General Terms and Conditions of Business and Use "FT360 App" & "FT360 Shop
We, SOCCERA GmbH, are a company in the field of soccer training and have made it our business to specifically train and improve the "First Touch", i.e. the first contact of young players - be it in the amateur or already in the professional field - as an essential element of the successful soccer game. With the software application "FT360" (hereafter "FT360-App") we accompany you on your way to First Touch Mastery. In addition to the FT360 app, physical products can be purchased in the online store (hereinafter "FT360 store"), which can be used in training - among other things in conjunction with the FT360 app.
The following General Terms and Conditions of Business and Use ("GTC") set out the legal framework for the use of the FT360 app, the services we provide and the goods we offer. Therefore, please read these GTC carefully.
In these GTC, the masculine form is used exclusively for reasons of better readability. It refers to persons of both genders or persons who do not feel clearly assigned to either gender.
1.1 Contractual partner and subject matter of the contract: These GTC form the basis for the contract of use that is concluded between you and us, SOCCERA GmbH, Albrecht-Dürer-Straße 14, D- 89340 Leipheim (hereinafter referred to as "us" or "we") by registering in the FT360 app. The subject of this contract is the use, free of charge or against payment, of the services offered by us within the framework of the FT360 app as well as the services and goods offered within the framework of the FT360 store.
By way of clarification only, it is noted that these GTC apply both to users who purchase the FT360 app independently via the app store (hereinafter "direct users") and to users, for example from the professional youth sector, who use the FT360 app in the context of an institution that serves to train and promote youth players (hereinafter "indirect users"). Accordingly, the latter includes any users who obtain the use of the FT360 app through their affiliation with an organization with which we have entered into a contract. Furthermore, these GTC apply to both buyers of the goods and their users. Should individual provisions of these GTC not be applicable to one of the aforementioned user groups, this will be expressly clarified in the corresponding provision.
1.2 Minority of the user: In the event that the user of the FT360 app or the FT360 store is a minor, the user's legal representative(s) must perform the registration and other necessary legal acts within the FT360 app on behalf of the minor.
2. services and prices of the FT360 app
2.1 Paid and free services for direct users: The scope of the services contained and usable in the FT360 app depends for you as a direct user on whether and which of our services you use free of charge or against payment. In the case of free use, you have regular access only to certain basic functions and information of the FT360 app. An extended range of functions is available to you if you have certain content (such as a training program) activated separately for a one-time payment or as part of a subscription.
2.2 Services for indirect users: The scope of the services contained and usable in the FT360 app depends for you as an indirect user on the scope of the purchased license of your training and funding institution or organization. For you, the use of the FT360 app remains free of charge to this extent.
2.3 Training aids: Please note that in order to use the FT360 app to its full extent, auxiliary or training aids (such as our training surface "FT-Circle", a soccer ball, etc.) are required. These are not part of the FT360 app and may have to be purchased or provided by you separately and at your own expense.
2.4 Updates: We will provide you with new program versions of the FT360 app at appropriate intervals in order to keep it up to date and to prevent malfunctions. These are updates of the application with technical modifications, improvements, minor functional enhancements as well as patches with corrections to the application or other workarounds for possible malfunctions. It is your responsibility to install the new versions immediately.
3. services and prices in FT360 store
3.1 Paid and free services and goods: The scope of the services and goods contained and purchasable in the FT360-Shop depends for you as a user/buyer on whether and which of our services and goods you acquire free of charge or against payment.
3.2 Training resources: Please note that for the full use of the goods of the FT360 store, instructions (such as the training content within the FT360 app, etc.) are required for a meaningful use. These are not necessarily part of the FT360 Shop and may have to be purchased or provided by you separately and at your own expense.
4. registration and contracting in the FT360 app
4.1 Registration of direct users: As a direct user, you must first register to use the FT360 app after downloading it when you open the FT360 app for the first time and open a user account with an e-mail address registered to you. After entering the e-mail address and password, we will send you an e-mail in which you must confirm your e-mail address. After confirmation, the registration is completed.
With your confirmation, the usage contract between you and us for the use of the FT360 app comes into effect.
4.2 Registration of indirect users: As an indirect user, you must register via the access of your training and funding institution and open a user account. After entering your e-mail address and password, we will send you an e-mail in which you must confirm your e-mail address. After confirmation the registration is completed.
With your confirmation, your registration is completed and a free-of-charge user agreement is concluded between you and us for the use of the FT360 app within the scope of the license of your training and funding institution or organization.
4.3 Conclusion of contract for paid one-time services or subscriptions for direct users: As a direct user, you can regularly purchase services in the FT360 app either by paying a one-time amount or within a subscription. The contract for the purchase of these services is concluded when you click on the "Buy now" field or a comparable field within the FT360 app and successfully enter your payment data or, if applicable, enter your password for the respective app store and the payment is processed via the respective app store (so-called "in-app purchases").
5. conclusion of contracts in the FT360 store
5.1 Conclusion of contract for paid one-time services or goods or subscriptions: As a user/buyer, you can regularly purchase services/goods in the FT360 store either by
payment of a one-time amount or within a subscription. The contract for the purchase of these services or goods is concluded when you click on the "Buy now" field or a comparable field within the FT360 stores and have successfully entered your payment data.
6. prices and payment for direct users of the FT360 app
6.1 Prices: The respective current price and subscription models and the services that can be used at that time can be seen in the FT360 app for direct users before entering the purchase process. All prices quoted are inclusive of the applicable value-added tax.
6.2 Means of payment: The means of payment accepted by us are displayed in the FT360 app for direct users in each case as part of the purchase process before the payment is completed (e.g. credit card, Paypal, etc.). If you purchase services in the FT360 app for a fee via in-app purchases, payment can also be made via the provider of the respective app store. Please contact this provider to find out which payment methods are available.
6.3 Due date and collection of fees: If services are purchased by paying a one-time amount, the fees are due at the time the contract is concluded and, depending on the selected means of payment, may be collected directly. If a subscription is purchased, the fee shall be due in advance for the respective minimum term at the time the contract is concluded and, depending on the selected means of payment, may be collected directly. If the subscription is automatically renewed in accordance with Section 10.3, the fee shall be due in advance at the beginning of the respective renewal period and shall also be collected, if applicable, depending on the selected means of payment.
6.4 Default of payment: If we incur costs and/or expenses when a payment is refused and you are responsible for this (e.g. because the account is not covered or the limit of the credit card is already exhausted), we are entitled to charge you the actual amount of the costs and/or expenses incurred. We reserve the right to assert further claims due to late payment.
7. prices and payment for users of the FT360 store
7.1 Prices: The current price and subscription models and the services and goods that can be used at that time can be seen in the FT360-Shop for direct users before entering the purchase process. All prices stated are inclusive of the respectively applicable value added tax.
7.2 Means of payment: The means of payment accepted by us are visible to direct users in the FT360 store in each case as part of the purchase process prior to the conclusion of payment (e.g. credit card, Paypal, etc.).
7.3 Due date and collection of fees: If services and goods are purchased by payment of a one-time amount, the fees are due upon conclusion of the contract and, depending on the selected means of payment, may be collected directly. If a subscription is purchased, the fee is due in advance for the respective minimum term at the time the contract is concluded and, depending on the selected means of payment, may be collected directly. If the subscription is automatically renewed in accordance with Section 10.3, the fee shall be due in advance at the beginning of the respective renewal period and shall also be collected, if applicable, depending on the selected means of payment.
7.4 Default of payment: If we incur costs and/or expenses when a payment is refused and you are responsible for this (e.g. because the account is not covered or the limit of the credit card is already exhausted), we are entitled to charge you the actual amount of the costs and/or expenses incurred. We reserve the right to assert further claims due to late payment.
8. right of withdrawal for direct users
8.1 Cancellation policy: If you, as a direct user, conclude a paid usage contract or a contract for a one-time service or a subscription with us, you are entitled to the following right of cancellation in each case.
You have the right to cancel the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
SOCCERA GmbH Albrecht-Dürer-Strasse 14 D-89340 Leipheim
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke the contract. You can use the attached sample withdrawal form, which is not mandatory. If you make use of your option to revoke, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of the revocation
If you withdraw from the contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and no later than within fourteen days from the day on which we received the notification of your withdrawal from the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you incur fees when using a means of payment (e.g. purchase on installments), which are charged directly by the respective
payment method provider and are to be paid to them accordingly, these fees are excluded from reimbursement by us in the event of a revocation.
8.2 Expiration of the right of revocation: The right of revocation shall also expire in the case of a contract for the provision of services if we have provided the service in full and have only begun to provide the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of revocation upon complete fulfillment of the contract by us.
In the case of a contract for the delivery of digital content that is not on a physical data carrier, the right of cancellation shall also expire if we have commenced performance of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of cancellation upon commencement of performance of the contract.
8.3 Cancellation form: You can use the following cancellation form for your cancellation:
To SOCCERA GmbH, Albrecht-Dürer-Straße 14, D-89340 Leipheim, e-mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of notification on paper) Date
(*) please delete where inapplicable
9. your health
9.1 Health requirements: The use of the FT360 app and all goods that can be purchased via the FT360 store is at your own risk. A prerequisite for the use of the FT360 app and the goods is in any case a good general state of health. If you are aware of any pre-existing conditions, we strongly recommend that you seek medical advice before starting to use the FT360 app or exercise with the purchased goods. This applies in particular if you are aware of one or more of the following illnesses/complaints/interventions:
- Cardiovascular disease,
- Lung or respiratory disease (including asthma),
- Spinal and/or joint problems,
- neuromuscular diseases,
- surgical interventions,
- Other health limitations.
We ask our underage users to take part in the training and coaching sessions we offer only in close consultation with and with the express consent of their legal representatives.
As a general rule, pay attention to your body's signals. If you experience any health problems (e.g., pain, general discomfort, shortness of breath, nausea, or dizziness) before using the FT360 app for the first time or while using the FT360 app, consult your physician before starting or continuing to use the FT360 app.
9.2 Training methods: Fitness advice is subject to constantly evolving health and sports science findings. Even if we base our training tips on current studies and findings, we do not guarantee that these correspond to the latest research results or findings.
10.runtime of the FT360 app
10.1 User agreement: The user agreement concluded between you and us upon registration and opening of a user account is generally valid for an indefinite period of time, unless otherwise agreed. For indirect users, the user agreement ends automatically when the license of your training and funding institution or organization expires.
10.2 One-time services for direct users: One-time services purchased by direct users may be offered for a fixed term. They end automatically upon expiration of time without the need for termination.
10.3 Subscriptions for Direct Users: Our Subscriptions for Direct Users are offered with varying minimum terms (not exceeding two years) and are renewable
automatically in each case for an indefinite period of time until termination by you or by us in accordance with section 11.2 of these GTC.
To avoid misunderstandings, please note that the duration of a subscription is based on the calendar and is independent of the duration and extent of your use of the FT360 app.
11.Contract termination in the FT360 app
11.1 User contract: You have the right to delete your user account at any time and without giving reasons and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your user profile. Please note that after deleting your user account, all content and training services posted by you will be deleted by us and you, as a direct user, will also no longer have access to content already purchased. If, as a direct user, you still have a current subscription at the time of deletion of your account or have booked a service whose term has not yet ended, any amount already paid by you will not be refunded - not even on a pro rata basis.
In the case of direct users, we are entitled to terminate the user agreement without giving reasons by giving two (2) weeks' notice in text form, but no earlier than the end of the minimum term or the respective renewal period of your subscription and/or the end of the term of a one-time paid service. In the case of indirect users, we have this right only in consultation with the respective licensee training and funding institution.
11.2 Cancellation of a subscription by direct users: Each subscription of a direct user in the FT360 app must be cancelled individually. You can cancel the respective subscription without giving reasons at any time with effect from the end of the minimum term or after automatic renewal with a notice period of one (1) month by making the corresponding setting in your user profile. Alternatively, you can also cancel your subscription by sending an e-mail to firstname.lastname@example.org or a letter to the contact address mentioned in section 17. Subscriptions purchased via in-app purchase, if applicable, must be cancelled in the settings of the respective app store. After cancellation of a subscription, your user account and other subscriptions remain valid, subject to further cancellation. Furthermore, all content and training services posted by you as part of the cancelled subscription will remain in your FT360 app. When you take out a new subscription of the same type, you will again have access to this content. Please refer to our data protection declaration for the storage periods of your personal data in this context.
We are entitled to terminate each subscription at the end of the minimum term or after automatic renewal of the subscription with a notice period of one (1) month in text form.
11.3 Termination for cause: The right to terminate for cause remains unaffected for both parties. In particular, we are entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user agreement and/or these GTC or, as a direct user, are in default with your payment obligations despite a reminder.
12.liability for defects
12.1 Legal Provisions: The statutory provisions shall apply to claims based on defective performance. Your rights as a consumer remain unaffected in any case.
12.2 No Warranty: We make no representations or warranties that the training or other result you desire will be achieved by using the FT360 App or the
purchased goods is achieved. We do not owe a specific success. In addition, the training result is also influenced by factors that cannot be controlled, such as physical predispositions and prior conditions, so that the result can vary greatly for different people despite the same use of the FT360 app and the associated goods.
13.1 General: If instructions (e.g. for certain exercises and workouts) are provided to you within the scope of the FT360 app or the FT360 store, you must comply with these instructions without fail, as otherwise there is a risk of injury and/or health risks. If you use tools or equipment for the exercises and workouts, it is your responsibility to ensure that these tools and/or equipment are working properly and have been installed or set up.
You are required to follow our health instructions in section 9.
13.2 Limitation of liability: We, our legal representatives and/or vicarious agents shall be liable for damages, irrespective of the legal grounds, only in the event of intent or gross negligence or - then limited to the foreseeable damage typical for the contract at the time of the respective conclusion of the contract - in the event of a breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential to the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the customer regularly relies on.
This limitation of liability shall not apply to claims for damages due to injury to life, limb or health or due to other mandatory statutory liability (such as under the Product Liability Act).
14. rights of use to contents of the FT360 app and the FT360 store
The services offered by us contain, depending on which services you are activated for or which you have purchased, copyrighted or otherwise protected content to which we are entitled to the corresponding rights. As a direct user, we grant you a non-exclusive, non-exclusive and non-transferable right to use this content in a non-commercial manner within the framework of the user agreement. As an indirect user, these rights are sublicensed to you by your educational and funding institution or organization. For the avoidance of doubt, we would like to point out that you are not permitted to distribute our content or make it publicly available, e.g. on the Internet or on social media. The right to use expires when you are no longer activated for the respective service (e.g. as a direct user after cancellation of your subscription, as an indirect user after expiration of the license of your training and support institution or organization) or upon termination of the user relationship.
15. responsibility for user-generated content
15.1 No responsibility for third-party content: You are solely responsible for content that you upload within the FT360 app. We do not adopt these as our own and do not check them. You are prohibited from advertising commercial websites or other products via your user account.
15.2 No infringement of rights: You are obligated to comply with all applicable laws and other legal provisions of the Federal Republic of Germany when providing your own content. Regardless of whether this constitutes a criminal offense, it is generally prohibited to provide content that is of a pornographic, sexual, violent, racist, inciting, discriminatory, adult, insulting and/or defamatory nature. Furthermore, you are obligated not to violate the rights of third parties. This applies in particular to personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.).
We are entitled to delete or remove content that is illegal or violates the aforementioned principles at any time without prior notice. If you violate the aforementioned principles, we are entitled to warn you or to temporarily block your user account or to terminate the user contract for good cause in accordance with section 11.3.
15.3 Indemnification: In the event that you violate the principles set forth in Section 15.2 and are at fault for doing so (i.e., you have acted either negligently or intentionally), you shall indemnify us against any third party claims based on such violation. The indemnification also includes the costs of an appropriate defense. You are obligated to assist us in clarifying the facts in dispute. We expressly reserve the right to assert claims for damages and other claims.
The processing of personal data in connection with the FT360 app or the FT360 store is carried out in compliance with the applicable data protection laws. Our data protection information, to which reference is made here, provides information on the data protection applicable in connection with the use of the FT360 app and the FT360 store and is available on the website and in the app.
17. contact address
You can reach us at
SOCCERA GmbH Albrecht-Dürer-Strasse 14 D-89340 Leipheim
18. online dispute resolution procedure
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order first out of court. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/ .
However, we have decided not to participate in such dispute resolution proceedings. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. If you have any questions or complaints, please contact us first at our contact address in section 17.
19. general provisions
19.1 Supplements/amendments: In the event of a change in market conditions and/or the legal situation and/or supreme court rulings, we shall also be entitled to amend and/or change these GTC with a notice period of four (4) weeks in advance, provided that this is reasonable for you. The respective changes will be announced to you by e-mail. The amendments and/or changes shall be deemed approved if you have not objected to them in writing or by e-mail within a period of four (4) weeks after receipt of the amendments and/or changes, provided that we have expressly pointed out this fiction of approval in the notice of change. You shall address any existing objections to the contact address.
19.2 Severability clause: Should individual clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The parties shall replace an invalid provision with a provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply to any loophole in these GTC.
19.3 Final Provisions: German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it concerns mandatory consumer law provisions.
If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have become effective or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
These GTCs are currently valid and have the status: June 21, 2022 (version 1.02_en).