General Terms and Conditions (AGB)

Version as of: 12 October 2026 (version 4)

For contracts concluded before this date, the version in force when the contract was concluded (of 21 August 2026 or of 23 September 2026) continues to apply for as long as the user does not expressly agree to the change. This affects in particular billing (§ 4(4)) and term and termination (§ 10).

Note: For better readability, the masculine form is used for references to persons. It applies equally to all genders.

§ 1 Scope

(1) These General Terms and Conditions (hereinafter “Terms”) apply to the use of the platform Fußball-Performance.de (hereinafter “Platform”), operated by Andrzejewski, Mahnke, Hengelhaupt & Bornholdt Fussball-Performance GbR (hereinafter “Operator”).

(2) The Platform is aimed at coaches, assistant coaches, players and legal guardians of youth football teams.

(3) The Operator's contracting party is whoever orders the Platform. As a rule, this is the individual coach for his team. If a club orders the Platform for several of its teams or books the club add-on under § 15, the club is the contracting party; the person placing the order then acts in its name and with its power of representation.

(4) If the contracting party is a consumer within the meaning of Section 13 of the German Civil Code (BGB) — as a rule where a coach orders as a private individual and not on behalf of a club —, the mandatory provisions on consumer distance contracts apply in addition, in particular the right of withdrawal under Sections 312g and 355 BGB.

(5) Deviating, conflicting or supplementary general terms and conditions of the user do not become part of the contract, unless the Operator expressly agrees to their application in writing.

§ 2 Registration and user account

(1) Use of the Platform requires registration. Access is set up by the respective team coach (administrator).

(2) Each user receives a personal account with login credentials. The user is obliged to change his password on first login and to treat his login credentials confidentially.

(3) Players under 16 may use the Platform only with the consent of a legal guardian. The coach setting up the account is responsible for obtaining the consent before the account is created. The Platform provides a digital declaration of consent for this purpose.

(4) There is no entitlement to registration. The Operator may refuse to set up an account without giving reasons.

(5) When setting up a team, the coach expressly warrants that he is authorised to do so by his club or the competent club or department management and that he maintains the team data within the scope of this authorisation. The Operator is not obliged to verify this authorisation; the coach is liable for damage resulting from an incorrect warranty, subject to the indemnification under § 5(5).

§ 3 Scope of services

(1) The subject matter of the contract is the continuous provision and use of the digital platform Fußball-Performance including the agreed functions and content. The Platform provides digital tools for squad management, training planning, matchday documentation, performance analysis, team communication and team organisation.

(2) The specific scope of functions depends on the plan chosen by the team (Pro or Elite). The respective services are described on the pricing page at fussball-performance.de/preise.

(3) The Operator is entitled to extend or change the scope of functions of the Platform at any time or to discontinue functions, provided this is reasonable for the user. Material restrictions will be announced with a notice period of 4 weeks.

§ 4 Plans and payment

(1) For use by an individual team, the Platform offers two plans:

— Pro: €5 per month per team
— Elite: €10 per month per team

(2) The club add-on under § 15 costs €15 per month per club — regardless of how many teams the club manages through it. It is booked in addition to use by the individual teams. For this, the Operator grants a free trial period of four weeks.

(3) All prices include statutory value added tax, where applicable.

(4) Billing. The fee is invoiced in advance for the respective contract period. During the initial term (§ 10(1)), annual billing is the standard case; it corresponds to twelve times the monthly amount. On request, the Operator also offers monthly or quarterly billing during the initial term. After the initial term has expired, billing is monthly. Invoices are payable within 14 days of receipt without deduction. § 4a applies to contracts concluded via the website.

(5) Price changes will be announced at least 4 weeks in advance and take effect at the earliest at the start of the next contract period. In this case, the user has a special right of termination effective at the time the price change takes effect.

(6) The Operator may grant individual teams or clubs special terms or free use without this giving rise to any entitlement for other users. Terms already agreed remain unaffected, even if a plan is no longer offered at a later date.

(7) Trial phase. In addition to the trial period for the club add-on mentioned in paragraph 2, the Operator may grant individual teams a free trial phase. He decides its duration on a case-by-case basis; there is no entitlement to it. During the trial phase there is no payment obligation and no minimum term, and it can be ended at any time without notice. For an order placed via the website, the trial phase is 21 days; details are set out in § 4a(3).

§ 4a Ordering via the website

(1) Offer. The Pro and Elite plans can each be ordered for one team via the website. The club add-on (§ 15) is not ordered via the website but on request from the Operator.

(2) Conclusion of the contract. The presentation of the plans on the website is not yet a binding offer. By clicking “Order with obligation to pay”, the customer submits a binding offer. The Operator accepts it by activating the team and confirming the contract by email. This usually happens immediately after the order. The language of the contract is German. The Operator stores the contract text; the customer receives it with the contract confirmation.

(3) Trial phase. The first 21 days from conclusion of the contract are a free trial phase. If the customer terminates before it expires, the contract ends at the end of the trial phase without any payment becoming due. Otherwise, the initial term under § 10(1) begins at the end of the trial phase. Before the end of the trial phase, the Operator reminds the customer by email of the upcoming charge.

(4) Payment. When ordering, the customer stores a credit card or grants a SEPA direct debit mandate. Payment is processed by the payment service provider Stripe. At the end of the trial phase, the fee for the initial term is charged in one amount (twelve times the monthly amount). After the initial term has expired, the monthly amount is charged monthly in advance. The customer receives an invoice by email for every charge. § 4(4) sentences 3 and 5 do not apply to these contracts. For SEPA direct debits, the customer and the Operator agree on a pre-notification period of at least two calendar days before the respective debit date. The pre-notification may also be given together with the invoice or by other electronic means; recurring monthly debits of the same amount may be announced together in one notice.

(5) Failed charge. If an amount cannot be charged, the charge is attempted again over the following days; the customer is informed of this by email and can store a different means of payment. If payment is still not made after that, the Operator may terminate the contract without notice. Until then, access remains in place. The Operator does not charge any fees for failed charges.

(6) Right of withdrawal. Consumers have the statutory right of withdrawal in accordance with the instructions on withdrawal. To customers who are not acting as consumers, the Operator voluntarily grants a contractual right of withdrawal with corresponding content.

(7) Taking back a termination. If the customer has terminated, he can take back the termination via the link “Continue contract” in the confirmation email until the day on which it takes effect; the contract then continues on unchanged terms. A declared withdrawal ends the contract; anyone who wishes to use the service afterwards places a new order.

§ 5 Obligations of the user

(1) The user undertakes to use the Platform exclusively for the intended purposes (team organisation, training planning, team communication).

(2) The user ensures that the data he enters is correct and up to date.

(3) In particular, the following is prohibited:

— uploading unlawful, insulting, discriminatory or youth-endangering content;
— using the Platform for commercial purposes that go beyond club/team operations;
— attempting to gain unauthorised access to data of other teams or users;
— systematic extraction of data (scraping);
— passing on login credentials to third parties.

(4) In the event of breaches of these obligations, the Operator may block or delete the user account after prior warning.

(5) The user indemnifies the Operator against all third-party claims based on a culpable breach of these obligations by the user, including reasonable costs of legal defence. The Operator will inform the user without delay of any claims asserted and give him the opportunity to participate in their defence.

§ 6 Data and data protection

(1) The Operator processes personal data exclusively in accordance with the privacy policy (in German) and the requirements of the General Data Protection Regulation (GDPR).

(2) As part of team organisation, performance data of players (ratings, match statistics, training attendance) is recorded and made accessible to the coaching team within the team. Players and parents can view their own data. Ratings by coaches are visible only to the coach role.

(3) The user can export his data at any time in a machine-readable format (JSON). After the end of the contract, the data is deleted automatically under § 10(6), or earlier on request.

§ 7 Intellectual property

(1) The Platform, including design, code, texts and graphics, is protected by copyright and is owned by the Operator.

(2) Users grant the Operator a simple, non-transferable right of use in uploaded content (photos, texts), which serves exclusively the purpose of providing the Platform's functions. The user remains the holder of all rights in his content.

(3) When an account or team is deleted, all user-generated content is removed from the server completely.

§ 8 Availability and maintenance

(1) The Operator endeavours to keep the Platform available as continuously as possible. There is no entitlement to uninterrupted availability.

(2) Maintenance work, updates and technical faults may lead to temporary outages. Planned maintenance work will be announced in advance where possible.

(3) Data backups take place automatically at regular intervals. However, no guarantee can be given that all data can be restored at any time.

§ 9 Liability

(1) The Operator develops and operates the Platform with the greatest possible care. The following liability provisions apply regardless of whether the respective function is used free of charge or under a paid plan (§ 4).

(2) The Operator is liable without limitation for damage resulting from injury to life, body or health and for damage caused intentionally or through gross negligence.

(3) In cases of slight negligence, the Operator is liable only for breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage typical for this type of contract.

(4) Liability for loss of data is limited to the typical restoration effort that would have arisen with regular backup copies made in line with the risks involved.

(5) The limitations of liability do not apply to claims under the German Product Liability Act (Produkthaftungsgesetz) or where a guarantee has been given.

(6) The training, line-up and rating functions provided on the Platform supply supporting information. They do not replace coaching, medical or educational assessment by qualified personnel and do not make independent decisions about training content, match appearances or the health-related resilience of individual players. The Operator is not liable for decisions made on the basis of this information; responsibility lies with the respective coaches in charge and the club.

§ 10 Term and termination

(1) Minimum term. The paid contract is concluded for an initial term of twelve months, counted from the day of activation; for an order placed via the website (§ 4a), counted from the end of the trial phase. Ordinary termination can be declared at any time; during the initial term it takes effect at its end.

(2) Thereafter. After the initial term has expired, the contract continues for an indefinite period and is billed monthly (§ 4(4)). The user can then terminate it at any time to the end of the current billing month. The billing month is in each case the month that begins on the day on which the initial term ended and on the corresponding day of the following months; for contracts concluded via the website (§ 4a), the month from one debit date to the next. The Operator may terminate with one month's notice. There is no automatic renewal for a further fixed term.

(3) Form. Termination can be declared informally by email to [email protected] or, without logging in, via the button “Cancel contracts here” on the website. The Operator confirms receipt and the termination date in text form. Until the day on which the termination takes effect, the user can take it back; the contract then continues unchanged.

(4) Fees already paid. If the contract ends by ordinary termination, the service remains usable until the end of the paid contract period; no pro rata refund is made in this respect. If, however, the Operator terminates ordinarily, discontinues the service or the user terminates for good cause for which the Operator is responsible, the Operator refunds the portion attributable to the unused period.

(5) The right of both parties to terminate for good cause remains unaffected.

(6) After the end of the contract. The team account is deactivated. All associated data is permanently deleted four months after the end of the contract. The Operator announces the deletion in text form 30 and 7 days beforehand. Until then, the user can export his data, continue the contract or request earlier deletion. If a free trial phase (§ 4(7) sentences 1 to 3) ends without a contract being concluded, the data is deleted three months after its end, with notice given 14 days beforehand. If a contract concluded via the website is terminated during the trial phase, sentences 1 to 4 apply. If it is withdrawn from, the team account and all associated data are, by way of derogation, permanently deleted 28 days after receipt of the withdrawal; the Operator announces the deletion in text form 7 days beforehand. Invoices are retained within the scope of the statutory retention obligations.

(7) Club add-on and teams. The club add-on and the contracts of the individual teams are independent of each other. If a club terminates the club add-on, the teams whose fee the respective coach pays himself continue to exist. Teams whose fee the club has taken over end with the club contract; beforehand, the Operator offers the respective coach in text form to continue the team at his own expense. If the coach does not accept the offer within 30 days, paragraph 6 applies.

(8) Individual player or parent accounts can be deleted at any time by the team administrator or on request to the Operator.

§ 11 Minor users

(1) Players under 16 require the consent of a legal guardian to use the Platform. The Platform provides a digital GDPR declaration of consent for this purpose.

(2) Via their parent account, legal guardians have full insight into the data stored about their child.

(3) Legal guardians can withdraw their consent at any time. In this case, the player account is deactivated and the data is deleted.

§ 12 Changes to the Terms

(1) The Operator reserves the right to amend these Terms with effect for the future insofar as this becomes necessary due to a change in the legal situation, supreme court case law or official requirements, or where the amendments are editorial adjustments that do not affect the relationship between performance and consideration.

(2) Changes under paragraph 1 will be communicated to users in text form (by email or via the Platform) at least 6 weeks before they take effect.

(3) If the user does not object to a change under paragraph 1 within 6 weeks of receipt of the change notice, it is deemed accepted. The user will be separately informed in the change notice of the deadline and of the fact that his silence is deemed consent.

(4) Changes that affect the relationship between performance and consideration or substantially alter the content of the contract — in particular the introduction or increase of fees and the discontinuation of essential functions — require the express consent of the user. If the user does not give it, the contract continues on the previous terms; the right of both parties to ordinary termination under § 10 remains unaffected.

(5) The special right of termination in the event of price changes under § 4(5) remains unaffected.

§ 13 Governing law and jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the user is a consumer, the mandatory consumer protection provisions of the state in which the user has his habitual residence apply, insofar as they are more favourable to the user.

§ 14 Severability clause

Should individual provisions of these Terms be or become invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective the contracting parties pursued with the invalid or unenforceable provision.

§ 15 Club add-on

(1) In addition to use by an individual team, clubs can order the paid “club add-on”. The club add-on enables the central administration of several of a club's teams by organisational roles designated by the club (e.g. head of department, coordinator, groundskeeper, hereinafter “Org users”).

(2) The Operator's contracting party for the club add-on is the club, represented by a person authorised to do so. The club warrants that the Org users it designates are authorised to administer the respective club-related data.

(3) Insofar as personal data is consolidated or administered club-wide across individual teams within the club add-on, the club is the controller within the meaning of Art. 4(7) GDPR in this respect. For this purpose, the club and the Operator conclude the data processing agreement (DPA) for the club add-on (in German) pursuant to Art. 28 GDPR, which is deemed concluded at the same time as the club add-on is ordered.

(4) In all other respects, the remaining provisions of these Terms apply accordingly to the use of the club add-on.