Terms of Use for "bepro11"

1. Subject matter of these Terms of Use

These Terms of Use govern the contractual legal relations between Bepro Europe GmbH, Axel-Springer-Platz 3, 20355 Hamburg, contact@bepro11.com (together with its affiliates, subsequently "Bepro") and the user in the context of usage of the application "bepro11" (subsequently "you" or "user"), which is available as installed software on a mobile device or browser-based via the website of Bepro (the application subsequently "bepro11" or "app"). When concluding an agreement in connection with the sign-up or subscription under these Terms of Use, you will be contracting with Bepro.

The app is a tool providing video-based analysis and evaluation of football matches. Football clubs, football teams etc. (subsequently each a "team") that are in a contractual relationship with Bepro, players in a team can utilize such analyses or evaluations. Users can download and use the app.

The user is acting for business purposes (e.g. a team, staff member or a player in a team). In that case, the user’s permission (subsequently a "team permission") to use the app is covered by the agreement concluded between Bepro and his or her team (subsequently the "Team Contract").

The analyses are saved in a centralized digital location (subsequently "cloud").

The user is able to access different content, data or material in connection with video-based evaluations of football matches (subsequently "content") through the app’s different services and functions (subsequently "services").

2. Availability of the app

  1. Bepro makes the app available and enables users to sign up and use the app as described herein. The availability of the app is 99.8 % based on one (1) calendar year. Availability means that the material main functions of the app can be used without restrictions.
  1. Bepro enables access to the app in accordance with the current state of the art. In this context, it may happen that Bepro temporarily restricts or interrupts its services as long as necessary in order to eliminate technical faults or system failures as quickly as possible, in order to maintain the security and integrity of the technical equipment, or to take the technical measures necessary to provide appropriate or improved service (e.g. in cases of unforeseen technical problems such as disruptions in the power supply, hardware or software issues and issues with data lines). Bepro will inform the user in writing (email will be deemed sufficient) beforehand (where possible) and take all reasonable steps to re-establish accessibility of the services as fast as possible.

3. Conditions of app usage

  1. In order to use bepro11, the user needs IT equipment, which fulfills the current system and compatibility requirements for the relevant contents, as well as a working internet access and the compatible software:

    a. PC specifications

    • CPU: Dual core 3.10 GHz processor or greater
    • Memory: 8GB or greater
    • GPU: Intel Iris graphics 540 and AMD Nvidia 920MX or greater

    b. Internet speed

    • 10 megabits per second (Mbps) or greater

    c. Operating System

    • PC: Windows 10 20H2 and macOS Big Sur or later
    • Mobile: iOS 14 and Android 11 or later
    • Web Browser: Google Chrome version 87.0.4280.141 or later
  1. Usage of the app’s functions is only possible if users provide the demanded information within the app to Bepro.

4. Sign up in the app

  1. Usage of the app requires signing up.
  1. In order to sign up, the user needs to enter his or her email address or mobile number as user id, a password, his or her first and last name as well as his or her nationality. A user only can continue singing up after the email address or the mobile number has been verified (double opt-in).
  1. In a next step, the user will be asked to approve the Terms of Use, will have the chance to rectify mistakes made in the previous step of the sign-up process and will be asked to click on the "Next" button (offer to conclude a contract).
  1. Alternatively, users are able to sign up using their Apple or Facebook account by approving the Terms of Use and clicking "Login with Facebook" or "Sign in with Apple" (offer to conclude a contract), logging into their Apple or Facebook account and approving the forwarding of personal data saved by Appel or Facebook.
  1. If Bepro accepts the sign-up of a user, Bepro will send an email or SMS to confirm the conclusion of the contract (conclusion of the contract).
  1. A right to registration is not warranted.
  1. Users are required to keep personal data (submitted in the sign up process or through Facebook or Apple sign up) up-to-date. If personal data of active users changes (= from sign-up to termination of the agreement with Bepro), they are required to change personal details in their settings immediately. If changing the personal data within the settings is not possible, users have to submit their changed data in written form to Bepro (email will be deemed sufficient).

5. Scope of license and allowed usage

  1. Bepro grants users a revocable, non-exclusive and non-transferable right of use of the app and its services and contents, limited to the purposes described in these Terms of Use worldwide, but limited by the duration of the agreement to use the app (subsequently "license").
  1. Other than the previously explicitly granted license, no other rights are granted. In particular the right to use the app or services for commercial purposes other than the ones explicitly listed herein is not granted.
  1. A user’s right of use is limited to access to the app, as well as to use the app’s services within the limits of the Terms of Use at hand. Within the services of the app, users have the right to
    • save, retrieve, manage and review video sequences of football matches provided and analysed by Bepro and access analyses, statistics and other generated data (subsequently "team content").
    • submit content to Bepro via the app, post the content in the app, create a user profile, link data, content and functions with the app, or share specific content of the cloud with other users via the "Share" function (subsequently "user content").
  1. Prerequisite for access to unlimited team content is that users join their team within the app. Bepro may verify if a particular player or staff member is part of the joined team. As long as Bepro doesn’t grant users access after having joined their respective team, they don’t have a right to claim access to team content. To limited extent all users can access specific team content, such as team profiles.
  1. Bepro reserves the right to change and amend services provided by the app, offer new services, discontinue services or add new versions, upgrades or updates at any time.

6. Obligations of users

  1. Users are obligated to keep their user id, as well as their password, respectively their Facebook or Apple login data (subsequently uniformly "login data") confidential and are not allowed to share their access to the app with third parties. In case of loss of login data or a related suspicion, users are obligated to report such instances immediately via email to contact@bepro11.com.
  1. Users are liable for all activities, such as misuse, which are committed using their user account, respectively their login data. This does not apply in case users aren’t responsible for these activities.
  1. Usage of bepro11 in ways that obstruct the user experience of other users or that endanger the functionality of the app is prohibited. This includes particularly operations that circumvent the security measures of bepro11 or bother other users. Users shall refrain from any action suitable for disrupting smooth operation of the app or its connected systems, particularly burdening the app or its connected systems excessively. Users shall ensure that there is no malware (e.g. computer viruses, Trojan horses, etc.) on their devices that could lead to damages or impairment of the hard- and/or software of Bepro and/or the teams and/or users connected through the app. The same applies to third-party software, including special encryption software of the user, which could have comparable impact.
  1. Users are obligated to use the app only for purposes that don’t violate these Terms of Use at hand, applicable law or third-party rights. Users are not allowed to grant access to any content to any third party regardless of the method, included without limitation by forwarding login data, sending pdf match reports, downloading and/or sharing content.
  1. Users are obligated to defend and indemnify Bepro against all damages of all kinds (including adequate legal costs and third-party claims), as long as (a) damages occurred through violation of these Terms of Use at hand, applicable law or third-party rights; (b) damages occurred through user submitted content or (c) damages occurred through user activities. This indemnity clause doesn’t apply in case users are not responsible for the specific violation.

7. User submitted content and functions

  1. Users are responsible for their submitted content (including sharing of user content).
  1. Users grant Bepro the non-exclusive, unlimited, gratuitous, non-revocable, transferable and worldwide applicable right to use their submitted content for commercial and non-commercial purposes, to save it, to edit it, to reproduce it, to publish it and forward it to others (as long as it is necessary for the execution of processes in the context of app usage). This right remains in place after the termination of the user agreement. Besides the special rights granted to Bepro in this paragraph, users keep all their rights in their user submitted content.
  1. Users shall ensure that they have sole ownership of all rights to their user submitted content or are authorized in other ways (such as an effective license of the rights holder) to publish it or link it in the app and grant rights according to paragraph (2).
  1. Bepro reserves the right to decline user content and/or edit, disable or delete already published or linked user content without prior announcement, as long as publishing or linking through the user, or published or linked user content itself violates contractual or legal clauses or if there is concrete evidence that there will be severe violations of such clauses in the future.
  1. Bepro is not obligated to monitor user content or to actively research cases that indicate unlawful activity. Possible obligations to remove or block content usage, that arise through general laws remain unaffected.
  1. Bepro emphasizes that user activity may be monitored in the legally permitted scope. If necessary this could include recording IP-connection data, as well as evaluation of such data in cases of concrete signs of violation against the Terms of Use at hand and/or concrete signs of other unlawful actions or crimes.
  1. Insofar as they are each applicable, §§ 31a, 32, 32a, 32c, 32d, 32e and 40a of the German Copyright Act shall remain unaffected by this.

8. Intellectual property rights

Bepro keeps all rights of the information and content (videos, software, evaluations, statistics, all graphic materials and logos among other things), in particular team content, provided by Bepro via bepro11. Without prior written consent of Bepro, users are not allowed to copy, download, publish, distribute, copy or utilize information and content from bepro11 in any way or form other than allowed hereunder. The usage rights granted in this Terms of Use remain unaffected.

9. Liability

  1. Bepro is liable for damages of the client, which were caused by Bepro, its legal representatives or their vicarious agents and that

    a) are based on deliberate acts or gross negligence,

    b) are based on culpable damages against life, body or health or

    c) were caused by culpable violations of obligations, that endangered the fulfilment of the contract purpose, as well as obligations necessary to enable orderly fulfilment of the contract and compliance users may rely on regularly (cardinal obligation); in this case the liability under this paragraph 1 (c) is limited to the predictable contract-typical damages.

    Legal limitations of liability in context of gratuitous services of Bepro (such as limitations of liability on intent and gross negligence in accordance to § 599 BGB) remain unaffected.

  1. Liability according to product liability law or for users’ damages, that are based on violations against an issued guarantee of Bepro remain unaffected.
  1. In cases differing from the ones listed in paragraphs 1 and 2, liability of Bepro is excluded.

10. Contract modifications

User’s approval to changes of the Terms of Use at hand, which don’t considerably impair the equivalence ratio to the detriment of the users, which are to amend the contractual relationship between the user and Bepro for the future and which Bepro supplied 30 calendar days before the suggested effective date of the changes in written form (email notification shall be deemed sufficient), is effectively granted, if the refusal is not reported before the suggested effective date of the changes. Bepro will particularly emphasize this assumption of consent in the absence of objection to users in their proposed change offer. As of receipt of the notification users will have 30 calendar days to refuse applicability of the changes and terminate the agreement with Bepro with effect to the end of the contractual month without incurring any costs. The previous version of the Terms of Use shall apply after such termination for the remaining part of the term. The changes in the Terms of Use will be binding for those users who have not made use of their termination right within the respective 30 calendar days. The most current version of these Terms of Use will be available in the app.

11. Final clauses

  1. The laws of Germany apply with the exemption of its provisions concerning conflict of laws. Consumers within the European Union may also be subject to the law of their respective place of residence if this is mandatory consumer law.
  1. As long as the client is a merchant, a legal entity of public law or special assets under public law, place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Hamburg.
  1. We would like to point out that besides the legal recourse the option of extrajudicial settlement according to decree (EU) no. 524/2013 exists. Details can be found in decree (EU) no. 524/2013 and on the web page: http://ec.europa.eu/consumers/odr. Our email address is: contact@bepro11.com. We would like to point out that according to § 36 VSBG we are neither willing nor obligated to attend an extrajudicial dispute settlement procedure before a consumer arbitration board.