Olé App’s Terms of Service

Last updated: November 2020

 

  1. In General

1.1 These Terms of Service / General Terms and Conditions (the “Terms”) apply to the use of the Olé mobile app (the “App”) and the https://oleapp.de website (the “Website”; the app and website are collectively referred to as “Services”) by you (the “User”, “You”). The services are provided by the Olé App, Am Klinkenberger Hof 14 A in 53721 Siegburg, Germany (“Olé”, “we”, “us”).

 

1.2 The Website offers soccer-related courses to the User that deal with evaluating skill exercises. Exercise topics comprise Passing, Shooting, Header, Freestyle, Speed, Stamina, Tactics, Freekick, Penalty Shot, and Goalkeeper. The User can buy a Course, load up an exercise (video file) and receive feedback from a certified soccer coach via Zoom or PDF file.

 

  1. Create an account

2.1 If you want to make use of the Services provided on the Website, you must accept these Terms the first time you open the Website. By accepting the Terms (generally by clicking the respective button), the User sends an offer to conclude a usage contract for the app (the “contract”). Olé accepts the User’s offer by providing the corresponding app services for the user. However, Olé is not obliged to conclude a corresponding contract with the User.

 

2.2 The use of the services provided on the Website underlies the pricing of the respective course that is purchased by the User.

 

  1. Specifics for Sellers (coaches)

 

  • Sellers create courses on the Website to allow Buyers to purchase their services.
  • Sellers may also offer Custom Offers to Buyers in addition to their courses.
  • Each course you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
  • Olé accredits Sellers once an order is completed.
  • For more information about receiving payments, fees and taxes see the Payment Terms.
  • Sellers may not promote their courses or any Olé content via the Google Ads platform.
  • The Seller’s rating is calculated based on the order reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, Olé may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Olé accounts to a single withdrawal provider.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

 

  1. Specifics regarding courses

 

  • Sellers are allowed to post an amount of up to 5 active courses on the Website.
  • Courses created on Olé are user generated content.
  • Courses and/or coaches may be removed by Olé from the Website for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of courses
    • Spam, nonsense, or violent or deceptive courses
    • Courses misleading to Buyers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Services that extend beyond 30 days of service duration
    • Exceedingly low quality courses / evaluations
    • Promoting Olé and/or Olé courses through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Courses that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Courses that are removed for violations are not eligible to be restored or edited.
  • Courses may be removed from our Search feature due to poor performance and/or user misconduct.
  • Courses may include pre-approved website URLs contained within the course description and requirements box. Courses containing websites promoting content, which violates Olé’s Terms of Service and/or our Community Standards, will be removed.
  • Courses are required to have an appropriate course image related to the service offered.. Sellers must deliver the same quality of service as shown on their course images. Recurring deliveries that don’t match the quality shown on the course images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Courses may contain an approved course Video uploaded through the management tools available on Olé.
  • Statements on the course page that undermine or circumvent these Terms of Service is prohibited.

 

  1. Specifics for Buyers
  • You may not offer direct payments to Sellers using payment systems outside of the Olé platform.
  • Olé retains the right to use all publicly published delivered works for Olé marketing and promotional purposes.
  • Please refer to the Payment Terms for making Payments through the Olé platform and to learn about fees and taxes.
  • In addition, Buyers can request a Custom Order which addresses specific Buyer requirements and receive a Custom Offer from Sellers through the site or through Olé anywhere.
  • You may not offer Sellers to pay or make payment using any method other than through the oleapp.de site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support hello@oleapp.de.

 

 

  1. Right to use the Website; our right to use your content

6.1 After conclusion of the contract (see Clause 2.1), Olé grants you – subject to the restrictions in the Terms (see in particular Clauses 4 and 6) – a restricted, non-exclusive, non-transferable, non-licensable right to use the Website for the intended purpose of the Website and for the duration of the contract, i.e. deleting the profile. However, this is limited to the exclusively private and non-commercial use of the Website.

 

6.2 You give us your consent to use the contributions published by you on the Website (“user content” / “user-generated content”) (in particular the content that is protected by intellectual property rights) in order to use the corresponding website services for improving the service provided on the Website (in this context and for these purposes we are particularly entitled to display, use, distribute, change, execute, reproduce, copy, publicly perform or exhibit, translate or create derivative works (these types of use are collectively referred to as “usage rights”)). The license in the section above is granted to us free of charge and for the purpose of providing the Website services to you.

 

6.3 We are also entitled to use the user generated content on our social media platforms (Facebook, Instagram and TikTok). In these cases and for these purposes, we also have the appropriate usage rights.

  1. Restrictions on Use of the Services

4.1 You may only use the services and the services provided on the website for the intended purposes of the services. Any other use of the Services not expressly permitted to you in these Terms is (a) not permitted and (b) does not fall under the license granted to you in Clause 3.1 with respect to the Website. In particular, you have to adhere to the usage restrictions and obligations from paragraphs 4.2 to 4.3 and 6 at all times.

 

4.2 The User agrees not to publish any of the following content on the Website:

 

  • Illegal or unlawful content;
  • Content that is defamatory, offensive, slanderous, morally offensive, obscene, pornographic or involves discrimination;
  • Content that depicts a criminal offense and / or glorifies or encourages (i) violence and / or (ii) terrorism and / or (iii) racism;
  • Content that contains hate speech or harasses other Users of the Services;
  • Content that contains the personal data of other people or makes other people identifiable in any other way (this also includes the publication of videos of other people), unless (i) the other person has expressly consented to this publication, or (ii) there is a legal regulation that allows this publication in individual cases without the corresponding express consent of the other person;
  • Advertise commercial products and services that have not been approved by us and / or conduct, advertise and promote structural sales activities (such as multi-level marketing or multi-level network marketing);
  • Content that infringes the intellectual property rights of third parties (such as copyrights, trademarks);
  • Content that contains trade secrets of third parties (at least if disclosure of this information violates applicable law);
  • Content that offends other users and / or is sexually suggestive;
  • Fake news;

 

We reserve the right to delete user content that violates the provisions of Section 4.2.

4.3 By using the Services, the User undertakes:

 

  • not to implement malicious programs in the Services or to attack the Services and / or the Users of the App in any other way with (i) data containing viruses, worms, Trojans or other malware and / or (ii) spam messages;
  • not to carry out any actions that could jeopardize the functionality and / or security of the technical infrastructure of Olé for the services (in particular actions that overload the said infrastructure) and / or affect the appearance of the services;
  • not to create, build and / or operate third-party websites (e.g. (social media) fan sites), apps and platforms that consist entirely or largely of compilations of the content provided by other users of the Website without the unmistakably written consent of Olé and / or has been published on the website (this user generated content is also called “third party content”; these third-party websites, apps and platforms are also called “third party platforms”; if you are interested in operating a third party platform (for example an Olé fansite or a similar platform), contact us for approval before activating such a third-party platform, as the creation, construction and / or operation of such a third-party platform may result in that against you (in particular) a cease and desist declaration and / or claims for damages from third party users of the services and / or from Olé due to the violation of applicable (i) copyright law and / or (ii) the law against unfair competition);
  • Not to support third parties in creating, setting up and / or operating third party platforms without the written consent of Olé (such as, among other things, the provision of third party content to the operators of respective third party platforms);
  • to familiarize oneself with the respective risks of each exercise to be completed and to carry it out only according to physical and mental discretion; this applies in particular to exercises that have to be completed with physical effort;
  • Always keep an eye on the surroundings when completing the exercise and not endanger yourself or third parties; this applies in particular in public spaces that are also frequented by third parties (e.g. road traffic);
  • Not to assist third parties in extracting data from the Services (including Third Party Content and Service Content (see definition below in Clause 6.1)), in particular if this data is used for commercial purposes and / or published on third party platforms;
  • not to access the website accounts of other users without the approval of the respective website user;
  • Sell, rent, lease and / or offer products / goods and / or services on the Website.

     5. Further obligations of the user5.1 You are responsible for the contributions that are created by you or on your device. We cannot guarantee that all third party content is true and accurate. In general, we proactively check whether the content published by a user is (i) true and correct and / or (ii) violates applicable law. 5.2 In order to prevent your device and / or your Website account from being compromised by third parties (e.g. by malware), you must take all appropriate security measures, in particular you must have the latest updates for your device (especially updates for the operating system of devices). 5.3 If you become aware of security gaps in the services or of significant violations of these conditions by other users, we would be grateful if you report this to our support team (using the form on the website).

 

 

6. Intellectual Property in the Services6.1 The “service content” is our property or the property of the respective licensor and is subject to the protection of copyright, trademark law and / or other provisions for the protection of intellectual property (“service content” in the sense of these conditions includes all components of the services, i.e. data and materials, including images, graphics, illustrations, designs, symbols, photos, text and other descriptions, excluding user content and third-party content). 6.2 Any type of use and / or reproduction of the service content without our prior consent constitutes a violation of applicable law and is prohibited according to these Terms. 7. Availability / system failureInsofar as this is technically feasible and economically justifiable, we strive to make the services available around the clock. However, we cannot guarantee availability. Use may be temporarily restricted due to capacity bottlenecks, for reasons of security or system integrity or to carry out technical maintenance work with a view to the proper and / or better provision of the services. In these cases, Olé will take into account the legitimate interests of the customer, e.g. through timely information (if possible).

 

 

8. Limitation of Liability8.1 Olé is liable to the user in accordance with the provisions of the applicable product liability laws, in the case of willful intent for injury to life, body or health, if Olé assumes any guarantee, as well as in all other cases of mandatory legal liability, in each case in accordance with the statutory provisions. 8.2 In the event of a breach of essential contractual obligations (the so-called “cardinal obligations”), Olé is liable to pay compensation to the user for the damage incurred. Cardinal obligations are obligations, the violation of which endangers the achievement of the purpose of the contract, as well as all obligations, the fulfillment of which enables the proper execution of the contract in the first place and which you can generally trust to be observed. However, if the breach of a cardinal obligation only occurs through slight negligence and does not result in injury to life, body or health, the user’s claims for damages are limited to the foreseeable damage typical for the contract. 8.3 In all other cases, claims for damages against Olé – regardless of your legal basis, in particular due to the breach of a pre-contractual obligation or of obligations arising from the contractual relationship between the user and Olé by Olé, his legal representatives, employees or vicarious agents or due to unauthorized acts – locked out. 8.4 To the extent that Olé’s liability is limited or excluded in accordance with Clause 8, this also applies to the personal liability of Olé’s legal representatives, employees and vicarious agents. 8.5 All liability privileges, e.g. in accordance with Paragraph 8-11 of the German Telemedia Act (TMG) or Paragraph 598 of the German Civil Code (BGB) remain unaffected. 8.6 The aforementioned provisions from Paragraph 8 do not change the burden of proof to the disadvantage of the user. 8.7 Claims for damages by the user become statute-barred after the statutory limitation period has expired from the start of the statutory limitation period.

 

  1. Compensation

The User undertakes to indemnify, defend and release Olé from liability for all losses, expenses, liability, damage and claims (including reasonable legal fees) resulting from a culpable breach of user obligations in accordance with the Terms.

 

  1. References to other websites / content

Insofar as the services contain links, and references to third parties, in particular to third party websites, we have no influence on the current and future design and content of the linked websites and can therefore not assume any liability. Use of the content provided by third parties is at your own risk. Should you discover that we have linked pages with illegal or questionable content or refer to them in another form, please let us know so that we can remove the link as soon as possible.

 

  1. Data protection

We collect, process and use personal data insofar as this is necessary in accordance with our data protection guidelines.

 

 

12. Deletion of services for usersOlé can delete (terminate) the use of the services by the user, in particular ·      in the event of misuse or fraudulent use of the services by the user or in the event of justified suspicion of misuse or fraudulent use of the services by the user;·      if the user does not comply with the essential provisions of these terms of use (in particular the provisions in the aforementioned paragraphs 4 and 6);·      if the website is used on a smartphone on which usage restrictions or security functions of the manufacturer have been overridden or otherwise blocked functions have been activated; and or·      if Olé is entitled to terminate the contract in accordance with paragraph 13. 13. ContactFor complaints, feedback or questions about the services, please contact our support team (see contact information on the website).

 

 

14. Miscellaneous14.1 The current version of the terms of use can be viewed on the website. Corresponding links on our social media platforms lead to the current version of the terms of use on the website. 14.2 In certain circumstances, Olé may need to amend and / or supplement these Terms of Use (e.g. in the event of changes to the legal provisions applicable to the app). In this case, Olé will inform the user in a suitable form about the corresponding changes to the conditions. When using the app, this usually takes place as soon as the app is opened (again) by the user. The user is then asked to agree to the changed conditions. If the user does not agree or refuses to confirm the changed conditions, (i) the user has the right to immediate termination for good cause in accordance with paragraph 13 above, and (ii) Olé has the right to immediate termination for an important reason in accordance with paragraph 13 above, provided that the corresponding termination appears necessary for Olé and that the user is not disadvantaged by this contrary to good faith. Olé will inform the user of the aforementioned possible consequences of a rejection of the changed conditions of use by the user if the user is informed of the corresponding changed conditions. 14.3 Olé is neither willing nor obliged to participate in a dispute settlement procedure in a consumer arbitration board. 14.4 The laws of the Federal Republic of Germany apply to these terms of use. 14.5 Should individual provisions of these terms of use become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision must then be replaced by an enforceable provision that comes as close as possible economically to the purpose of the invalid provision. The same applies in the event that the terms of use contain loopholes.