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Terms and Conditions - Brand


Status: 24. September 2020

1. Preamble

1.1 Servsport is a platform which enables legal entity/company ordering Servsport Services (“Brands“) to get into contact with professional athletes (“Athlete” or “Athletes”) in order to do joint marketing campaigns (“Influencer Services”). The Athletes can be discovered by Brands, create and manage campaigns together with Brands, create and publish content and may receive remuneration from and via Servsport. The Brand and the Athlete agree on the content (including texts, images, graphics, etc.) of the Influencer Services (“Post Content”) and the Medium (e.g. single Instagram-Post, Story or video) provided by an Athlete. The use of the Influencer Services via Servsport.com, the app.servsport (hereinafter also “App”) and any relationship between the involved Parties hereinafter is called “Servsport Services”. Servsport will only charge a Commission Fee of 20% to the Athlete rather than the Brand (“Commission Fee”). The Athletes are independent and are under no circumstances subject to any instructions from Servsport. The business relationship between Athlete and Servsport is governed by separate terms and conditions (“Terms and Condition for Athletes”).

1.2 Subject matter of the following Terms and Condition is to provide a framework for the ordering of Influencer Services by Brand from Servsport and the provision of such services by Athlete to Servsport. By signing up to www.servsport.com and also when rendering Influencer Services via the Servsport website www.servsport.com , the Brand agrees to be bound by the following Terms and Condition. 

1.3 These Terms and Conditions constitute the framework for the purchase of Influencer Services by Servsport. Obligations to provide Influencer Services or pay remuneration for such are not established by these Terms and Conditions itself, but only upon conclusion of a single contract by virtue of Accepted Documents (as defined below).

2. Registration

2.1
For Brands it is free to register and open a Servsport Account. To do this the Brand have to register via www.servsport.com and add the key facts about the Brand (name of the Brand, name of the contact person, business address, e-mail, Instagram-Account of the Brand, concluded sponsorship contracts, phone number, billing information & price per asset). The Brand Account is not transferable.

2.2 Please notify us immediately at support@servsport.com if you discover that your password or Servsport Account has been used without authorisation. Servsport shall not accept any liability for losses or damage arising as a result of the User failing to meet this obligation or failing to meet it in good time.

3. Conclusion of contracts and contractual relationships via servsport.com

3.1
In order to conclude and fulfill a contract via the Servsport platform, the following steps are necessary:

- The Athletes have to register via www.servsport.com, add the key facts about them (name, date of birth, address, e-mail, Instagram-Account, concluded sponsorship contracts, phone number, billing information & price per asset) and accept these Terms and Conditions. The latest version of these Terms and Conditions as well as other important information can be found at www.servsport.com/legal
- As a first step, Brand shall fill in a document which gives general and individual information about the Brand’s campaign plan, including the campaign story, mentions, etc. („Brief”) as part of the registration or placing of an order from Brand. Brand will fill out a Brief which contains, among others, information on the Brand, the image requirements, hashtags, mentions, Campaign Material (which the Athlete has to use and is provided by the Brand), campaign goals, usage rights with regard to the Influencer Services rendered (usage rights may not be exclusive and/or indefinite) and Start Date/End Date (“Brand Brief”).The Brand Brief will be mailed together with the relevant facts (duration and amount of the campaign, compensation for each post) by Servsport to Athletes sent through via a push notification from the App (“Request”). 
- Athletes can accept this Request by clicking the ‘Accept’-Button.
- After this acceptance of the Athlete, the Briefs, the Request and these Terms and Conditions will be considered the Accepted Document (“Accepted Document”). 
- The details of the Accepted Document as well as the remuneration payable by Servsport to Athlete can be accessed via the Athlete Account on app.servsport.
- The respective Accepted Document is deemed to be fulfilled, on the day the Athlete delivers the Post and after the Athlete makes the respective URL/Link to the Post available to Brand/Servsport via app.servsport or the Campaign Material is published. 

3.2 The Athlete will not be part of the contract concluded between Servsport and Brand. Direct negotiations on contractual conditions or future business relations between the Athlete and Brand are prohibited as long as and to the extent that Servsport does not expressly agree (text form is sufficient). Brand may only legally bind Servsport insofar as the Servsport platform is used and the above outlined processes as well as the regulations of these Terms and Conditions are upheld. The Athletes are independent and are under no circumstances subject to any instructions from Servsport. Additionally, the Brand is obliged to pay the remuneration for the Post Content to Servsport. 

4. Servsport Services and Obligations

4.1
Servsport is responsible for providing app.servsport (including its functionalities) and accounting services. Additionally, Servsport provides Brands with access to the Brand Account (including provision of login data) and the technical functionalities which enables the Brand to draft and access the Accepted Document. 

4.2 The Brand is aware that the Servsport website www.servsport.com or parts of the website may occasionally be temporarily unavailable due to maintenance or other technical reasons. 

4.3 Servsport makes every effort to control the Post Content and to avoid any infringement, but under no circumstances can Servsport be held directly or indirectly responsible for the Post Content. Servsport is not obliged to but will generally review the Posts (including compliance with applicable law). Please be aware that it is not possible for Servsport to delete the Post Content directly or to take care of it. Servsport will, however, promptly endeavor to remove the Post or any portion thereof (including the advertised product/service) that violates any applicable law, third party right or such Post is not in line with the respective Accepted Document or with Brand’s internal rules on advertising (if such rules were made available to Athlete in the course of the drafting of the Accepting Documents). 

5. Brands Responsibility and Obligations

5.1
The Brand will be fully liable for Campaign and Brand Material. Unless otherwise agreed, all Materials provided by the Brand will not be returned to the Brand. The Brand grants to Servsport a non-exclusive, transferable, fully paid-up, worldwide and unlimited right and license to use (including to copy, modify, translate, make available, assign or sublicense to its affiliates, Athletes or subcontractors) Brand and Campaign Material, solely as is reasonably necessary for Servsport to perform its obligations and exercise its rights relating to the performance of the relevant Influencer Services or self-marketing aspects. 

5.2 The Brand ensures that (i) Post Content – insofar as (direct or indirect) the Brand has influenced it (like Campaign Material, provided the image requirements or hashtags) – will not violate the patent, trademark, trade names, service marks, copyright or other intellectual property or proprietary rights (including domain names) or any other rights (including the rights to privacy, confidentiality and publicity) of any third party; (ii) the materials and the display of Post Content as contemplated in the Accepted Document will not be false or misleading and will not constitute an unfair competition practice or unfair commercial practice; (iii) Post Content will comply with all applicable laws; (iv) Post Content does not contain any material which is libelous, slanderous, fraudulent or defamatory; (v) Post Content will not contain nor transmit any malware, viruses, worms, Trojan horses, adware, spyware, or other harmful code or programs; and (vi) Post Content will contain all legally required information, including, if legally necessary, disclaimers with regard to the commercial nature of the Post.
 
5.3 The Brand shall indemnify Servsport against all claims made by third parties due to the use or publication of the Post Content and compensate Servsport for all costs (including reasonable attorney´s fees) and damages arising in connection with such claim or alleged claim, unless the claim is not due to a culpable act or omission of the Athlete. The Brand must endeavour to support Servsport to the best of its ability in conducting its defense against any such claim.

6. Remuneration and Invoicing 

6.1
After registration and booking the Servsport Services, the Brand will receive a prepayment invoice amounting to 100% of the expected budget for the Campaign (plus VAT, if applicable). The invoice amount is due for payment within 14 (fourteen) days. Upon completion of the campaign, the Brand will receive a final invoice, whereby any excess amounts are due for payment within 14 (fourteen) days.

6.2 Credit check by the factor // Quality check of the campaign

7. Term and Termination

7.1
The Agreement has a fixed term of twelve (12) months from the registration of the Brand. The Agreement is extended automatically by one year in each case, if one of the Parties does not terminate it with notice of one (1) month before the end of the following period.

7.2 In addition to the ordinary right of termination each Party has the right to immediate extraordinary termination for cause. Cause for extraordinary termination can include: 

7.2.1 for both Parties, if insolvency proceedings are opened for the assets of the respective other Party, or if the opening of insolvency proceedings is rejected due to a lack of assets, 

7.2.2 for Servsport if the Brand breaches these Terms and Conditions or otherwise violates any law or regulation or the sense of decency of any reasonable and equitable person. 

7.3 Each termination must be made in text form (e-mail sufficient).

8. Industrial property rights/private use of the Servsport Services/indemnity

8.1
Servsport and/or any licensors of Servsport shall have all rights (including intellectual property rights) to the Servsport Services. The Brand is not authorised to remove, alter or otherwise conceal copyright, trademark or other information pertaining to the rights of Servsport and/or its licensors contained in the App or provided during performance of the Servsport Services.
The Brand may download a copy of the App and install it on their mobile device provided they comply with these Terms and Conditions. The Brand may only use the Servsport Services for business purposes. Any tacit or other granting of licences or rights to use the program or App going beyond these Terms and Conditions is hereby precluded.

8.2 All uses of the Servsport Services that contravene, circumvent or attempt to circumvent these terms of use are prohibited. The Brand may not, therefore,
- reproduce images, photos, illustrations, videos or other visual or non-visual media without permission, infringe third-party rights or contravene applicable laws;
- use offensive or defamatory, pornographic, violent, abusive or immoral content or content violating youth protection legislation or promote, offer and/or sell pornographic, violent, abusive or immoral goods or services or goods or services violating youth protection legislation;
- use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without authorisation;
- use the Servsport Services or the App in contravention of applicable laws or for purposes that are incompatible with applicable laws;
- subject the App to reverse engineering, decompile or edit the App or create works deriving from it; this shall not affect your rights under section 69d (3) and section 69e of the German Act on Copyright and Related Rights (UrhG);
- use the program to record or store personal data of third parties without their express prior consent;
- circumvent, disable or otherwise impair security features within the program that are intended to prevent or restrict unauthorised use or reproduction of content in the App;attempt to access the program in a manner other than by using the App or another platform provided by the Servsport; or
- attempt to obtain Rewards in contravention of these Terms and Conditions.

8.4 The Brand undertakes to defend, indemnify and hold Servsport, its legal representatives, employees and vicarious agents harmless against any claims, liabilities, damage, losses and costs arising out of or in connection with the following: (i) wilful or negligent breach of the Terms and Conditions on the Brands part or (ii) wilful or negligent infringement of third-party rights on your part during or in connection with use of the Servsport Services.

9. Exclusion/limitation of liability

9.1
Servsport shall be liable to the Brand for damage (on whatever legal grounds) caused by a culpable breach of material contractual duties on the part of Servsport, its legal representatives or vicarious agents. Material contractual duties are duties whose breach jeopardises fulfilment of the purpose of the contract or whose fulfilment is essential for the proper implementation of the contract and on whose fulfilment the Brand may reasonably expect to rely (cardinal duties). If the breach of cardinal duties occurred due to negligence only and did not cause injury to the life, body or health of the Brand, claims for compensation shall be limited to the amount of typical foreseeable damage.

9.2 All other claims against us for compensation – on whatever legal grounds, in particular due to a breach of contractual duties by us, our legal representatives, employees or vicarious agents, based on section 311a of the German Civil Code (BGB) or in tort – are precluded.

9.3 The provisions under items 9.1 and 9.2 above shall not apply (i) to claims of the Brand based on the provisions of the German Product Liability Act (ProdHaftG), (ii) in cases of wilful intent or gross negligence on the part of Servsport, its legal representatives or vicarious agents, (iii) in cases of injury to life, body or health or (iv) in any other case of mandatory statutory liability. In such cases Servsport shall be liable in accordance with the statutory provisions in each case.

9.4 In so far as liability is limited or excluded under the above provisions, this shall also apply to any personal liability on the part of legal representatives, employees and vicarious agents of Servsport.

10. Confidentiality, Data Protection

10.1
The Brand is obliged to maintain secrecy about confidential information even after the end of the contractual relationship. “Confidential information” means all information and documents of Servsport or the Athlete which are marked as confidential or are to be regarded as confidential under the circumstances, in particular information on operational process, business relationships and know-hows, the Brand Brief, the Request or other information concerning the Post as well as all work results.

10.2 Such Confidential Information is excluded from this obligation,
which were demonstrably already known by the Brand at the time of conclusion of the agreement or which subsequently became known without violation of any confidentiality agreement, legal regulations or official orders;

10.3 which were publicly known at the time of the conclusion of the agreement or are subsequently being made public, unless this is due to a breach of this agreement; or

10.4 which must be disclosed due to legal obligations or at the order of a court or an authority. To the extent permissible and possible, the Brand obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclose.

10.5 The Brand and Servsport observe the relevant data protection regulations. Personal data are only collected, processed or used to the extent necessary for the performance of the agreement and permitted by the relevant statutory provisions. Personal data will only be collected, processed and used to the extent permitted by law or with the consent of the person concerned. For more information please see the Servsport Data Policy.

11. Reference 

Servsport may use Brand’s name, logo and trademarks on the App, website in order to market the App and platform and the brands participating on the platform as well as for corporate communication and documentation purposes (both online and offline which shall include (but not limited to) annual company reports, corporate portfolio or corporate presentations, annual meetings, corporate website, moving and still images).


12. Force majeure

12.1
The Parties are not responsible for the non-fulfilment of obligations under this Agreement if this occurs as a result of force majeure in the following cases: fire, flood, earthquake, pandemics, governmental orders, civil unrest, acts of war or terrorism, strikes and lock-outs, blockades of transport routes, outages or constraints of electronic data exchange caused by third parties, cyber-crime by third parties, as well as any other unforeseeable, unavoidable and serious events.

12.2 The Party for which it is impossible to fulfil its obligations under the Agreement must inform the other Party immediately of the occurrence of force majeure events. Written confirmations from the chamber of commerce or the competent public or state authorities are deemed evidence. 

12.3 If force majeure circumstances continue for longer than 3 months, each Party is entitled to waive the further fulfilment of obligations under the Agreement. Neither party is entitled to compensation in such event.

13. Final Provisions

13.1
The individual contract (i.e Accepted Document) entered into and these Terms and Conditions contain the complete agreements of the Parties. Statements of one of the parties to the contract made previously within the framework of contract negotiations are invalid unless they are incorporated in these Terms and Conditions. These Terms and Conditions supersede all previous agreements between the Parties. 

13.2 All amendments and supplements to the individual contract and to these Terms and Conditions must be made in writing. The amendment of this provision also must be made in writing, too. If any part of these Terms and Conditions are or become invalid, the invalid parts are to be replaced by agreements that most closely approximate to the commercial intent of the Parties to the contract. The contractual relationship as a whole is not affected by that.

13.3 German law applies; the provisions of international private law and of the UN Convention on the contracts for the international sale of goods are excluded.

13.4 The place of performance and the place of jurisdiction for all obligations arising from this contractual relationship, including the payment obligation, is the seat of Servsport (currently Berlin).

Terms and Conditions - Athlete

1. Preamble

1.1
Servsport is a platform which enables legal entity/company ordering Servsport Services (“Brands“) to get into contact with professional athletes (“Athlete” or “Athletes”) in order to do joint marketing campaigns (“Influencer Services”). The Athletes can be discovered by Brands, create and manage campaigns together with Brands, create and publish content and may receive remuneration from and via Servsport. The Brand and the Athlete agree on the content (including texts, images, graphics, etc.) of the Influencer Services (“Post Content”) and the Medium (e.g. single Instagram-Post, Story or video) provided by an Athlete. The use of the Influencer Services via Servsport.com, the app.servsport (hereinafter also “App”) and any relationship between the involved Parties hereinafter is called “Servsport Services”. Servsport will only charge a Commission Fee of 20% to the Athlete rather than the Brand (“Commission Fee”). The Athletes are independent and are under no circumstances subject to any instructions from Servsport. The business relationship between Brand and Servsport is governed by separate terms and conditions (“Terms and Condition for Brands”).

1.2 Subject matter of the following Terms and Condition is to provide a framework for the ordering of Influencer Services by Servsport from Athlete and the provision of such services by Athlete to Servsport. By signing up to www.servsport.com and also when rendering Influencer Services via the Servsport website www.servsport.com , the Athlete agrees to be bound by the following Terms and Condition. 

1.3 These Terms and Conditions constitute the framework for the purchase of Influencer Services by Servsport. Obligations to provide Influencer Services or pay remuneration for such are not established by these Terms and Conditions itself, but only upon conclusion of a single contract by virtue of Accepted Documents (as defined below).

2. Registration

2.1
For Athletes it is free to register and open a Servsport Account. To do this the Athletes have to register via www.servsport.com and add the key facts about him (name, date of birth, address, e-mail, Instagram-Account, concluded sponsorship contracts, phone number, billing information & price per asset). The Athlete Account is not transferable. To open a Servsport Account the Athlete must be at least 18 years old at the time of registration. If the Athlete is younger than 18 at the time of registration he will need the consent of his or her legal representatives to use the program. There is no right to registration. Servsport has the right to refuse registration without providing reasons.

2.2 Please notify us immediately at support@servsport.com if you discover that your password or Servsport Account has been used without authorisation. Servsport shall not accept any liability for losses or damage arising as a result of the User failing to meet this obligation or failing to meet it in good time.

3. Conclusion of contracts and contractual relationships via servsport.com

3.1
In order to conclude and fulfil a contract via the Servsport platform, the following steps are necessary:

- The Athletes have to register via www.servsport.com, add the key facts about them (name, date of birth, address, e-mail, Instagram-Account, concluded sponsorship contracts, phone number, billing information & price per asset) and accept these Terms and Conditions. The latest version of these Terms and Conditions as well as other important information can be found at www.servsport.com/legal
- As a first step, Brand shall fill outin a document which gives general and individual information about the Brand’s campaign plan, including the campaign story, mentions, etc. („Brief”) as part of the registration or placing of an order from Brand. Brand will fill out a Brief which contains, among others, information on the Brand, the image requirements, hashtags, mentions, Campaign Material (which the Athlete has to use and is provided by the Brand), campaign goals, usage rights with regard to the Influencer Services rendered (usage rights may not be exclusive and/or indefinite) and Start Date/End Date (“Brand Brief”).The Brand Brief will be mailed together with the relevant facts (duration and amount of the campaign, compensation for each post) by Servsport to Athletes sent through via a push notification from the App (“Request”). 
- AthletesAthlete can accept this Request by clicking the ‘Accept’-Button.
- After this acceptance of the Athlete, the Briefs, the Request and these Terms and Conditions will be considered the Accepted Document (“Accepted Document”). 
- The details of the Accepted Document as well as the remuneration payable by Servsport to Athlete can be accessed via the Athlete Account on app.servsport.
- The respective Accepted Document is deemed to be fulfilled, on the day the Athlete delivers the Post and after the Athlete makes the respective URL/Link to the Post available to Brand/Servsport via app.servsport or the Campaign Material is published. 

3.2 The Brand will not be part of the contract concluded between Servsport and Athlete. Direct negotiations on contractual conditions or future business relations between the Athlete and Brand are prohibited as long as and to the extent that Servsport does not expressly agree (text form is sufficient). Brand may only legally bind Servsport insofar as the Servsport platform is used and the above outlined processes as well as the regulations of these Terms and Conditions are upheld. If this is not the case, then Athlete may not reasonably rely on Brand acting on Servsport’s behalf. The Athletes are independent and are under no circumstances subject to any instructions from Servsport. Additionally, Servsport is obliged to directly pay the remuneration to Athlete. 

4. Servsport Services and Obligations

4.1
Servsport is responsible for providing app.servsport (including its functionalities) and accounting services. Additionally, Servsport provides Athlete with access to the Athlete Account (including provision of login data) and the technical functionalities which enables Athlete to draft, access and accept the Accepted Document. 

4.2 The Athlete is aware that, the Servsport website www.servsport.com or parts of the website may occasionally be temporarily unavailable due to maintenance or other technical reasons. 

4.3 Servsport makes every effort to control the Post Content and to avoid any infringement, but under no circumstances can Servsport be held directly or indirectly responsible for the Post Content. Servsport is not obliged to but will generally review the Posts (including compliance with applicable law). Please be aware that it is not possible for Servsport to delete the Post Content directly or to take care of it. Servsport will, however, promptly endeavor to remove the Post or any portion thereof (including the advertised product/service) that violates any applicable law, third party right or such Post is not in line with the respective Accepted Document or with Brand’s internal rules on advertising (if such rules were made available to Athlete in the course of the drafting of the Accepting Documents). 

5. Athlete`s Responsibility and Obligations

5.1
Athlete ensures that (i) Post Content will not violate the patent, trademark, trade names, service marks, copyright or other intellectual property or proprietary rights (including domain names) or any other rights (including the rights to privacy, confidentiality and publicity) of any third party; (ii) the materials and the display of Post Content as contemplated in the Accepted Document will not be false or misleading and will not constitute an unfair competition practice or unfair commercial practice; (iii) Post Content will comply with all applicable laws; (iv) Post Content does not contain any material which is libelous, slanderous, fraudulent or defamatory; (v) Post Content will not contain nor transmit any malware, viruses, worms, Trojan horses, adware, spyware, or other harmful code or programs; and (vi) Post Content will contain all legally required information, including, if legally necessary, disclaimers with regard to the commercial nature of the Post. 

5.2 The Athlete shall indemnify Servsport and the Brand he is working with against all claims made by third parties due to the use or publication of the Post Content and compensate Servsport and Brand for all costs (including reasonable attorney´s fees) and damages arising in connection with such claim or alleged claim, unless the claim is not due to a culpable act or omission of the Athlete. The Athlete must endeavour to support Servsport and the Brand to the best of its ability in conducting its defense against any such claim.

5.3 In case Brand provides Athlete with Provided Material, Athlete may only use Provided Material, solely as is reasonably necessary for the Athlete to perform its obligations and exercise its rights relating to the performance of the relevant Accepted Document.

5.4 Independent of whether usage rights are granted within the Brief, Athlete grants to Servsport and the respective Brand to repost Post on Servsport’s and Brand’s respective social media account as well as to publish the Campaign Material according and to the extent of the Campaign purposes. 

5.5 Taxes and social security contributions are paid by the Athlete. The Athlete releases Servsport from any liability for wage tax claims of the tax authorities and shall reimburse to them any wage tax paid by Servsport. There is no such entitlement as holiday, holiday pay or continued payment of remuneration in the event of illness.

6. Remuneration and Invoicing 

The Athlete will receive his remuneration for the month in which Athlete has delivered his Services according to the Accepted Document within two (2) working days after the end of the respective month. The amount of the Athletes claim depends on the Agreement in the Accepted Document/ Brand Brief.

7. Term and Termination

7.1
The Agreement has a fixed term of twelve (12) month from the registration of the Athlete. The Agreement is extended automatically by one year in each case, if one of the Parties does not terminate it with notice of one (1) month before the end of the following period.

7.2 In addition to the ordinary right of termination, each Party has the right to immediate extraordinary termination for cause. Cause for extraordinary termination can include: for both Parties, if insolvency proceedings are opened for the assets of the respective other Party, or if the opening of insolvency proceedings is rejected due to a lack of assets, 

7.3 for Servsport if the Athlete breaches these Terms and Conditions or otherwise violates any law or regulation or the sense of decency of any reasonable and equitable person. 

7.4 Each termination must be made in text form (e-mail sufficient). 

8. Industrial property rights/private use of the Servsport Services/indemnity

8.1
Servsport and/or any licensors of Servsport shall have all rights (including intellectual property rights) to the Servsport Services. The Athlete is not authorised to remove, alter or otherwise conceal copyright, trademark or other information pertaining to the rights of Servsport and/or its licensors contained in the App or provided during performance of the Servsport Services.

8.2 The Athlete may download a copy of the App and install it on their mobile device provided they comply with these Terms and Conditions. The Athlete may only use the Servsport Services for business purposes. Any tacit or other granting of licences or rights to use the program or App going beyond these Terms and Conditions is hereby precluded.

8.3 All uses of the Servsport Services that contravene, circumvent or attempt to circumvent these terms of use are prohibited. The Athlete may not, therefore,

- reproduce images, photos, illustrations, videos or other visual or non-visual media without permission, infringe third-party rights or contravene applicable laws;
use offensive or defamatory, pornographic, violent, abusive or immoral content or content violating youth protection legislation or promote, offer and/or sell pornographic, violent, abusive or immoral goods or services or goods or services violating youth protection legislation;
- use content protected by law (e.g. by copyright, trademark, patent, design or utility model law) without authorisation;
- use the Servsport Services or the App in contravention of applicable laws or for purposes that are incompatible with applicable laws;
copy the App for purposes other than executing the App on your mobile device; an exception to this is creating a backup copy to be used exclusively as a backup and kept by you in a secure location not accessible to third parties;
- lease or sell the App to third parties, grant third parties sub-licences to the App or otherwise make the functions or services of the App accessible to third parties;
subject the App to reverse engineering, decompile or edit the App or create works deriving from it; this shall not affect your rights under section 69d (3) and section 69e of the German Act on Copyright and Related Rights (UrhG);
- use the program to record or store personal data of third parties without their express prior consent;
- spread or transmit via the App or upload into the App viruses or other malware that hinder, restrict or disrupt other Users’ access to the program or override, restrict or impair the functionality of the program;
- circumvent, disable or otherwise impair security features within the program that are intended to prevent or restrict unauthorised use or reproduction of content in the App;
- attempt to access the program in a manner other than by using the App or another platform provided by the Servsport; or
- attempt to obtain Rewards in contravention of these Terms and Conditions.

8.4 The Athlete undertakes to defend, indemnify and hold Servsport, its legal representatives, employees and vicarious agents harmless against any claims, liabilities, damage, losses and costs arising out of or in connection with the following: (i) wilful or negligent breach of the Terms and Conditions on the Athletes part or (ii) wilful or negligent infringement of third-party rights on your part during or in connection with use of the Servsport Services.

9. Exclusion/limitation of liability

9.1
Servsport shall be liable to the Athlete for damage (on whatever legal grounds) caused by a culpable breach of material contractual duties on the part of Servsport, its legal representatives or vicarious agents. Material contractual duties are duties whose breach jeopardises fulfilment of the purpose of the contract or whose fulfilment is essential for the proper implementation of the contract and on whose fulfilment the Athlete may reasonably expect to rely (cardinal duties). If the breach of cardinal duties occurred due to negligence only and did not cause injury to the life, body or health of the Athlete, claims for compensation shall be limited to the amount of typical foreseeable damage.

9.2 All other claims against us for compensation – on whatever legal grounds, in particular due to a breach of contractual duties by us, our legal representatives, employees or vicarious agents, based on section 311a of the German Civil Code (BGB) or in tort – are precluded.

9.3 The provisions under items 9.1 and 9.2 above shall not apply (i) to claims of the Athlete based on the provisions of the German Product Liability Act (ProdHaftG), (ii) in cases of wilful intent or gross negligence on the part of Servsport, its legal representatives or vicarious agents, (iii) in cases of injury to life, body or health or (iv) in any other case of mandatory statutory liability. In such cases Servsport shall be liable in accordance with the statutory provisions in each case.

9.4 In so far as liability is limited or excluded under the above provisions, this shall also apply to any personal liability on the part of legal representatives, employees and vicarious agents of Servsport.Confidentiality, Data Protection

10. Confidentiality, Data Protection

10.1 The Athlete is obliged to maintain secrecy about confidential information even after the end of the contractual relationship. “Confidential information” means all information and documents of Servsport or the Brand which are marked as confidential or are to be regarded as confidential under the circumstances, in particular information on operational process, business relationships and know-hows, the Brand Brief, the Request or other information concerning the Post as well as all work results.

10.2 Such Confidential Information is excluded from this obligation, which were demonstrably already known by the Athlete at the time of conclusion of the agreement or which subsequently became known without violation of any confidentiality agreement, legal regulations or official orders;

which were publicly known at the time of the conclusion of the agreement or are subsequently being made public, unless this is due to a breach of this agreement; or

which must be disclosed due to legal obligations or at the order of a court or an authority. To the extent permissible and possible, the Athlete obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclose.

10.3 The Athlete and Servsport observe the relevant data protection regulations. Personal data are only collected, processed or used to the extent necessary for the performance of the agreement and permitted by the relevant statutory provisions. Personal data will only be collected, processed and used to the extent permitted by law or with the consent of the person concerned . For more information please see the Servsport Data Policy.

11. Reference 

11.1 Servsport may use Athlete’s name, logo and trademarks on the App, website in order to market the App and platform and the brands participating on the platform as well as for corporate communication and documentation purposes (both online and offline which shall include (but not limited to) annual company reports, corporate portfolio or corporate presentations, annual meetings, corporate website, moving and still images). 

12. Force majeure

12.1 The Parties are not responsible for the non-fulfilment of obligations under this Agreement if this occurs as a result of force majeure in the following cases: fire, flood, earthquake, pandemics, governmental orders, civil unrest, acts of war or terrorism, strikes and lock-outs, blockades of transport routes, outages or constraints of electronic data exchange caused by third parties, cyber-crime by third parties, as well as any other unforeseeable, unavoidable and serious events.

12.2 The Party for which it is impossible to fulfil its obligations under the Agreement must inform the other Party immediately of the occurrence of force majeure events. Written confirmations from the chamber of commerce or the competent public or state authorities are deemed evidence.

12.3 If force majeure circumstances continue for longer than 3 months, each Party is entitled to waive the further fulfilment of obligations under the Agreement. Neither party is entitled to compensation in such event.

13. Final Provisions

13.1 The individual contract (i.e Accepted Document) entered into and these Terms and Conditions contain the complete agreements of the Parties. Statements of one of the parties to the contract made previously within the framework of contract negotiations are invalid unless they are incorporated in these Terms and Conditions. These Terms and Conditions supersede all previous agreements between the Parties.

13.2 All amendments and supplements to the individual contract and to these Terms and Conditions must be made in writing. The amendment of this provision also must be made in writing, too. If any part of these Terms and Conditions are or become invalid, the invalid parts are to be replaced by agreements that most closely approximate the commercial intent of the Parties to the contract. The contractual relationship as a whole is not affected by that.

13.3 German law applies; the provisions of international private law and of the UN Convention on the contracts for the international sale of goods are excluded.

13.4 The place of performance and the place of jurisdiction for all obligations arising from this contractual relationship, including the payment obligation, is the seat of Servsport (currently Berlin).