prices, § 4 para. 4 applies.

(2) Changes will be announced to the Customer in text form (e.g. by email or in-app notification) at least six weeks before they are due to take effect. If the Customer does not object within six weeks of receipt of the notification of changes, the amended terms are deemed accepted. The Customer will be specifically informed in the notification of changes that silence will be deemed consent.

(3) If the Customer objects in due time, the Provider may terminate the contract extraordinarily as of the time the change takes effect.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the Customer has their habitual residence remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Dortmund.

(3) Should individual provisions of these Terms be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision is replaced by the statutory provision.

(4) Individual agreements take precedence over these Terms (§ 305b BGB).