Terms of Use of MySportFriend

Updated: April 1, 2025

Welcome to MySportFriend! MySportFriend provides the MySportFriend apps and the website mySportFriend.com. Our services allow users to create a profile to find friends, sports partners, and activities and to participate in the MySportFriend community.

These Terms of Use apply to the use of MySportFriend’s services. Please read these Terms of Use carefully so that you understand your rights and obligations regarding these services. By accepting these Terms of Use, you enter into a legally binding agreement with MySportFriend regarding the use of the services. If you use the services in any way, you agree to these Terms of Use. Certain terms in singular and plural have the meanings assigned to them in Section 15: Definitions of these Terms of Use.

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1. Scope

These Terms of Use are an essential part of the agreement and apply to all use of the services by users. MySportFriend may change these Terms of Use at any time. Each user will be notified separately via email and/or private message and/or upon logging into the services about any changes. The new version of the Terms of Use will be available for viewing and download on the website and/or in the app. If the user continues to use the services after a change or supplement to these Terms of Use, the user irrevocably agrees to the amended or supplemented Terms of Use. If the user does not agree with the amended or supplemented Terms of Use, they must stop using the services and delete their account. If any provision of these Terms of Use (in part) is invalid or unenforceable, the remaining provisions shall remain fully valid and enforceable. In such a case, MySportFriend will replace the invalid or unenforceable provisions with new provisions while maintaining the purpose and intent of the original provision as much as possible. These Terms of Use were originally drafted in English and may have been translated into other languages. In case of conflict, the English version prevails. If a dispute arises between the parties regarding the interpretation of a legal term, the Swiss interpretation of the legal term prevails.

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2. Use of Services

MySportFriend grants the user a non-exclusive, non-transferable, limited right to access and use the services for private, non-commercial purposes. The user acknowledges and agrees that MySportFriend does not pre-screen user-generated content and has no influence over the content that users provide through the services. MySportFriend is not responsible for user content or the use of services by users. However, MySportFriend has the right (but not the obligation) to review, edit, restrict, or block user content at its own discretion, especially if a user has previously been excluded from using the services.

Prohibited activities include, but are not limited to:
• Uploading software such as viruses or trojans that could harm or disrupt systems.
• Bypassing security measures of MySportFriend or third-party computer systems.
• Overloading the MySportFriend infrastructure with excessive traffic.
• Engaging in spamming, phishing, or fraudulent activities.
• Violating intellectual property or privacy rights of others.
• Sharing illegal or inappropriate content, including child pornography or violence.
• Encouraging criminal activities or harm to others.

The use of services is at the user’s own risk. The user is responsible for ensuring that they have the necessary technical requirements and security measures in place to access and use the services.

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3. Account

To fully utilize the services, the user must create an account. Users must protect their account credentials and are fully responsible for all activities under their account. If a user suspects unauthorized access, they must inform MySportFriend immediately. The services are only available to users aged 18 or older. By accessing the website/app and using the services, the user confirms that they are at least 18 years old. Users may create a group account (formerly called a club/guide account) if they are acting as an authorized representative of an establishment, institution, company, or organization.

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4. Additional Services

Additional services may be offered for a fee, as listed on the website/app. Prices are in Euros and include VAT and applicable taxes. If paid through the Apple App Store or Google Play Store, the currency depends on the user’s location. Payments are non-refundable once the service has been accessed.

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5. Intellectual Property Rights

MySportFriend retains all intellectual property rights in the services. Users retain ownership of their uploaded content but grant MySportFriend a non-exclusive, worldwide, royalty-free license to use the content within the services. Users control the visibility of their content. Deleted content may remain stored in backups but will not be publicly visible.

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6. Database

The data collected through the services is considered a database under Directive 96/6/EC on the legal protection of databases. Users may not extract or reuse substantial parts of the database without prior written consent from MySportFriend.

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7. Privacy

User data is processed in accordance with the Privacy Policy, Swiss data protection laws, and the General Data Protection Regulation (GDPR).

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8. Reporting Violations

Users can report content that violates the rights of others. MySportFriend may take action, including:
• Warning the responsible user.
• Deactivating or deleting the user’s account.
• Removing user content.

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9. Service Interruptions

MySportFriend does not guarantee that the services will always be error-free or uninterrupted. The services are provided “as is”, and MySportFriend is not liable for temporary outages.

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10. Limitation of Liability

To the fullest extent permitted by law, MySportFriend disclaims all liability for any damage resulting from the use of the services.

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11. Termination

Users may terminate their agreement by deleting their account. MySportFriend may also restrict or terminate access without prior notice.

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12. Third-Party Services

MySportFriend may involve third-party service providers to operate the services.

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13. Contact

All communication between the user and MySportFriend shall be in German.

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14. Governing Law & Jurisdiction

These Terms of Use, the agreement, and the use of services are governed by Swiss law.

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15. Definitions
• Account: The user’s personal profile created to use the services.
• User: A natural person who has registered for an account.
• Services: All services provided by MySportFriend.
• User Content: Any content uploaded by the user.

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This is the full version of the MySportFriend Terms of Use. Please read them carefully to understand your rights and obligations when using MySportFriend.