Terms of Service

These Terms of Service ("ToS") govern all contracts between Lukas List, Am alten Marktplatz 3, 35423 Lich, Deutschland ("Courtly") and the customer for use of the Courtly SaaS platform. The customer's own terms and conditions are not recognised unless Courtly has expressly agreed to them in writing. The contract language is German.

The contract is formed when the customer registers on the platform and expressly accepts these ToS. By completing registration the customer confirms having read and accepted these ToS. The current version of the ToS is available at https://courtly.social/agb.

Courtly provides the customer with a cloud-based software platform for managing sports facilities, members, bookings, events, and payments. The scope of available features depends on the customer's chosen plan. Courtly may develop, modify, or discontinue individual features of the platform provided the customer is notified in advance and there is no material impairment of the purpose of the contract.

The customer agrees to use the platform for lawful purposes only. Prohibited uses include: distributing unlawful content, abusive use of the platform, sending unsolicited messages (spam), and any use that infringes third-party rights. The customer is the data controller under the GDPR for the personal data of their members and is responsible for processing it in compliance with applicable law. A data processing agreement between Courtly and the customer is available at https://courtly.social/avv.

Use of the platform is subject to a monthly or annual fee in accordance with the pricing model applicable at the time of contract formation. For card payments by guest bookers processed via Stripe Connect, Courtly charges a platform fee of 5 % per transaction, which is deducted before the payout to the customer. In the event of late payment, Courtly is entitled to temporarily suspend access to the platform until the outstanding amount is settled.

The contract runs for an indefinite period and may be terminated by the customer at any time with effect from the end of the current billing period. Courtly may terminate the contract with 30 days' notice. The right to extraordinary termination for good cause remains unaffected. Good cause includes in particular repeated breaches of these ToS or significant payment default.

Courtly endeavours to maintain high platform availability but does not guarantee uninterrupted accessibility. Scheduled maintenance will be announced in advance where possible. Courtly is not liable for outages caused by force majeure, technical failures of third parties, or other circumstances outside its control.

Courtly's liability is limited to intent and gross negligence. In cases of simple negligence, Courtly is only liable for breach of material contractual obligations (cardinal obligations), and in that case only for foreseeable, contract-typical damage. In no event shall Courtly's total liability exceed the amount paid by the customer to Courtly in the twelve months preceding the event giving rise to the claim. Liability for data loss caused by the customer's own actions and for outages of third-party services (in particular Stripe) is excluded.

Courtly processes personal data in accordance with its Privacy Policy at https://courtly.social/datenschutz and the Data Processing Agreement at https://courtly.social/avv. The customer, as data controller, is responsible for the lawful collection and use of their members' data.

Card payments are processed via Stripe, an independent third-party provider. A separate contract exists between the customer and Stripe; Courtly is not a party to that relationship. Chargebacks, payment disputes, and refund claims against Stripe must be resolved directly between the customer and Stripe. To use Stripe Connect the customer must agree to Stripe's own terms of service.

Courtly may amend these ToS with 30 days' prior notice. Changes will be communicated to the customer by email. If the customer does not object to the amended ToS within 30 days of receiving the notification, the amended ToS are deemed accepted. The notification will expressly draw attention to this right to object and the consequences of silence.

The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from this contract is, to the extent permitted by law, Courtly's registered place of business. Should any provision of these ToS be or become invalid, the validity of the remaining provisions shall not be affected.