Terms and Conditions

Preamble

devletics UG (limited liability), Weintrautstraße 30, 35039 Marburg, operates an online platform “EINFACH KICKEN” via mobile app and on its websites.

With EINFACH KICKEN, users can, among other things, share costs for football events with other users. A user books an offer within or outside the platform, the costs of which they share with other users through online payment. Key features include cost sharing, online payment, participant overview, as well as direct access to and native integration with the EINFACH KICKEN football community.

In addition, various services in the field of football can be searched, booked, and paid for online via the EINFACH KICKEN platform.

Definitions

Platform: The EINFACH KICKEN websites as well as the EINFACH KICKEN application for Android and iOS.
User: Persons, especially consumers, who have registered with EINFACH KICKEN as well as simple visitors of the mobile app of “EINFACH KICKEN” and the websites operated by “devletics”.
devletics: devletics UG, owner and operator of the EINFACH KICKEN platform and the EINFACH KICKEN brand.
Offer: A football activity that can be a coaching, kick, course offer, tournament, etc.
Organizer: A user who organizes a football activity and shares the costs with other users via online payment on the platform.
Participant: Users who participate in a football event and transfer their share of the costs to the user who booked it.

1. Scope. These terms and conditions govern the legal relationships between devletics and the user, including the obligations of the organizer towards the participant. These terms and conditions also apply to future transactions, even if not explicitly referenced in individual cases. The current version of the terms and conditions at the time of contract conclusion or future transactions applies.

2. Changes. devletics reserves the right to make changes to these terms and conditions unilaterally by digital notification (without signature). The changes become effective six weeks after notification and apply to all matters between devletics and the user, unless the user objects in writing via email to info@einfachkicken.com within this period. In the event of an objection or failure to notify, the previous terms and conditions remain valid for ongoing contracts.

3. Priority, Interpretation. The legal relationship between devletics and the user is governed by the following legal bases: 1. Mandatory law, 2. These terms and conditions. In case of contradictions between these legal bases, the higher-priority legal basis takes precedence over the subordinate ones.

Cost Sharing, Cancellation, Compensation

4. Cost Sharing. The organizer creates an offer for the distribution of costs for a football activity. Participants can join this offer by assuming their share of the costs. The organizer is not allowed to pursue profit-making intentions with the cost-sharing function. The organizer is encouraged to transparently present the costs for the offered football activity in the event description so that participants can understand how the amount to be paid is calculated.

5. Platform Fee. As consideration for the use of the platform, a platform fee is charged at the time of booking. If this is incurred, the user will be informed in advance that the platform fee will be incurred. The platform fee can be calculated based on various factors, especially the cost contribution that the user pays for participating in the offer and the location of the game, and usually amounts to 10%. The applicable methods for calculating the platform fee are for information purposes only and have no contractual value. devletics reserves the right to change the methods for calculating the platform fee at any time. These changes do not affect the platform fee that the user has accepted before the date these changes take effect.

6. Rounding of the Platform Fee. The platform reserves the right to adjust the booking fee at its discretion to offset the increased overall costs for providing the platform. Any price changes will take effect no earlier than 30 days after notification by devletics and will apply from the next billing period.

7. Payment. The payment of the amount by the participant to the organizer who booked the offer is made via the platform to the user’s linked Stripe account. Other payment methods are not permitted.

8. Payout and Balance. The user’s balance is automatically paid out monthly at the end of the month to the bank account linked to the user’s Stripe account. To process any refunds, the balance is held for at least 24 hours after the user’s performance has been completed.

9. Cancellation.

a) Cancellations by participants are free of charge up to 48 hours before the start of the offer. If canceled within 48 hours before the start of the offer, the full cost contribution will be retained.
b) Cancellations of the offer by the organizer are free of charge. Participants will receive their amount refunded.

Rights

10. Data Protection. Personal data of the user is processed in accordance with the privacy policy. The privacy policy is available at https://www.einfachkicken.com/privacy.

11. Reviews. The organizer irrevocably agrees that the reviews of their offer by participants will be displayed on the EINFACH KICKEN platform. There is no claim to the display of all reviews. In particular, devletics reserves the right not to publish reviews suspected of manipulation and to disregard them when calculating the average rating.

12. Violations. The platform reserves the right to temporarily or permanently exclude the user from participating in events for violating the terms and conditions, for suspicious activities, or for unsportsmanlike behavior at the event.

Miscellaneous

13. Relationship between Organizer and Participant. The agreement regarding the respective offer booked via the EINFACH KICKEN platform is concluded exclusively between the participant and the organizer. The sole responsibility for compliance with the relevant laws lies with the organizer. devletics' role is limited to providing a means for cost-sharing between users. devletics is in no way liable for the behavior of the participant in utilizing the offer. It is solely the organizer's responsibility to assert all claims from the offer against the participant. The organizer releases devletics from all claims of the participant due to any breaches of duty by the organizer and assumes the necessary and reasonable costs of legal defense and makes reasonable payments if the participant nevertheless asserts claims against devletics instead of the organizer.

14. System Failure. The user has no claim to compensation in the event of platform disruptions.

15. Changes to the Terms and Conditions. The platform reserves the right to change these terms and conditions at any time. Users will be informed of changes at least 30 days before they take effect. Continued use of the offer after this period expires constitutes acceptance of the changed terms and conditions.

Final Provisions

16. Prohibition of Assignment of Claims. The transfer of claims and other rights against devletics is not permitted.

17. Prohibition of Unilateral Set-off. The user is only entitled to set off unilaterally if their claim has been acknowledged or legally determined.

18. Delivery of Declarations. Declarations are deemed delivered when sent to the last known address or email address.

19. Applicable Law, Jurisdiction. Only German law applies, excluding the conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The jurisdiction for all disputes arising from the contractual relationship, future contracts, or other claims between devletics and the user is the local and competent court in 35039 Marburg.

20. Severability Clause. If any provisions of this contract are or become invalid or unenforceable in whole or in part, or if this contract contains gaps, the validity of the remaining provisions of this contract shall not be affected. In place of the invalid, unenforceable, or missing provision, a valid and enforceable provision shall be deemed to have been agreed between the contracting parties with retrospective effect that the contracting parties would have agreed upon considering the economic purpose of this contract if they had been aware of the invalidity, unenforceability, or absence of the respective provision at the time of concluding this contract. The contracting parties are obliged to confirm such a provision in the intended form.