Terms of Service

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using MyFavorito’s Services (as defined below), you agree to comply with and be bound by these terms. These terms constitute a legally binding Agreement (“Agreement”) between you and MyFavorito (as defined below) governing the services (defined below) conducted through or in connection with the MyFavorito platform. When these terms mention “MyFavorito” “we,” “us,” or “our,” it refers to the MyFavorito company you are contracting with for services. Your contracting entity will be determined based on your country of residence subject to the exceptions described in the following:

• For residents in Germany, Austria, Switzerland, Italy, France, The United Kingdom and all countries of the European Union, your contracting entity will be MyFavorito GmbH, Strasse des Friedens 15a, 99094 Erfurt, Germany.
• For residents in the USA, Canada and all other countries not mentioned above, your contracting entity will be MyFavorito Inc., 1 Avenue of the Palms ST131, San Francisco, CA 94130, USA

If you change your country of residence, the MyFavorito company you contract with will generally be determined by your new country of residence as specified above, from the date on which your country of residence changes. Please note, however, that the MyFavorito company with which you contract will stay the same for all transaction made prior to your change of residence.

1. MyFavorito terms and conditions for end-users

1.1 General about MyFavorito
1.1.1 In accordance with this MyFavorito End-User License Agreement (the “Agreement”) the End-User is authorised to use the service MyFavorito (“MyFavorito”) provided by MyFavorito. MyFavorito is a fan-empowered sponsorship platform. We act as an online-service for communication and information exchange between the End-User and various cooperation partners of MyFavorito such as companies, organisations, sports clubs, federations and other MyFavorito-Users that use MyFavorito as a communication platform via computers, smartphones and other mobile equipment and Internet connected computers, as this service is elaborated by MyFavorito from time to time. The “End-User” shall mean the holder of the mobile telephone subscription to which MyFavorito has been downloaded. By downloading and installing MyFavorito, the End-User confirms that he/she is at least 16 years old or has parental permission to enter into this Agreement. MyFavorito undertakes to supply MyFavorito in the way described from time to time on MyFavorito’s website, www.MyFavorito.com.

1.2 MyFavorito and its scope etc.
1.2.1 MyFavorito consists of the services and products which from time to time are included in the description of MyFavorito at www.MyFavorito.com. MyFavorito shall not be liable for any disruption or distortion of information occurring in connection with transfer in mobile and fixed networks.

1.3 Registration and processing of information about the end-user
1.3.1 The End-User’s access to MyFavorito is individual. It is voluntary for the End-User to provide the personal data such as address details, that MyFavorito requests in connection with the End-User’s registration (“Registration Data”). However, in order for the End-user to be able to use MyFavorito in full, the End-User is required to provide the Registration Data and keep MyFavorito informed of any changes to such Registration Data. If the End-User provides incorrect, incomplete or out of date Registration Data, MyFavorito shall be authorised to terminate this Agreement with the End-User with immediate effect and at the same time shut down or terminate the End-User’s access to MyFavorito.

1.3.2 The Registration Data is defined as first name, last name, user name, email address, birthday, salutation and mobile phone number for authentication. The End-User’s personal data will be processed by MyFavorito in order to execute the Agreement with the End-User, delivering MyFavorito etc. If the End-user chooses a MyFavorito partner as "favorite" and thus builds a customer relationship, MyFavorito will then give the corresponding partner access to communication tools so that the partner can communicate with the End-user for as long as the relationship exists. MyFavorito will not give partners access to the End-user's Registration Data unless the End-User agrees and consents to the partners own Data Privacy Agreement and allows MyFavorito to exchange its personal data with the partner.

1.3.3 MyFavorito will process the End-User’s personal data for marketing campaigns, special offers, prize draws and prizes, loyalty rewards and new products or services offered in MyFavorito by MyFavorito or its cooperation partners. MyFavorito is also working together with authorised and licensed other service providers and will, where applicable, allow such service providers use the End-User’s personal data for the same purposes. MyFavorito may also use the End-User’s personal data to improve the performance and functionality.

1.3.4 Further, the End-User’s personal data may be processed by MyFavorito in order to follow up the End-User’s traffic between MyFavorito, any service provider and other websites that are connected to MyFavorito. If the End-User provides his or her mobile phone number or e-mail address as Registration Data, which improves MyFavorito’s functionality and provides MyFavorito with the option to make personal offers to the End-User, the End-User also consents to MyFavorito’s use of the specified mobile phone number or e-mail address for purposes of sending messages to the End-User.

1.3.5 The End-User has the right to once a year and free of charge, upon written request to MyFavorito to the address listed above, receive an extract of the personal data that MyFavorito has registered on the End-User and information on how these data are used. The End-User also has the right to request that MyFavorito corrects or deletes inaccurate data concerning the End-User. By entering into this Agreement, the End-User consents to the processing of personal data as specified above and hereby grants the required consent to such processing under the German Personal Data Act.

1.4 Cookies
1.4.1 A cookie is a text file a website/app that a person visits, saves on the visitor’s means for communication (smart phones and other mobile equipment and Internet connected computers) and that makes it possible to identify a person as a visitor. The information contained in a cookie can be used to track the visitor’s surfing on websites/apps that make use of the same types of cookies and thus, for example, offers shown can be adapted to the specific visitor.

1.4.2 There are two different types of cookies. The first type is more durable and saves a text file for a period of time on the visitor’s means for communication. This type of cookie has a definite expiration date and is used for functions which, for example, inform the visitor what is new since the visitor last visited the website/app. When the expiration date for the cookie in question has passed it is automatically erased from the visitor’s means for communication as soon as the visitor revisits the website/app that placed the cookie on the visitor’s means for communication.

1.4.3 The second type of cookie is more temporary (session cookies) and is stored on the visitor’s means for communication during the time a visitor visits a website/app. This kind of cookie is used for example to keep track on what language a visitor has chosen for the website/app and will disappear as soon as the visitor closes the web-browser.

1.4.4 MyFavorito makes use of temporary cookies. The primary purpose of MyFavorito’s use of cookies is to facilitate analyses of the traffic in MyFavorito and to facilitate registrations made by the End-User within MyFavorito. MyFavorito also uses cookies in order to enable authentication of the End-User.

1.4.5 It is voluntary to consent to MyFavorito’s use of cookies. By making use of MyFavorito or having the means for communication set to allow cookies, the End-User consents to MyFavorito’s use of cookies in MyFavorito as described above. If the End-User consents to MyFavorito’s use of cookies, all functions in MyFavorito that requires the use of cookies will be accessible to the End-User.

1.4.6 The End-User has the possibility to abstain from consenting to MyFavorito’s use of cookies and also to withdraw its consent, which the End-User does by changing the settings on its means for communication so that it no longer allows the use of cookies. In relation to changing the settings in the End-User’s computer, the End-User can do this by changing the settings in the computer’s web-browser, if the End-User makes use of an e-tablet the End-User can usually do this by changing the settings in the operating system and if the End-User makes use of a smart phone, the End-User can normally do this by changing the settings of the smart phone’s web-browser.

1.4.7 In the event the End-User does not consent to MyFavorito’s use of cookies the functionalities in MyFavorito, such as authentication of the End-User, may not fully function.

1.5 The end-user’s handling of MyFavorito
1.5.1 The End-User shall provide all telephone, data, hardware, software and other equipment which is necessary for the End-User to access MyFavorito on MyFavorito’s server and shall bear all costs connected therewith, including traffic costs for mobile telephony and data traffic.

1.5.2 The End-User shall be solely and exclusively liable for all information which the End-User posts, processes, shares with others (via social media, e-mail, SMS or in any other way) via MyFavorito or otherwise handles with the help of MyFavorito. The End-User shall further be solely and exclusively liable for the results which the End-User achieves by its use of MyFavorito. However, the End-User has no right to share any content of MyFavorito if it does imply that the content is shared in a systematic way through other channels in a manner where substantial parts of the content of MyFavorito is practically copied. The End-User shall not for commercial purposes reproduce, duplicate, make copies, sell, distribute or exploit any part of MyFavorito without a prior written Agreement with MyFavorito regarding this. The End-User may not use MyFavorito as a part of automated processes for other software applications. The End-User shall adapt its use of MyFavorito to MyFavorito’s instructions.

1.5.3 The End-User also understands that MyFavorito contains information and offers from MyFavorito’s cooperation partners who use MyFavorito as a communications channel. MyFavorito shall not be liable for information or offers which such cooperation partners make available via MyFavorito, but instead the respective cooperation partners are solely liable for such information or such offers in relation to the End-User. MyFavorito shall not be liable for the content of external Internet-pages which are not operated by MyFavorito and to which MyFavorito or its cooperation partners insert links via MyFavorito. The End-User undertakes not to make any claims against MyFavorito in relation to such information or such offers.

1.5.4 The End-User also undertakes to respect copyrighted materials and trademarks (including but not limited to the names SITEFORUM and MyFavorito) to MyFavorito or its cooperation partners and which the End-User accesses via MyFavorito and not to use such materials or such trademarks outside the framework of MyFavorito.

1.5.5 The End-User shall be responsible for ensuring that the username and password, if applicable, received by the End-User for MyFavorito are kept in a secure manner and are not accessible to third parties. The End-User shall be liable for any unauthorised use of the End-User’s username and password for MyFavorito until the End-User has requested that MyFavorito block certain username’s access to MyFavorito.

1.5.6 If claims are made against MyFavorito or legal action is taken against MyFavorito or MyFavorito’s authorised and licensed service providers because of the End-User’s use of MyFavorito, the End-User undertakes to compensate MyFavorito for the remuneration and damages which MyFavorito is ordered to pay by way of settlement or under a judgement and to compensate MyFavorito for other costs incurred by MyFavorito in connection therewith.

1.6 Right to use software included in MyFavorito
1.6.1 Under this Agreement, the End-User receives a non-exclusive right to use software included in MyFavorito for purposes of using MyFavorito in accordance with this Agreement. All copyrights and other rights to MyFavorito including any software, is the property of MyFavorito or other right-holders who own parts of MyFavorito. Software included in MyFavorito may only be copied by the End-User to the extent which has been expressly permitted by MyFavorito. Under no circumstances does the End-User have any right to process, change or supplement software which is included in MyFavorito except as expressly specified in this Agreement. The End-User shall not be authorised to assign, lease, lend or otherwise grant access to all or parts of software in MyFavorito to third parties other than as permitted in writing in the Agreement. On the termination of the Agreement, all software included in MyFavorito shall be uninstalled by the End-User.

1.7 MyFavorito’s liability
1.7.1 MyFavorito strives to keep MyFavorito error free and available to the End-User, by MyFavorito having access to mobile and fixed networks. However, MyFavorito cannot guarantee that MyFavorito will be uninterrupted or that the service is otherwise flawless. The End-User acknowledges that MyFavorito may temporarily shut down MyFavorito for safety reasons or to perform technical or other maintenance. MyFavorito will normally provide information on planned temporary shutdown of MyFavorito, but shutdown of MyFavorito can also take place with immediate effect in cases where MyFavorito deems this necessary, for example, for security reasons.

1.8 Limitation of liability, etc.
1.8.1 MyFavorito shall not be liable for direct, indirect or other damage of persons or property or loss which the End-User or a third party may incur because of MyFavorito, use of or faults, such as disruptions, in MyFavorito or the information which is handled with the use of MyFavorito. MyFavorito shall also not be liable to any extent for data secrecy in connection with the transfer of information via mobile or fixed network in the use of MyFavorito. MyFavorito’s liability shall be limited to the above, except in the case of gross negligence or intent. MyFavorito’s liability under the Agreement shall always be limited to a maximum of EUR 200.

1.9 Term and termination
1.9.1 This Agreement shall come into force of the date when the End-User downloads and installs MyFavorito and shall remain in force until further notice. This Agreement may be terminated by MyFavorito at any time, subject to a notice period of thirty (30) days. This Agreement may be terminated by the End-User at any time, by uninstalling MyFavorito. On the termination of the Agreement, the End-User shall no longer be entitled to use MyFavorito.

1.9.2 If the End-User breaches the Agreement, MyFavorito shall have a right to terminate the Agreement with immediate effect and demand compensation from the End-User for all damage incurred by MyFavorito in connection with the End-User’s breach. MyFavorito shall also be entitled to terminate the Agreement with immediate effect if the End-User is declared bankrupt, suspends its payments or can otherwise be deemed to be insolvent.

1.10 Miscellaneous
1.10.1 This Agreement constitutes the entire Agreement between the parties regarding the End-User’s use of MyFavorito. MyFavorito reserves the right to amend, add or remove functions in MyFavorito or amend the Agreement. The Agreement may not be assigned by the End-User to a third party without MyFavorito’s written consent. MyFavorito shall be entitled to assign the Agreement to a wholly owned subsidiary of MyFavorito. MyFavorito may also assign the Agreement to a third party as a part of a transfer of MyFavorito’s business related to MyFavorito to such third party. MyFavorito shall be authorised to hire subcontractors for the performance of its obligations under the Agreement. MyFavorito shall be liable for the subcontractors as for its own actions.

1.10.2 This Agreement shall be applied and interpreted in accordance with German law. Any disputes arising in connection with the Agreement shall be resolved in a general court, with Erfurt, Germany District Court as the first instance.

1.10.3 Notices to the End-User shall be sent to the e-mail address or the mobile phone number specified by the End-User in connection with the registration. Notices from the End-User to MyFavorito can be sent via the heading contacts at www.MyFavorito.com or via email to [email protected] . Notices to MyFavorito shall be deemed to have been received by MyFavorito when MyFavorito confirms receipt.

2. MyFavorito terms and conditions for sponsors

2.1 Scope and use of the services
2.1.1 MyFavorito is the fan-empowered sponsorship platform which connects sports clubs and their members and fans with businesses ("sponsors"). MyFavorito helps sports clubs to generate more income channels and attract more sponsors via measurable and transactional digital sports sponsorship. MyFavorito helps businesses, retailers, brands, restaurants and other businesses to generate more customer relationships, more sales, more store visits, more loyalty and more growth.

2.1.2 Sponsors can present themselves on the MyFavorito platform and publish promotions and sponsorship offers. Sports clubs sign up on the MyFavorito platform and create a "MyFavorito community". Then they motivate their fans and members to subscribe to their community and redeem offers and promotions from sponsors. Whenever fans and members redeem these offers for their favorite sports club they earn pre-defined sponsorship fees for their sports clubs.

2.1.3 MyFavorito promotes sponsorship offers to sports clubs, their fans and members and communities and provides the technological platform for secure invoicing, payment and payout services.

2.1.4 MyFavorito invoices all sponsorship fees to all corresponding sponsors and pays them out to all corresponding sports clubs. MyFavorito also connects sponsors with fans and sports clubs and generates direct, digital customer relationships.

2.2 MyFavorito’s services
2.2.1 MyFavorito provides the technological platform and is responsible for highest availability, security and performance. MyFavorito is also responsible for long-term future development, security updates, maintenance and new functionalities.

2.2.2 MyFavorito provides the infrastructure for secure and automated payments between sponsors and sports clubs. It provides functionalities and real-time reports to give both parties full transparency on payments, payouts and other important metrics.

2.3 Obligations of sponsors
2.3.1 As a sponsor you are obliged to sign up to MyFavorito only if you are an authorized representative of the company. You are also required to provide truthful and correct company details (for example: Company name, company address, billing address) as well as a valid bank account or credit card.

2.3.2 For quick and automatable processing of payments and payouts, you will authorize MyFavorito to invoice payments and charge payable funds via automated payment processes (for example wire or credit card transfers, SEPA payment services and others).

2.3.3 You will not post, upload, publish, submit or transmit any content that:

• (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
• (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
• (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
• (v) promotes illegal or harmful activities or substances.

2.3.4 MyFavorito may, without prior notice, remove or disable access to any content that MyFavorito finds to be in violation of applicable law, these terms or MyFavorito’s then-current policies or standards, or otherwise may be harmful or objectionable to MyFavorito, its members, third parties, or property.

2.3.5 Sponsors can use various engagement tools and technologies provided by MyFavorito to better engage with End-users. For example: Loyalty systems, gamificiations, leader boards, instant prize draws and more. MyFavorito shall not be liable for information or offers which sponsors make available via MyFavorito's engagement tools, but instead the respective sponsors are solely liable for such information or such offers in relation to the End-User.

2.4 Fees for sponsors
2.4.1 Sports clubs promote your sponsorship offers to their fans and members. They sign up on the MyFavorito platform and redeem these offers for their favorite sports club. Every redemption of a sponsorship offers generates a sponsorship fee for the beneficiary sports club („the fan’s selected favorite sports club”). This fee will be defined by you.

2.4.2 MyFavorito collects all fees generated by sports clubs and its fans and members. In periodic or pre-defined timeframes it generates an invoice to you over all generated fees and charges them via automated payment processes from the bank account or credit card you provided in the MyFavorito dashboard. Invoiced amounts may be subject to sales tax which gets added to the net invoiced amounts.

2.4.3 For its platform services, operations and future development, MyFavorito charges a system fee of 15% which gets added to all net amounts invoiced to the sponsor.

2.4.4 Sponsors have the right to file a dispute against all invoices and payments for up to 8 weeks after invoice creation. Disputes can be sent to [email protected] . To monitor the reliability and quality of sponsors and sports clubs and to further increase the quality of service and the platform, MyFavorito offers a rating system where fans and members can rate sponsors.

2.5 Term and termination
2.5.1 This Agreement shall come into force of the date when the sponsor signs up on MyFavorito and shall remain in force until further notice. This Agreement may be terminated by MyFavorito at any time, subject to a notice period of thirty (30) days. This Agreement may be terminated by the sponsor at any time, by uninstalling MyFavorito and deleting the sponsors account . On the termination of the Agreement, the sponsor shall no longer be entitled to use MyFavorito.

2.5.2 If the sponsor breaches the Agreement, MyFavorito shall have a right to terminate the Agreement with immediate effect and demand compensation from the sponsor for all damage incurred by MyFavorito in connection with the sponsors’s breach. MyFavorito shall also be entitled to terminate the Agreement with immediate effect if the sponsor is declared bankrupt, suspends its payments or can otherwise be deemed to be insolvent.

2.5.3 After termination, all sponsorship offers of the sponsor will be deleted and no further sponsorship fees will be generated. Unpaid or uncollected fees will be invoiced by MyFavorito at the next possible point in time and paid out to the beneficiary sports clubs. No further claims can be made by the sponsor after termination.

2.6 Miscellaneous
2.6.1 This Agreement constitutes the entire Agreement between the parties regarding the sponsor’s use of MyFavorito. MyFavorito reserves the right to amend, add or remove functions in MyFavorito or amend the Agreement.

2.6.2 The Agreement may not be assigned by the sponsor to a third party without MyFavorito’s written consent. MyFavorito shall be entitled to assign the Agreement to a wholly owned subsidiary of MyFavorito. MyFavorito may also assign the Agreement to a third party as a part of a transfer of MyFavorito’s business related to MyFavorito to such third party. MyFavorito shall be authorised to hire subcontractors for the performance of its obligations under the Agreement. MyFavorito shall be liable for the subcontractors as for its own actions.

2.6.3 If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions of this Agreement will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to make it valid, enforceable or legal.

2.6.4 Nothing in this Agreement shall exclude any liability of either party for fraud.

2.6.5 This Agreement shall be applied and interpreted in accordance with German law. Any disputes arising in connection with the Agreement shall be resolved in a general court, with Erfurt, Germany District Court as the first instance.

2.6.6 Notices to the sponsor shall be sent to the e-mail address or the mobile phone number specified by the sponsor in connection with the registration. Notices from the sponsor to MyFavorito can be sent via the heading contacts at www.MyFavorito.com or via email to [email protected] . Notices to MyFavorito shall be deemed to have been received by MyFavorito when MyFavorito confirms receipt.

3. MyFavorito terms and conditions for sports clubs

3.1 Scope and use of the services
3.1.1 MyFavorito is the fan-empowered sponsorship platform which connects sports clubs and their members and fans with businesses ("sponsors"). MyFavorito helps sports clubs to generate more income channels and attract more sponsors via measurable and transactional digital sports sponsorship. MyFavorito helps businesses, retailers, brands, restaurants and other businesses to generate more customer relationships, more sales, more store visits, more loyalty and more growth.

3.1.2 Sponsors can present themselves on the MyFavorito platform and publish promotions and sponsorship offers. Sports clubs sign up on the MyFavorito platform and create a "MyFavorito community". Then they motivate their fans and members to subscribe to their community and redeem offers and promotions from sponsors. Whenever fans and members redeem these offers for their favorite sports club they earn pre-defined sponsorship fees for their sports clubs.

3.1.3 MyFavorito promotes sponsorship offers to sports clubs, their fans and members and communities and provides the technological platform for secure invoicing, payment and payout services.

3.1.4 MyFavorito invoices all sponsorship fees to all corresponding sponsors and pays them out to all corresponding sports clubs. MyFavorito also connects sponsors with fans and sports clubs and generates direct, digital customer relationships.

3.2 MyFavorito’s services
3.2.1 MyFavorito provides the technological platform and is responsible for highest availability, security and performance. MyFavorito is also responsible for long-term future development, security updates, maintenance and new functionalities.

3.2.2 MyFavorito provides the infrastructure for secure and automated payments between sponsors and sports clubs. It provides functionalities and real-time reports to give both parties full transparency on payments, payouts and other important metrics.

3.3 Obligations for sports clubs
3.3.1 As a sports club you are obliged to sign up to MyFavorito only if you are an authorized and elected representative of the sports club. You are also required to provide truthful and correct sports club details (for example: Club name, club address, billing address) as well as a valid bank account for payouts, contact person, billing address for credit notes.

3.3.2 For quick and automatable processing of payouts, you will authorize MyFavorito to send payable funds via automated payment processes (for example wire transfers, SEPA payout services and others).

3.3.3 You will not post, upload, publish, submit or transmit any content that:

• (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
• (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
• (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
• (v) promotes illegal or harmful activities or substances.

3.3.4 MyFavorito may, without prior notice, remove or disable access to any content that MyFavorito finds to be in violation of applicable law, these terms or MyFavorito’s then-current policies or standards, or otherwise may be harmful or objectionable to MyFavorito, its members, third parties, or property.

3.3.5 Sports clubs can use various engagement tools and technologies provided by MyFavorito to better engage with End-users. For example: Loyalty systems, gamificiations, leader boards, instant prize draws and more. MyFavorito shall not be liable for information or offers which sports clubs make available via MyFavorito's engagement tools, but instead the respective sports clubs are solely liable for such information or such offers in relation to the End-User.

3.4 Revenues for sports clubs
3.4.1 The sports club enables MyFavorito to present its community to participating sponsors. For example by uploading logos, images and descriptions. All rights for uploaded contents and associated materials remain with the club but the sports club agrees to grant MyFavorito a nonexclusive, non-transferable, royalty-free license to use these contents.

3.4.2 The sports club promotes sponsors and sponsorship offers to its fans and members. They can then sign up on the MyFavorito platform and redeem these offers.

3.4.3 For these services, MyFavorito pays a transactional sponsorship fee to the club and pays out the funds to the bank account provided by the sports club. For every payout, the sports club receives a credit note via email which can also be downloaded via the MyFavorito Dashboard. If the sports club is obliged to pay sales tax, the sales tax will be added to the credit note amount. If the sports club is not obliged to pay sales tax, the credit note will not contain sales tax.

3.4.4 Payment defaults, cancellations or charge backs from corresponding sponsors will be deducted from the payout to the club. MyFavorito will make every effort to minimize cancellations from sponsors but cannot fully eliminate them. To monitor the reliability and quality of sponsors and to further increase the quality of service and the platform, MyFavorito offers a rating system where fans, members and sports clubs can rate sponsors.

3.4.5 Payouts to sports clubs are actioned after the objection period has expired and can take up to 8 weeks.

3.5 Costs for the sports club
For its platform services, operations and future development, MyFavorito charges a system fee of 15% which gets deducted from every payout transferred to the sports club. The sports club receives an invoice. If there is no payout, the sports club has no costs.

3.6 Term and termination
3.6.1 This Agreement shall come into force of the date when the sports club signs up on MyFavorito and shall remain in force until further notice. This Agreement may be terminated by MyFavorito at any time, subject to a notice period of thirty (30) days. This Agreement may be terminated by the sports club at any time, by uninstalling MyFavorito and deleting the sports clubs account. On the termination of the Agreement, the sports club shall no longer be entitled to use MyFavorito.

3.6.2 If the sports club breaches the Agreement, MyFavorito shall have a right to terminate the Agreement with immediate effect and demand compensation from the sports club for all damage incurred by MyFavorito in connection with the sports clubs’s breach.

3.6.3 After termination, the sports club can no longer generate revenues via MyFavorito. Open payouts will be transferred to the sports club by MyFavorito at the next possible point in time. No further claims can be made by the sports club after termination.

3.7 Miscellaneous
3.7.1 This Agreement constitutes the entire Agreement between the parties regarding thesponsor’s use of MyFavorito. MyFavorito reserves the right to amend, add or remove functions in MyFavorito or amend the Agreement.

3.7.2 The Agreement may not be assigned by the sports club to a third party without MyFavorito’s written consent. MyFavorito shall be entitled to assign the Agreement to a wholly owned subsidiary of MyFavorito. MyFavorito may also assign the Agreement to a third party as a part of a transfer of MyFavorito’s business related to MyFavorito to such third party. MyFavorito shall be authorised to hire subcontractors for the performance of its obligations under the Agreement. MyFavorito shall be liable for the subcontractors as for its own actions.

3.7.3 If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions of this Agreement will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to make it valid, enforceable or legal.

3.7.4 Nothing in this Agreement shall exclude any liability of either party for fraud.

3.7.5 This Agreement shall be applied and interpreted in accordance with German law. Any disputes arising in connection with the Agreement shall be resolved in a general court, with Erfurt, Germany District Court as the first instance.

3.7.6 Notices to the sports club shall be sent to the e-mail address or the mobile phone number specified by the sports club in connection with the registration. Notices from the sports club to MyFavorito can be sent via the heading contacts at www.MyFavorito.com or via email to [email protected] . Notices to MyFavorito shall be deemed to have been received by MyFavorito when MyFavorito confirms receipt.

Last update: December 20, 2020