Licence terms for videocoach.

These Licence Terms apply to the temporary provision of the desktop software videocoach by sportimization GmbH, Rüninger Weg 22a, 38124 Braunschweig, Germany (hereinafter the “Licensor”), to the customer (hereinafter the “Licensee”).

Where an order is processed through Paddle, the Paddle entity specified in the Paddle Buyer Terms acts as the authorised reseller and Merchant of Record. The purchase contract for the Transaction is concluded between the Licensee and Paddle. Paddle is responsible in particular for payment processing, taxes, invoicing, payment-related customer support, cancellations and refunds. sportimization GmbH remains the supplier and Licensor of the software. The Paddle Buyer Terms and Paddle Refund Policy additionally apply to the Transaction.

A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their trade, business or profession.

Individual agreements, the order or purchase confirmation and the specific offer shall take precedence over these Licence Terms. In relation to entrepreneurs, conflicting or supplementary terms and conditions of the Licensee shall apply only if the Licensor has expressly agreed to their application. Mandatory statutory rights, in particular those of consumers, shall remain unaffected.

Product presentations on the Licensor's websites do not constitute a binding contractual offer. For a direct order, the Licensee submits a binding offer to the Licensor. For an order processed through Paddle, conclusion of the contract for the Transaction is governed by the terms displayed at checkout and the Paddle Buyer Terms.

For a direct order, the Licensor may accept the offer within five business days by electronically sending the invoice and the activation code(s) to the specified email address. If the invoice and activation code(s) are sent in separate messages, the contract shall be concluded upon receipt of the first of these messages. A separate order confirmation is not required.

If, for a direct order, the invoice or any other declaration of acceptance differs in substance from the order, it shall constitute a new offer by the Licensor. The Licensor shall clearly draw the Licensee's attention to the deviations before acceptance. The contract shall not be concluded until the Licensee expressly accepts the modified offer, pays the invoice with knowledge of the deviations or uses the activation code after receiving a corresponding clear notice.

The Licensor provides the software by download and provides the activation code electronically. The product description displayed before the order, the accepted order and the applicable order confirmation determine the version, scope of functions, term, price, supported operating systems and other technical requirements. For Paddle orders, the Transaction details displayed in Paddle Checkout also apply. Advertising or other product information shall form part of the contract only to the extent provided by law.

For consumers, the order or contract confirmation from the respective seller on a durable medium also serves as the contract confirmation. For direct orders, the Licensor provides the contract content, these Licence Terms, the cancellation policy including the model cancellation form and any other information required by law, unless already provided on a durable medium. For Paddle orders, Paddle provides the Transaction confirmation and the terms applicable to the Transaction. This does not replace any separate consumer declarations required by law.

videocoach is intended for marking, categorising and evaluating scenes from sports videos and – where provided for in the purchased version – exporting such scenes. The scope of functions owed is governed by Clause 2 paragraph 4. A particular function, compatibility or characteristic is owed only if specified there or if it may be expected under mandatory statutory provisions.

The Licensee is responsible for a compatible digital environment, in particular suitable hardware, a supported operating system, the necessary access rights and an adequate internet connection for download, activation and licence verification. Before conclusion of the contract, the Licensor shall clearly and comprehensibly inform consumers of the technical requirements and of any cooperation required when examining the digital environment.

Documentation is not provided in paper form. Electronic usage information and tutorial videos are available at https://www.sportimization.com/en/tutorials/. Installation, setup, training and individual adaptations are owed only if expressly agreed.

General technical support is offered during the term of the contract through the published contact channels at no additional charge. Specific response, recovery or availability times are owed only if expressly agreed.

A free trial version may be limited in time and functionality. No documentation, functional adaptations or support services are owed for the trial version unless expressly stated otherwise. Mandatory statutory rights and liability under Clause 11 shall remain unaffected.

For the agreed contractual term, the Licensor grants the Licensee a simple, non-exclusive, worldwide and non-transferable right to install the purchased version of videocoach on one device per licence purchased and to use it as intended on no more than one device at any one time. In the case of entrepreneurs, employees and other persons working for the Licensee may use the software for the Licensee's purposes on the licensed device.

The Licensee may make the copies technically necessary for installation, loading, running and contractual use as well as one necessary backup copy. The Licensee may change devices if the software is deactivated or removed from the previous device; any technically necessary reactivation remains reserved.

Without the Licensor's prior consent, the Licensee may in particular not rent out, lend, sublicense, make publicly available or permanently transfer the software to third parties. Circumvention of effective technical protection or licensing measures is prohibited.

Acts mandatorily permitted by law shall remain unaffected. This applies in particular to the rights to make a necessary backup copy, to observe, study or test the program and to decompile it for the purpose of achieving interoperability under the conditions of Sections 69d and 69e of the German Copyright Act (UrhG).

Where the software contains third-party components or open-source software, the licence texts and notices supplied with the software for those components shall take precedence. These Licence Terms do not restrict any rights that must be granted to the Licensee under such third-party terms.

During the contractual term, the Licensor shall provide the updates necessary to maintain conformity with the contract, including security updates, and shall inform the Licensee of them. The Licensee should install provided updates within a reasonable period. Statutory consequences of omitted or improper installation shall arise only if the applicable statutory requirements are met.

Further developments, new functions or new product versions offered separately are owed only if expressly agreed.

In the case of continuous provision during the contractual term, the Licensor may modify the software beyond necessary updates if there is a valid reason for doing so, the consumer incurs no additional costs and the statutory information requirements are observed. Valid reasons include, in particular, adaptation to amended legal provisions, security requirements, technical environments or interfaces, prevention of misuse, protection of third-party rights and improvement of stability, usability or performance. The modification must not unreasonably alter the contractual balance to the Licensee's detriment.

If a modification impairs a consumer's access to or use of the software to more than an insignificant extent, the Licensor shall inform the consumer on a durable medium, within a reasonable period before the modification, of the characteristics and date of the modification and of the consumer's rights. The consumer's statutory rights, in particular the right to terminate the contract free of charge under Section 327r of the German Civil Code (BGB), shall remain unaffected.

The software transmits the licence, device and connection data required for licence verification to a licence server in encrypted form. This takes place upon activation and at reasonable intervals during the contractual term. Without successful licence verification, use may be restricted or terminated after the licence expires. Details of the categories of data, purposes, legal bases, recipients, storage periods and data subject rights are set out in the privacy notices made available upon conclusion of the contract and in the software. Consent under data protection law shall be obtained only where processing actually requires consent.

Video, audio, analysis and project data processed by the Licensee in the desktop software are generally stored locally in the Licensee's digital environment. Such content data shall be transmitted only if the Licensee uses a correspondingly described function or if this has been agreed separately.

The Licensee is responsible for holding the necessary rights to the images, audio and other content processed with the software and, when processing such content, for complying in particular with copyright, personality and data protection rights. The Licensor shall not acquire any rights of use in such content unless this is technically necessary for a service initiated by the Licensee or has been agreed separately.

Not every media format, codec variant or combination of hardware and software can be supported. The compatibility information provided before conclusion of the contract shall be decisive. Mandatory statutory requirements shall remain unaffected.

The Licensee is responsible for regular and verified backups of content, projects and other data that are appropriate to the required level of protection. Before the end of the contract, the Licensee must back up or export any data required thereafter in an available format. The Licensor does not owe storage or restoration of locally stored data.

For direct orders, the remuneration is determined by the accepted offer or the invoice. Unless otherwise agreed, it is due in advance and without deduction upon receipt of a proper invoice. For Paddle orders, the total price, currency, taxes, due date and payment method are shown in Paddle Checkout and the order confirmation. Payment is collected and invoiced exclusively by Paddle as Merchant of Record. Total prices shown to consumers include applicable taxes.

Unless the product description, offer or Paddle Checkout states a different term or automatic renewal, the contractual term is twelve months from provision of the activation code and then ends automatically. Where a subscription with automatic renewal is expressly offered, the billing period, renewal, price and ordinary cancellation terms are shown at checkout and in the order confirmation. Paddle subscriptions can be cancelled through the Paddle buyer portal linked in the confirmation email. Either party's right to terminate for good cause remains unaffected.

After the end of the contract, the Licensee may no longer use the software and must delete installed program copies and backup copies that are no longer required. This does not apply to contract documents subject to statutory retention requirements, third-party licence texts or the Licensee's own content and exported work results.

Consumers generally have a statutory right of cancellation in distance contracts. For direct orders placed with sportimization GmbH, the cancellation policy and model cancellation form set out after these Licence Terms apply.

For orders processed through Paddle, cancellations, statutory withdrawals and refunds are governed by the Paddle Buyer Terms and Paddle Refund Policy. Requests must be submitted through Paddle buyer support at https://paddle.net. Paddle reviews and processes these requests as Merchant of Record and issues approved refunds to the original payment method. sportimization GmbH does not make direct repayments to buyers for Paddle Transactions. Mandatory statutory rights and any additional rights expressly granted by sportimization GmbH remain unaffected.

Where digital content not supplied on a tangible medium is to be provided before the end of the cancellation period, the right of cancellation expires only where the statutory requirements are met. In particular, the consumer must have expressly consented to early performance, acknowledged that the right of cancellation will thereby expire, and received the proper contract confirmation. The required declarations are obtained separately during the applicable order process.

In relation to consumers, the statutory provisions governing digital products, in particular Sections 327 et seq. of the German Civil Code (BGB), apply to the provision of the software. In the event of a defect and subject to the statutory requirements, the consumer may in particular demand that conformity be restored, terminate the contract or reduce the price, and claim damages or reimbursement of futile expenses. Statutory rules governing updates, limitation periods and the burden of proof shall remain unaffected.

In relation to entrepreneurs, statutory remedies for defects shall apply unless otherwise validly agreed in the individual contract. The Licensee should describe a defect as specifically as possible and provide the information required to reproduce it, insofar as this is reasonable and permissible under data protection law. Remedies for defects shall not be excluded solely because a particular form of notification or a fixed notification period was not observed.

No claims shall exist to the extent that an impairment is caused exclusively by use contrary to the contract, an unauthorised modification, an incompatible digital environment or improper installation of a provided update and the Licensor is not responsible for it under the statutory provisions.

The Licensor shall have unlimited liability for intent and gross negligence, for culpable injury to life, limb or health, under the German Product Liability Act, within the scope of a guarantee given, for fraudulent concealment of a defect and in all other cases of mandatory statutory liability.

In the event of a slightly negligent breach of a material contractual obligation, liability shall be limited to the damage typical for the contract that was foreseeable at the time the contract was concluded. A material contractual obligation is an obligation whose performance is essential to the proper execution of the contract and on whose observance the Licensee may regularly rely. In all other respects, liability for slight negligence is excluded.

In the event of data loss caused by slight negligence, liability shall additionally be limited to the restoration costs that would have been incurred even if regular and verified backups appropriate to the required level of protection had been made. The limitations of liability shall apply accordingly for the benefit of the Licensor's legal representatives, employees and vicarious agents.

The Licensor may temporarily suspend access to the licence or terminate the contract for good cause if the Licensee materially or repeatedly breaches these Licence Terms. Where the breach can be remedied, the Licensor shall first set a reasonable period for remedy. No prior period for remedy is required where it is not required by law or would be unreasonable due to the severity of the breach, in particular in the case of a current security attack or an intentional infringement of intellectual property rights.

The suspension shall be limited to the extent and duration necessary. The Licensee's statutory rights and the Licensor's liability in the event of an unjustified suspension shall remain unaffected.

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. In relation to consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.

If the Licensee is a merchant, a legal entity under public law or a special fund under public law, Braunschweig shall be the exclusive place of jurisdiction. Mandatory statutory places of jurisdiction shall remain unaffected.

Amendments and supplements to individual agreements and legally relevant declarations may be made at least in text form unless the law requires a stricter form. Individual agreements shall remain unaffected.

If any provision of these Licence Terms is or becomes invalid in whole or in part, the remaining provisions shall remain effective. The statutory provisions shall take the place of the invalid provision. This does not constitute an agreement to preserve an invalid provision by reducing its scope or to replace it automatically with a provision that most closely achieves its economic purpose.

sportimization GmbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.