Terms and Conditions

This English version is a non-binding translation provided for convenience. The legally binding version of these Terms and Conditions is the German version, available at playmatchplan.com/de/terms-conditions. In the event of any discrepancy between the German and English versions, the German version prevails.

1. Preamble; Scope

1.1Matchplan GmbH (hereinafter "Matchplan") operates the mobile application "Matchplan" (hereinafter the "Matchplan App"), which is available via the Apple App Store and Google Play Store. The Matchplan App is a digital game offering in which users receive virtual cards featuring sports-related events and can assign them to specific upcoming football matches.

1.2By registering to open a user account (hereinafter "Account") via the Matchplan App, Matchplan and the user (hereinafter the "Parties") enter into a contract for the provision of the Matchplan App (hereinafter the "Usage Agreement"). These Terms and Conditions (hereinafter the "Terms") govern the use of the Matchplan App and all related services of Matchplan under the Usage Agreement. In the case of in-app purchases, the Parties may agree on individual services separately within the Matchplan App. Any supplementary specific provisions for individual services shall prevail over these Terms in the event of a conflict.

1.3The Matchplan App is downloaded via the Apple App Store or Google Play Store. The respective terms of use of the Apple App Store or Google Play Store, including their refund policies, apply to the download of the Matchplan App and the processing of any in-app purchases, as available in particular at https://www.apple.com/legal/internet-services/itunes/ and https://play.google.com/intl/en/about/play-terms/.

1.4The Matchplan App is intended exclusively for consumers within the meaning of Sec. 13 of the German Civil Code (BGB). Use for commercial or other business purposes is not permitted.

2. Registration; Account

2.1Use of the Matchplan App requires the creation of an Account. Registration is possible via email as well as via "Sign in with Apple" and "Sign in with Google".

2.2The user is obliged to provide truthful and complete information for all data collected upon conclusion of the contract or in connection with its performance. In the event of changes to this data after conclusion of the contract, the user must notify Matchplan of the changes without undue delay.

2.3Each user may maintain only one Account at a time. The Account is non-transferable. Allowing third parties to use the Account is not permitted. The user is obliged to keep their access credentials strictly confidential and not to disclose them to any third party.

2.4The user is obliged to inform Matchplan without undue delay if they become aware that their Account or access credentials are being used by unauthorized persons.

3. Functioning of the Matchplan App; Virtual Goods; In-App Purchases

3.1Matchplan provides access to the Matchplan App on an "as is" basis and in accordance with its current state of development. Matchplan continuously strives to offer users modern and user-friendly functionalities. The user has no claim to the unchanged existence of the design and functionalities of the Matchplan App, which may be subject to changes or updates during the term of the usage relationship. Reasonable changes include, in particular, changes that become necessary due to legal or regulatory requirements, that serve to adapt to the current state of technology, to security provisions or data protection provisions, in which service contents are replaced in whole or in part by equivalent or higher-value services and the agreed scope of services remains essentially unchanged.

3.2Use of the Matchplan App neither involves the use of real money nor offers a chance to obtain an economically realizable asset. All attainable benefits are exclusively of an in-game nature.

3.3As part of using the Matchplan App, in-game virtual items and progress values are made available to the user (hereinafter "Virtual Goods"). The purchase, sale, exchange or other transfer of Virtual Goods between users or to third parties, including via third-party marketplaces, is technically excluded and prohibited by Matchplan. A violation entitles Matchplan to immediately block the Account or terminate the agreement. The user acquires a non-transferable right to use Virtual Goods within the Matchplan App for the duration of the usage relationship.

3.4Conversion or payout of Virtual Goods into real money is neither technically possible nor permitted by Matchplan.

3.5Components of the Matchplan App, subject to any changes within the meaning of Sec. 3.1 of these Terms, include in particular:

• Cards: Cards represent various types of predictions about football events (e.g. match outcome, goalscorers or individual events). Each card has a certain value that is credited to the user as points if the prediction is correct. Cards may be usable only for a limited period and expire thereafter. There is no entitlement to specific cards or specific rarity levels.
• Packs: Users obtain cards by opening packs. Packs are offered in different variants, in particular of differing values and frequency. The content of a pack, including the cards contained as well as their value and usage period, is determined by a defined random mechanism, the probabilities of which Matchplan discloses prior to purchase in the respective pack detail within the App.
• Season Passes: Within the Matchplan App, the user receives passes with which they can unlock rewards within the Matchplan App in scenarios and periods defined by Matchplan. Using Store Points (see below), the user has the option to acquire Premium Passes. The Premium Pass can be acquired exclusively with Store Points. It is not a subscription, but a one-time in-app purchase.
• Store Points: Store Points are virtual points within the Matchplan App that users can earn through use of the Matchplan App (e.g. by participating in promotions) or acquire for a fee by way of in-app purchases. Store Points can be used within the Matchplan App to acquire Virtual Goods in the form of packs and Premium Passes. Store Points are account-bound and non-transferable. They cannot be converted into or exchanged for real money.

3.6In-app purchases within the Matchplan App relate exclusively to virtual Store Points. Supplementary terms pursuant to Sec. 1.3 of these Terms may apply.

4. Usage Rights and Grant of Rights

4.1Matchplan and its licensors hold all rights to the Matchplan App and its contents.

4.2Matchplan grants the user a non-exclusive, non-transferable and revocable right to access the Matchplan App for the duration of the Usage Agreement, including its functions and Virtual Goods, exclusively for private, non-commercial purposes.

4.3Matchplan reserves the right to revoke the license to access content of the Matchplan App at any time if Matchplan is legally obliged to do so or, for other equivalent reasons, deactivates access to individual content or the Matchplan App.

5. User Obligations

5.1The user must provide, at their own expense, the hardware, software and internet connection required to use the Matchplan App. Matchplan is not responsible for outages or other technical problems related to the use of third-party software.

5.2The user may access and use the Matchplan App only in a manner for which they have been granted the right of access and use, and as reasonably necessary for the purpose of the Usage Agreement.

5.3The user's use of the Matchplan App and other conduct must comply with applicable laws. The user is solely responsible for knowing and complying with the laws and regulations applicable to them.

5.4The user must always act in the interest of the proper operation of the Matchplan App. In particular, the user must refrain from the following:

• cheating, botting, hacking and the use of exploits or other means to improperly influence the game mechanics or any rankings;
• trading in or transferring Virtual Goods (e.g. cards, Store Points) or Accounts;
• excessively burdening the system infrastructure or otherwise disrupting or endangering the functioning of the Matchplan App, including disrupting other users;
• using crawlers, spiders, scrapers or other automated mechanisms to access the Matchplan App without Matchplan's express written consent;
• providing or using malware, viruses or other harmful programs;
• aggressive, insulting, racist or sexist behavior towards other users;
• reproducing, making publicly available, distributing, editing or otherwise using third-party content without the third party's prior consent in a manner that goes beyond the intended use of the Matchplan App;
• collecting or using information about other users without their prior consent;
• circumventing measures designed to prevent or restrict access to the Matchplan App.

5.5If a user violates these Terms or otherwise applicable laws or regulations, Matchplan may take appropriate and proportionate remedial measures. These may include, in particular, warning the user as well as blocking or terminating the Account.

6. Term; Termination

6.1The Usage Agreement for the provision and use of the Matchplan App via an Account is concluded for an indefinite period. The user may delete their Account at any time without giving reasons, via the function provided for this purpose within the Matchplan App.

6.2Insofar as the Matchplan App is provided to the user free of charge, Matchplan is additionally entitled to terminate the Usage Agreement at any time. In doing so, Matchplan will give appropriate consideration to the user's legitimate interests and observe a reasonable notice period.

6.3Matchplan is entitled to temporarily block the Account or to terminate the Usage Agreement extraordinarily without notice if the user violates material provisions of these Terms or applicable laws. Matchplan will inform the user of the block or termination, stating the reasons.

6.4The right of the Parties to terminate for good cause remains unaffected.

6.5Upon termination of the Usage Agreement, the user's usage rights to Virtual Goods expire. Statutory claims of the user with regard to Virtual Goods acquired for a fee remain unaffected. The respective terms of use of the Apple App Store or Google Play Store remain applicable.

7. Liability

7.1Insofar as the Matchplan App is provided free of charge, Matchplan's liability is limited to intent and gross negligence.

7.2Insofar as parts of the Matchplan App are provided for a fee, Matchplan is liable in cases of simple negligence only for damages arising from the breach of a material contractual obligation. A material contractual obligation is an obligation whose fulfillment is essential to the proper performance of the contract and on whose compliance the user regularly relies and may rely. In the event of a breach of a material contractual obligation, Matchplan's liability is limited to compensation for the foreseeable damage typically occurring at the time of conclusion of the contract.

7.3The above limitations of liability do not apply to damages arising from injury to life, body or health, or insofar as Matchplan has assumed a guarantee. They likewise do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) and applicable laws for the protection of personal data.

7.4The liability provisions also apply to the liability of the legal representatives, vicarious agents, bodies and employees of Matchplan.

7.5A user's claim for damages due to data loss is limited in amount to the damage that would have occurred even with proper data backup by the user.

8. Data Protection

8.1The applicable data protection regulations apply, in particular the GDPR and the German Federal Data Protection Act (BDSG). For information on the processing of personal data, please refer to Matchplan's privacy policy, available at playmatchplan.com/privacy-policy.

9. Amendments to the Terms

9.1Matchplan is entitled to amend these Terms during the term of the Usage Agreement in accordance with the following procedure, provided that the amendment is reasonable for the user, i.e. without significant legal or economic disadvantages taking into account the user's interests, and provided that there is an objective reason for the amendment. Such a reason exists in particular in the case of new technical developments or changes in the regulatory environment.

9.2Matchplan will inform the user of amendments to these Terms by email at least two weeks before the amendments take effect. In the email, Matchplan will inform the user of the material changes, their right to object, the objection period and the legal consequences of their silence. If the user does not object to the new Terms in text form within two weeks of receiving the email, the new Terms shall be deemed agreed between the Parties. If the user objects to the new Terms, the previous version remains applicable. In this case, Matchplan reserves the right to terminate the Usage Agreement in accordance with the generally applicable provisions.

9.3In the case of a continuous provision of digital products, Matchplan may also make changes to these digital products in order to improve the security, the user experience and the performance of the Matchplan App. No additional costs arise for the user as a result. Matchplan will inform the user clearly and comprehensibly about such a change.

9.4In the case of changes to digital products that impair the user's ability to access the digital product, or the usability of the digital product, to more than a merely insignificant extent, Matchplan will additionally inform the user, within a reasonable period before the time of the change and by means of a durable medium (e.g. by email), of the characteristics and the time of the change and of the user's right of termination described below. In the case of such changes, the user may terminate the contract free of charge within 30 days. The period begins upon receipt of the aforementioned information. If the change occurs after receipt of this information, the time of the change replaces the time of receipt of the information. The user's right of termination is excluded if the user retains the ability to access the unchanged digital product and the usability of the unchanged digital product without additional costs.

10. Final Provisions

10.1If one or more provisions of these Terms are inadmissible, invalid or unenforceable, this shall not affect the admissibility, validity or enforceability of the remaining provisions.

10.2Matchplan is entitled to transfer the Usage Agreement or the rights and obligations arising from it to a third party. In this case, Matchplan will grant the user the right to withdraw from the Usage Agreement by way of termination. If the user does not exercise their right of termination, all rights granted to Matchplan shall be deemed simultaneously granted to the respective legal successor.

10.3The law of the Federal Republic of Germany applies to the contractual relationship between Matchplan and the user. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer is domiciled additionally apply, insofar as they are more favorable to the consumer than the provisions of German law.

10.4Matchplan is neither obliged nor voluntarily willing to participate in a dispute resolution procedure before a consumer arbitration board.