Terms and Conditions

1. Preamble

These Terms and Conditions ("T&C") govern the contractual relationship between Digital Tribe GmbH, operator of the platform "Courtpass" ("Courtpass"), and professional sports facility operators ("Provider") who use the cloud-based booking and automation platform ("Service").

Courtpass enables Providers to digitally manage court bookings, equipment rentals, and snack/drink sales via connected vending machines. End users ("Users") may place bookings or purchase items through the Courtpass app or web interface. Courtpass provides the technical infrastructure but does not itself provide the sports or rental services and acts solely as a platform provider or intermediary.

By signing a contract or using the Service, the Provider agrees to these T&C.

2. Scope of Services

2.1 Platform Features

Courtpass offers a cloud-based platform for digital sports facility management, including:

• Online court booking (e.g., padel, tennis, badminton)
• Equipment reservation and automated rental via IoT-connected machines
• Snack and drink sales through smart vending machines
• End-user app and web booking portal
• Provider dashboard for managing courts, prices, time slots, inventory, and analytics
• Automated payment processing through third-party services (e.g., Stripe)
• Notifications (email, push, optional SMS)
• Integrations (calendars, hardware, POS/ERP systems)
• Analytics and usage statistics

Courtpass continuously improves and updates the Service. There is no entitlement to future functionalities.

2.2 Modifications to the Service

Courtpass may modify, enhance, or discontinue individual features as long as the essential usability of the Service is maintained.

3. Contract Formation and Registration

• The Agreement is concluded upon registration via the Courtpass website or upon activation of a subscription.
• The Provider must supply accurate and complete information and update it without delay in case of changes.
• Courtpass may reject registrations without providing reasons.

4. Pricing, Billing, and Payment

4.1 Pricing

Pricing is based on the selected subscription tier and usage-based components, including:

• Number of locations
• Number of vending/rental machines
• Booking volume
• Payment processing fees
• Transaction fees for rentals and purchases
• Storage, processing, and API usage

Price changes will be announced at least 4 weeks in advance.

4.2 Marketplace / B2B2C Transactions

Courtpass may charge a service fee per end-user transaction (e.g., court booking, rental, or product purchase).

The Provider is solely responsible for:

• Setting prices
• Tax classification of the offered services and goods
• Fulfilling all legal obligations (e.g., rental regulations, consumer rights)

Courtpass may process payments through third-party processors (e.g., Stripe) on behalf of the Provider.

4.3 Billing

Invoices are provided electronically on a monthly basis. Payments are due immediately. In case of non-payment, Courtpass may restrict or suspend access to the Service.

5. Subscription, Termination, and Plan Changes

5.1 Term

Subscriptions renew automatically on a monthly basis.

5.2 Termination

The Provider may terminate the subscription at any time with effect at the end of the current billing period. Termination must be submitted in text form (e.g., email).

5.3 Plan Changes

Downgrades are only possible if the Provider meets the requirements of the lower plan. Unused quotas expire upon termination or plan change.

6. Role of Courtpass, Providers, and Users

6.1 Courtpass as Platform Provider

Courtpass facilitates interactions between Users and Providers.

The Provider is fully responsible for:

• Provision of courts, spaces and services
• Safety and condition of facilities
• Equipment issuance and return
• Hygiene and maintenance
• Compliance with all legal obligations
• Handling of User complaints or disputes

6.2 No Responsibility for Third-Party Content

Courtpass is not liable for:

• Prices, schedules, descriptions, or availabilities configured by Providers
• Quality, performance, or delivery of Provider services
• Disputes between Providers and Users

Courtpass provides only the technical platform infrastructure.

7. IoT Vending Machines and Hardware

Courtpass enables integration of vending and rental machines. The Provider is responsible for:

• Stocking inventory
• Setting prices
• Physical maintenance
• On-site repairs or servicing

Courtpass does not provide warranties for third-party hardware.

8. AI-Based Features

8.1 Automated Processing

Courtpass may use AI-driven processes for:

• Pricing suggestions
• Demand forecasting
• Duplicate booking detection
• Fraud and abuse detection
• IoT anomaly detection

8.2 No Warranty

Courtpass does not guarantee the accuracy or reliability of AI-generated results.

9. Provider Obligations

The Provider agrees to:

• Use the Service in a lawful manner
• Provide Users with legally compliant Terms of Use and Privacy Notices
• Fulfill all consumer protection, tax, and contractual obligations toward Users
• Use only lawful data and content within the Service
• Prevent fraudulent or abusive use of the platform
• Keep access credentials secure and confidential

Courtpass may suspend or terminate the Agreement in case of violations.

10. Availability and Liability

10.1 Availability

Courtpass strives for high availability but cannot guarantee uninterrupted service. Interruptions may occur due to:

• Maintenance
• Network outages
• Failures at third-party providers
• Force majeure events

10.2 Liability

Courtpass is liable only for intent and gross negligence. Courtpass is not liable for:

• Malfunctioning of vending or rental machines
• Incorrect bookings made by Users
• Failures of third-party providers (payment, communication, hosting)
• Lost profits, indirect damages, or loss of data

Liability for death, personal injury, or health damage remains unaffected.

11. Data Protection

Courtpass processes personal data in accordance with GDPR and the German Federal Data Protection Act (BDSG).

11.1 Responsibilities

The Provider is the data controller for all end-user data related to bookings, rentals, purchases, and facility use.

Courtpass acts as data processor for the technical handling of these activities.

The Provider must:

• Provide legally required data protection notices to Users
• Obtain all necessary consents (e.g., for notifications, marketing)
• Ensure full GDPR compliance

11.2 International Data Transfers

The Data Protection Terms (including Standard Contractual Clauses) provided at https://courtpass.app/privacy form an integral part of these T&C.

12. Amendments to the T&C

• Courtpass may update these T&C.
• Updates will be communicated electronically.
• If the Provider does not object within 4 weeks, the changes are deemed accepted.
• If the Provider objects, Courtpass may terminate the Agreement with 2 weeks' notice.

13. Final Provisions

• German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• To the extent legally permissible, the place of jurisdiction is Hamburg, Germany.
• If any provision is invalid, the remaining provisions remain in effect.
• Invalid provisions shall be replaced by valid ones that come closest to the intended purpose.