Terms of Use

Skate Results is your Platform for inline speed skating events. At Skate Results, we offer you, among other things, functions for creating, registering for, and participating in inline speed skating events. We have created this Platform to provide you with a single place to handle all processes related to your inline speed skating events or your participation in them. All services associated with our Platform are governed by these Terms of Use. Section I “General Provisions” applies to all accounts, profiles, and also to non-registered users. Section II “Provisions concerning fee-based Organizer Services” applies (in addition to the provisions of Section I) to transactions involving the purchase of paid services from Organizers. Section III “Provisions concerning the creation and publication of an event” applies to our legal relationship with Organizers who publish an event.

General Provisions

General & Applicability

These Terms of Use apply to the services of sole proprietor Andreas Pätzold (hereinafter also referred to as “we” or “Andreas Pätzold”), which are provided to the user (hereinafter referred to as “user” or “you”) in the context of using our Skate Results Platform.

These Terms of Use apply regardless of whether you act as a consumer, entrepreneur, or merchant. Specific provisions for consumers are highlighted in the relevant sections of these Terms of Use where applicable. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business, or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business, or profession (§ 14 BGB).

Your general terms and conditions shall not apply, regardless of whether you expressly refer to them or we do not expressly object. Your general terms and conditions shall only become part of this contract if we expressly agree to them.

Scope of Terms

With Skate Results, we provide you with a Platform for the creation, registration, participation, and handling of other contractual and legal relationships related to all processes connected with inline speed skating events (hereinafter also referred to as the “Platform”).

The functions on our Platform are developed either by us or by third parties on our behalf and made available for you to access and use (hereinafter also referred to as “Platform Services”).

The functions of our Platform vary depending on how you use them. Participants in inline speed skating events have different rights when using a simple “Athlete Account” than Organizers of inline speed skating events when using an “Organizer Account.”

When using certain Platform Services, a direct legal relationship may arise between you as a participant and Organizers of inline speed skating events. This applies, for example, to participation in inline speed skating events or the purchase or booking of other items directly from Organizers.

Please note that we do not become a contracting party to any contract or other legal relationship concluded between you and an Organizer. If we enable you to enter into a contract or legal relationship with an Organizer through our Platform, we act solely as an intermediary and do not become a contracting party to the contract between you and the respective Organizer.

The subject matter of these Terms of Use is the provision of the Platform free of charge as well as your ability to use the Platform and its functions through a free profile, and, for example, in the context of creating and managing inline speed skating events, for which a corresponding usage fee may apply.

Our Platform Services include in particular:

• The ability for Organizers to create inline speed skating events through Organizer Accounts;
• The presentation and publication of inline speed skating events and their results;
• The ability to register for inline speed skating events, including processing the payment of fees;
• Other functions related to inline speed skating events.

An overview of the full range of services offered by our Platform can be obtained directly through the use of the Platform's functions.

Use & Registration

In the course of using our Platform Services, we distinguish between the general use of our Platform and further contractual or legal relationships that you may enter into with us or with Organizers by making separate bookings on our Platform.

To use our Platform Services and to access Organizer Services, registration and the creation of an account may be required. In principle, every account has the same functions. However, certain accounts may provide you with additional features. In particular, for the creation and management of inline speed skating events, you will need additional rights, which we can activate for your account. We therefore generally distinguish between the following roles: “Athlete Accounts” (including additional profiles created within Athlete Accounts – see also Section I.3, paragraph 4 below) and “Organizer Accounts.”

By creating an account, you may have access to additional functions, depending on your role, that are not available without an account.

Within an account, you have the option to create multiple athlete profiles. This option is relevant, for example, if you wish to create profiles for your children as a parent, or for athletes you coach as a trainer.

To register, the registration form provided on our Platform must be completed in full and truthfully and submitted to us. We are entitled to request written proof to verify the data provided.

By submitting the registration form, you make a binding offer to us to conclude a user agreement for a free basic version of our Platform. The user agreement is concluded when we confirm the registration and activate your account.

The following minimum technical requirements are necessary to use our Platform Services:

• Internet connection
• Current internet browser

Term & Termination

The free user agreement between us, which comes into effect when you create an account, generally continues indefinitely.

The terms of any other agreements or legal relationships that you enter into with us or with a service provider are governed by the provisions of the respective agreement between you and the service provider. These do not affect the duration of the user agreement concluded via our Platform.

The free user agreement between us may be terminated at any time without notice. Termination occurs through the deletion of your account.

The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. A good cause exists in particular if:

• you seriously violate these terms of use, or
• we decide to discontinue the Platform and cease its operation.

Rights of Use

You are granted a simple, non-exclusive, geographically unrestricted right to use our Platform services, which is limited in time to the duration of the respective agreement.

You are not entitled to reproduce, publicly display, in particular make publicly accessible, modify, adapt, translate, decompile, or otherwise transform our Platform services. Your rights under Sections 69d(3) and 69e of the German Copyright Act (UrhG) remain unaffected.

When creating inline speed skating events, sharing posts, uploading files and images, or disseminating information in connection with the use of our Platform services (hereinafter collectively referred to as “content”), you are solely responsible for ensuring that you do not infringe any third-party rights, in particular third-party copyright, and that you grant us the necessary usage rights to your content required to provide our Platform services. Unless we explicitly request further usage rights in individual cases, you grant us a simple, unlimited, worldwide, and unrestricted right to use your content for all types of usage necessary for the provision of the services.

The content of our Platform services (particularly on our Platform) is exclusively owned by us, or we are the exclusive rights holder, or the content is owned by/rights are held by our service providers. All content is protected by national and international law, in particular copyright law. Unauthorized distribution, reproduction, exploitation, or any other infringement of our intellectual property and copyright will be pursued civilly and/or criminally.

Accessibility

For technical reasons, we cannot guarantee permanent or uninterrupted availability of the servers on which our Platform services are operated. Temporary limitations in the availability of our website or individual services may therefore occur, particularly due to necessary maintenance or repair work.

Liability

Our liability arising from the user agreement concluded between us, regardless of the legal grounds, for your damages not resulting from injury to life, body, or health is limited in amount to the typically foreseeable damages at the time of conclusion of the contract and in scope to essential contractual obligations, provided that the damage was neither caused intentionally nor through gross negligence by us, our legal representatives, or our vicarious agents. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract and on which you regularly may rely.

We are unlimitedly liable for damages resulting from injury to life, body, or health, as well as for intentional, grossly negligent, or fraudulent acts. The same applies to any written guarantee regarding the quality or durability of a service to be provided by us.

Our liability under the Product Liability Act remains unaffected.

We do not provide any warranty or guarantee for the reliability, completeness, usefulness, or quality of the services offered by Event Organizers (see Sections II and III below). Provisions regarding these aspects are exclusively governed by the respective Event Organizer's terms and conditions, for which the Organizer is responsible. Should deficiencies in completeness, usefulness, or quality, or other errors in the Organizer's services result from incorrect information provided by you (e.g., during the use of our Platform or the booking process), we disclaim any liability. The liability of the Event Organizer is governed by their respective terms and conditions.

Should we be held liable by third parties due to actions you have taken on our Platform and resulting legal infringements, you are obliged to indemnify us from all related claims. This includes reimbursement of the costs of reasonable legal defense and other costs arising from such claims.

Principles of our Platform

We provide you with our Platform and its features solely as a technical basis for the purposes you carry out within the limits of the Platform services acquired. Except for statutory liability obligations and the provisions of these Terms of Use, we assume no responsibility for actions performed using our Platform or for content processed through our Platform. All actions you take, contracts you enter into, legal relationships, and content processed using our Platform are governed exclusively by the agreements and contracts you conclude with Event Organizers, other users, or third parties with whom you interact via the Platform, or by applicable law.

The use of our Platform services is generally subject to rental law provisions. Maintenance measures such as troubleshooting, updates, or further development are part of our service. Additional support may be provided upon agreement. Beyond maintenance measures, statutory rights regarding rental defects apply.

Adjustments, changes, and additions to our Platform services, as well as measures to detect and remedy malfunctions, will only lead to temporary interruptions or impairments in accessibility if technically necessary.

You may not make our Platform services available to third parties for commercial use.

Through links or functionalities on our Platform, you may access third-party websites or software not operated by us, for which we are not responsible. Such links or functionalities are either clearly marked or identifiable by a change in the browser's address bar or user interface.

We reserve the right to change, adapt, or expand our Platform services and related documents while considering your interests, provided that this does not violate our primary contractual obligations to you.

We protect our systems against viruses. However, virus infections cannot be completely excluded. Unauthorized third parties may also send messages under our name without our consent, which may contain viruses, spyware, or links to content with viruses or spyware. We have no control over this. You should therefore check all incoming messages sent under our name, including messages from other users.

We are not responsible for damage or data loss caused by the installation of software not provided by us on your devices.

You must not use your device, account, username, or another user's password without authorization under any circumstances. If a third party uses your account because you did not adequately secure your login credentials, you will be treated as if you acted yourself.

In case of reasonable suspicion that login credentials have become known to unauthorized third parties, we are entitled, but not obligated, to change the credentials or block account access at our discretion without prior notice for security reasons. We will promptly inform the legitimate user and provide new credentials upon request within a reasonable time. There is no entitlement to restore the original credentials.

You must inform us immediately if you become aware that unauthorized third parties know your account credentials or are using your device. Login credentials should be changed regularly for security reasons.

When using our Platform, you are prohibited from:

• Infringing third-party rights, including trademarks, copyrights, or personal rights,
• Harassing other users or third parties,
• Using measures, mechanisms, or software that may disrupt the function or operation of the Platform,
• Taking actions that could cause an unreasonable or excessive load on the Platform's technical capacities,
• Blocking, overwriting, or modifying content,
• Adding to, altering, deleting, or otherwise modifying Platform elements,
• Copying, extracting, or otherwise using graphical elements or attempting to decompile the Platform's source code (subject to § 69e UrhG),
• Using tools that interfere with the operation of the Platform (e.g., bots, hacks),
• Exploiting software or program errors to gain premium features or other advantages,
• Distributing commercial advertising for third-party products in connection with the Platform,
• Using malware, viruses, or other harmful files in connection with the Platform,
• Using mechanisms, software, or scripts beyond provided functionalities or interfaces, particularly if they block, modify, copy, or overwrite Platform services,
• Interfering with services through data manipulation (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidence (§ 269, 270 StGB), suppression of evidence (§ 274 StGB), computer fraud (§ 263a StGB), data espionage (§ 202a StGB), data interception (§ 202b StGB), or other criminal acts.

We are entitled to refuse access, suspend or exclude you or your profiles, or terminate any agreement with you extraordinarily if there are repeated complaints about you or if you repeatedly violate contractual obligations, these Terms of Use, communicated requirements, or applicable laws. You will be promptly informed and given an opportunity to respond. Before full suspension or exclusion, we will notify you in advance with reasons. If the reason for refusal, suspension, or exclusion is remedied, we will consider reinstatement.

Applicable Law & Place of Jurisdiction

For all rights and claims arising from or in connection with the agreement, German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory law takes precedence.

If you act as a business or as a merchant within the meaning of the German Commercial Code (HGB), our registered office shall be the place of jurisdiction for all disputes arising from this agreement. For agreements with consumers, the statutory provisions regarding the competent court shall apply.

Confidentiality

In the course of the collaboration, both parties may gain knowledge of trade secrets of the other party or of third parties. A trade secret is information that is not generally known or readily accessible to persons who usually deal with such information, that has economic value, and is therefore subject to appropriate confidentiality measures (cf. § 2 German Trade Secrets Act – GeschGehG). A trade secret also includes information that is marked as a trade secret, protected by intellectual property rights or copyright, falls under banking secrecy or data protection, and for which there is a legitimate interest in confidentiality. Information that is not a trade secret includes information that was known to the other party before disclosure, that becomes public without the involvement of the disclosing party after disclosure, that the disclosing party learned from a legitimate third party, or that the disclosing party developed independently.

The receiving party, as well as all persons who come into contact with trade secrets in the course of their duties, are obliged to treat trade secrets as strictly confidential and to use or disclose them to third parties or employees only to the extent necessary for the business purpose. Otherwise, the receiving party shall protect the trade secrets from third-party access.

Objects, files, or other intangible items containing trade secrets must, upon request of the disclosing party or at the latest upon termination of the contractual relationship, be deleted immediately or returned to the disclosing party.

Digital Services Act

The following provisions are made because we are obliged under the Digital Services Act (DSA), EU Regulation (EU) 2022/2065 on a Single Market for Digital Services of the European Union.

The Digital Services Act aims to establish rules to create a safe, predictable, and trustworthy environment for individuals interacting with Platforms and websites (hereinafter “Platforms”) like ours.

The DSA regulates, in particular, the handling of illegal content on our Platform and requires us to take specific measures, which are outlined in these “Digital Services Act Provisions.”

Moderation & Justification for removal

We delete, block, or restrict illegal content on our Platform. “Content” in this section refers to any type of information. Content is considered “illegal” if it violates our Terms of Use, service descriptions, guidelines, or applicable law.

Illegal content may be reported by users, customers, partners, or third parties. The reporting procedure is described below under section b “Reporting and Redress Procedure.”

If reported or self-identified content is illegal and we have deleted, blocked, or restricted it, we provide a justification for the removal, blocking, or restriction of the content and any suspension or termination of the whole or part of our services to the person who published the illegal content, except in cases of misleading, extensive commercial content. The justification includes, in particular:

1. Whether our decision removes the content, blocks access, downgrades the content, restricts its display, or suspends/terminates payments related to it, including the geographical scope and duration of the decision;
2. The facts and circumstances on which the decision is based, including whether the decision resulted from a report or voluntary review, and if strictly necessary, the identity of the reporting party;
3. Whether automated means were used for the decision, including if the content was identified through automated processes;
4. If the decision concerns allegedly illegal content, a reference to the legal basis and explanation of why the content is considered illegal;
5. If the decision is based on alleged violation of our Terms of Use, a reference to the relevant contractual provision and an explanation of why the content is inconsistent with it;
6. Information on available remedies, including internal complaints procedures, alternative dispute resolution, and legal remedies.

If a criminal offense has been committed by the publication of illegal content, or if there is suspicion of such an offense, we will immediately report it to law enforcement or judicial authorities.

Reporting & Redress

We review illegal content as soon as we become aware of the suspected publication. Awareness arises either through our own review or through a report to our central contact point (see section c below).

Reports of illegal content can be made directly online and must be directed exclusively to our central contact point (see section c) and include at least the following information:

1. A reasoned explanation of why the reporting party considers the information illegal;
2. Precise information on the location of the content, e.g., exact URL, and any additional helpful information such as screenshots or annotations;
3. Name and email address of the reporting party, except in cases related to sexual abuse, exploitation, child pornography, or sexual solicitation of children, including incitement, aiding, or attempts under these offenses (cf. EU Directive 2011/93/EU, Articles 3–7);
4. A declaration of good faith that the information provided is accurate and complete.

We will promptly send an electronic acknowledgment of receipt to the reporting party.

We review all reports promptly, carefully, objectively, and without arbitrariness, and decide whether the reported content is illegal without in-depth legal examination, and act accordingly. If content is deemed illegal, we will immediately delete, block, or restrict it and, if applicable, take further measures as described in section a (3).

Central Contact Point

We have established a central contact point responsible for receiving electronic reports of suspected illegal content and for inquiries from authorities or third parties regarding the handling of illegal content. Please follow the reporting requirements outlined in section b.

All individuals, authorities, or other entities (press, affected parties, etc.) can report illegal content directly online at: support@skateresults.app

We will then process all reports according to the procedures described in sections a–c.

Miscellaneous

Should any provision of these Terms of Use be or become invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected, unless the removal of individual clauses would unreasonably disadvantage one party to such an extent that enforcement of the contract can no longer be expected.

Amendments and additions to the Terms of Use or the entire agreement between us require text form to be effective, unless the following explanations prescribe special form or procedural requirements:

1. Amendments and additions made due to changed legal or technical requirements for our service provision, which do not negatively affect the Platform services to which you are entitled, shall become effective if you do not object within one (1) month after receiving a notice of amendment in text form, and if we have informed you in advance of your right to object. If you object to the amendment, the agreement remains unchanged, and we are entitled to extraordinary termination of the agreement with one (1) month's notice to the end of the next calendar month.
2. Amendments and additions to the agreement that we wish to make due to changes in services, fees, or other commercial or operational requirements which negatively affect your contractual relationship shall only become effective if you expressly consent. Consent may be given by clicking a consent button in the amendment notice (email or pop-up during use of our services) or via another simple and transparent method provided by us. If you do not consent, the agreement remains unchanged, and we are entitled to terminate the agreement in accordance with the agreed contractual notice periods.
3. Text form also applies to amendments to this clause. The priority of individual side agreements remains unaffected.
4. The above time periods do not apply, and there is only an information right regarding amendments if the changes are necessary to prevent an unforeseen and imminent danger, e.g., to protect you from fraud, malware, spam, data protection violations, or other cybersecurity risks.

Both parties are entitled to transfer the agreement to an affiliated company, a legal successor, or a company taking over the respective Platform services. Each party shall inform the other in text form prior to the planned transfer.

Provisions concerning fee-based Organizer Services

Contracting

A contract for the use of paid services, in particular for your bookings to participate in inline speed skating events or other “Event Organizer Services” (for the definition, see Section III. Paragraph 17 (1) below), is concluded as follows:

1. On our Platform, you will find, within the scope of a specific announcement of an inline speed skating event and at every point where you can purchase paid services, information on the content and cost of the services offered by the Event Organizers. This information does not yet constitute an offer to conclude a contract, but only a non-binding invitation to purchase the Event Organizer Services.
2. Only by completing the corresponding booking process do you make a binding offer to the Event Organizer for the conclusion of a contract to purchase the corresponding Event Organizer Services. We accept this offer on behalf of the Event Organizer with respect to the Event Organizer Services.
3. Before completing the booking process, we will inform you of the costs of the service and give you the opportunity to review these Terms of Use as well as the Event Organizer's terms and conditions.
4. Additionally, before completing the booking process, we provide you with the opportunity to check and correct your entries if necessary.
5. After completing the booking process, you will receive from us an acknowledgment of receipt of your booking to the email address you provided. This acknowledgment of receipt constitutes – subject to any differing provisions in the booking process or the acknowledgment itself – the acceptance of your offer to conclude a contract with the Event Organizer. We communicate this acceptance to you on behalf of the Event Organizer with respect to the Event Organizer Services.
6. Upon full payment for the purchased Event Organizer Services, you obtain the right to use the purchased services under the terms specified in these Terms of Use and in the applicable Event Organizer's terms and conditions.

Payment

The type and amount of the fee for the Event Organizer service you book will be communicated to you during the booking process, in the booking overview, and in the booking confirmation, and unless explicitly stated otherwise, include statutory VAT.

During the booking process, you will be informed of the available payment methods and can choose the one that is suitable for you.

If we involve third parties in processing the payment, their terms and conditions shall additionally apply.

If you miss a statutory or agreed payment deadline, you shall be in default immediately, and we are entitled to claim corresponding default interest.

For payments made within the European Union (EU), we do not charge any additional fees for any of the payment methods we use.

Terms of Organizers

If you book an Event Organizer service, for example, your participation in an inline speed skating event, the contract for this service is concluded between you and the Event Organizer. We act solely as an intermediary for such services. Accordingly, a free brokerage agreement between you and us is concluded, which is governed by these Terms of Use.

The specific terms and conditions applicable between you and the respective Event Organizer are determined exclusively by the information provided by the Event Organizer, which you can review during the booking process. These terms become part of the contract concluded between you and the Event Organizer through us as intermediary.

In case of issues with the booked Event Organizer Services or other problems related to your booking, you must contact the respective Event Organizer. Therefore, your contractual partner regarding your booking of Event Organizer Services is exclusively the Event Organizer.

The Event Organizer's terms and conditions apply solely to the Event Organizer Services you have booked with them.

Provisions Regarding the Creation and Publication of an Event

Creation of Events

If you wish to create inline speed skating events, you can do so using an already registered account or by registering a new account for this purpose. Registration of an Event Organizer account as well as the creation and publication of inline speed skating events is exclusively reserved for actual Event Organizers, such as clubs, associations, organizations, etc. The corresponding verification is conducted by us during the registration of an Event Organizer account.

By registering an Event Organizer account and creating inline speed skating events using such an account, you declare to us that you have been authorized by the respective Event Organizer to act on their behalf, including submitting and receiving all related declarations of intent, invoices, and other communications for the Event Organizer (as their representative or agent).

During the creation of events via an Event Organizer account, we will ask you to provide specific information regarding the event, its execution, and management. You are required to answer these questions truthfully.

Agency Services

Unregistered athletes, holders of athlete accounts, and the athletes created within these athlete accounts who are interested in participating in the inline speed skating events you create via an Event Organizer account, have the opportunity to book the services you offer, such as your inline speed skating events (all services you provide to athletes and athlete account holders are hereinafter referred to as “Event Organizer Services”). If users make use of this option, the supplementary provisions of Section III. Paragraph 17 apply.

Unless expressly agreed otherwise, a contractual or legal relationship for the use of your Event Organizer Services arises directly between you and the users. Accordingly, the Skate Results Platform generally serves only as a technical environment for presenting your Event Organizer Services. We do not become a contracting party to agreements concluded directly between you and the users.

You are responsible for preparing, complying with, and providing your own terms and conditions, including general terms, participation conditions, and cancellation policies, which apply to your contractual relationship with the athletes, so that we can make them available to athlete account holders or athletes created within these accounts during the booking process of your Event Organizer Services.

You are solely responsible for obtaining, at your own expense, all legally and officially required permits and licenses necessary or appropriate for the operation or execution of your Event Organizer Services and for providing them upon request.

You grant us all (copyright) usage rights and industrial property rights necessary for marketing, distribution, and, if applicable, support measures regarding your Event Organizer Services, protected names and terms, trademarks, content, etc.

If we require further information, documents, or data regarding the intermediation of your Event Organizer Services via our Skate Results Platform, you must provide these immediately upon request.

You are fully responsible for the contractual relationship concluded between you and athlete account holders or athletes created within these accounts. Should we be held liable by an athlete account holder or an athlete created within these accounts without being at fault, you agree to indemnify us immediately upon first request and reimburse us for the reasonable costs of legal defense.

Fees

For the creation, publication, and management of your Event Organizer Services on our Platform, we charge you the fees communicated to you during the creation of the respective Event Organizer service.

Invoices for the fees due according to our criteria are issued to you after the completion of the respective event.

If we are liable to charge VAT, we will inform you of this in the invoice.

Our invoices are due upon receipt and must be paid without deductions within 14 calendar days to the account specified in the invoice. We are entitled to collect all fees via payment service providers. Should we use such providers, you must also comply with their terms and conditions when using their services. We do not charge any additional fees for the use of any of these payment service providers.

Travel expenses and per diems are to be reimbursed separately. If the parties have not made a specific arrangement, reimbursement will be according to the maximum tax rates applicable at the time of service provision (currently EUR 14 for an absence of more than 8 hours, EUR 24 for an absence of more than 24 hours, and EUR 0.40 per km for the use of a car).