General Terms and Conditions (AGB)

1. Scope of application
   1. These General Terms and Conditions (GTC) apply to the use of the online platform “Simpletransfer” and all associated services, including participation in showcases, training courses and community events offered by Simpletransfer GmbH (hereinafter referred to as “Simpletransfer” or “we”).
   2. By using the platform and registering for our services, users (hereinafter referred to as “users” or “you”) agree to these GTC.
2. Simpletransfer services
   1. Simpletransfer offers an online platform on which football players (hereinafter referred to as “players”), coaches, scouts, clubs, agents and partners can interact with each other. The platform offers various subscription models, including the “Playmaker Subscription” and the “Gamechanger Subscription”, with access to an online academy, training plans, selection training, showcases and community features.
   2. Participation in the showcases is not guaranteed, as only the best players will be invited after a selection training. Simpletransfer reserves the right to cancel or postpone events or training sessions due to unforeseen circumstances.
   3. Simpletransfer also offers a freemium account for players, which provides limited access to the platform.
   4. The platform enables scouts, agents and partners to take out subscriptions to search for and find players or place advertisements.
3. Registration and use of the platform
   1. In order to use the services of Simpletransfer, users must register on the platform. Registration is only permitted for persons who are at least 13 years old or their legal representatives.
   2. When registering, users must provide complete, accurate and up-to-date information, including, but not limited to, personal details, photographs, place of residence and career information.
   3. Users are responsible for maintaining the confidentiality of their access data and for all activities carried out under their account.
4. Subscriptions and terms of payment
   1. Users can take out a subscription for the Simpletransfer online platform. There are various subscription models (Playmaker, Gamechanger, Kick-Off, etc.).
   2. Subscriptions have a minimum term of one year, with a notice period of one month. If the subscription is not terminated in due time, the contract is automatically extended for a further year.
   3. Subscription fees are payable in advance. Price increases are possible at any time.
   4. Discounts and special offers are granted at the discretion of Simpletransfer, but without guarantee.
   5. All payments are made using the payment methods specified on the platform.
   6. Prices may vary depending on the registration location.
5. Rights and obligations of users
   1. Users are obliged to comply with all applicable laws and regulations and not to use the platform in any way for illegal or unauthorized activities.
   2. Players are responsible for the accuracy of their profile information. Simpletransfer accepts no responsibility for any false statements or inaccurate information that may affect a player’s chances of being invited to a showcase or other event.
   3. Players have the opportunity to update their profiles, post content and network with other users. However, they are obliged to act respectfully and professionally and not to publish any content that is offensive, insulting or illegal.
   4. Simpletransfer reserves the right to exclude users from using the platform if they violate these provisions.
6. Showcases and live events
   1. Simpletransfer organizes regular showcases and other live events where players can play against top clubs and present themselves to scouts.
   2. Participation in the showcases is by invitation only, which is issued after a selection training. Simpletransfer does not guarantee that every player will be invited.community events are sometimes events for all users, but sometimes only limited access.
   3. Simpletransfer reserves the right to cancel or postpone community events or showcases due to unforeseen circumstances, such as force majeure or organizational problems.
   4. Participants in showcases and other events agree that their participation may be recorded and used for marketing purposes unless they expressly object.
7. Liability
   1. Simpletransfer is not liable for direct or indirect damages resulting from the use of the platform or participation in showcases, training or community events. Simpletransfer is therefore not liable for any internal or external damage to events / showcases / platform such as theft, health and other damage.
   2. Simpletransfer accepts no liability for the accuracy of the information provided by users or for the success of participation in a showcase or selection training.
   3. Users are responsible for their own health and safety while participating in showcases, trainings or other events. Simpletransfer is also not liable for theft and each user/participant is responsible for their own valuables.
   4. Simpletransfer is not liable for any kind of injury during live events, trainings or games. This is regardless of whether this is related to the infrastructure or other external influences. Each person is responsible for their own well-being and safety.
8. Data protection
   1. Simpletransfer undertakes to protect the personal data of users in accordance with the applicable data protection laws.
   2. Users agree to the collection and processing of their personal data when using the platform. Further information can be found in Simpletransfer’s privacy policy.
9. Intellectual property
   1. All content on the platform, including text, images, videos and software, is the intellectual property of Simpletransfer or third parties and may not be used or reproduced without the express consent of Simpletransfer.
   2. Users may not use content from the platform for commercial purposes unless they have the express permission of Simpletransfer.
10. Cancellation and termination of contract
    1. Every user can cancel their subscription at any time with one month’s notice. If the subscription is canceled before the end of the term, there will be no refund of the fees already paid.
    2. Simpletransfer reserves the right to block a user’s access to the platform in the event of breaches of these GTC or suspected misuse.
11. Exceptions for contract amendments
    1. Simpletransfer has the right to implement extraordinary contract amendments by mutual agreement.
12. Use of the platform by third parties
    1. The use of the platform by third parties is only permitted if these third parties have been expressly authorized to do so by Simpletransfer (e.g. by partners, agents, scouts or clubs).
    2. Users are responsible for the behavior and actions of the third parties they involve in connection with their use of the platform.
13. Advertising and marketing
    1. Simpletransfer reserves the right to place advertising and marketing content on the platform.
    2. Users can book advertising space for their own products or services on the platform using a corresponding subscription model.
    3. Advertising partners are responsible for the content of advertising and must ensure that it complies with legal requirements.
14. Amendment of the GTC
    1. Simpletransfer reserves the right to amend these GTC at any time.
    2. Changes are deemed to have been accepted if the user continues to use the platform after notification.
15. Platform availability and downtimes
    1. Simpletransfer will endeavor to make the platform available without interruption, but cannot guarantee uninterrupted use.
    2. Simpletransfer is not liable for damage caused by downtime, technical faults or unforeseen events (force majeure).
    3. If the company is dissolved, Simpletransfer shall not be liable for any ongoing subscriptions of the users.
16. Integrity and security of the platform
    1. Users undertake not to upload any viruses, malicious software or other malware to the platform that could jeopardize the functioning or security of the platform.
    2. Simpletransfer reserves the right to block the access of users who violate these provisions. However, without any refund of subscription fees.
17. Contents and rights of use
    1. Each user retains the rights to the content uploaded by him, but grants Simpletransfer an unlimited, free, non-exclusive right of use to display and distribute this content on the platform.
    2. Users are responsible for not uploading copyrighted content without the necessary permission. Simpletransfer accepts no responsibility for infringements of copyrights or other rights of third parties.
18. Transfer of rights and obligations
    1. Users may not transfer their rights and obligations under this contract to third parties without the express written consent of Simpletransfer.
    2. Simpletransfer may transfer its rights and obligations under these GTC to third parties at any time without the User’s consent, in particular in the event of the sale or transfer of a company.
19. Dispute resolution and arbitration
    1. The place of jurisdiction for any disputes arising from the use of the platform and these GTC is the registered office of Simpletransfer GmbH in Switzerland.
    2. Simpletransfer endeavors to resolve disputes amicably. If an agreement cannot be reached, mediation or arbitration may be considered before legal action is taken.
20. Responsibility of the players
    1. Players who register for showcases or selection trainings are responsible for their personal health, fitness and equipment. Simpletransfer accepts no liability for injuries or health problems that occur during participation in a training session, showcase or other event.
    2. Players must ensure that they meet the physical requirements and conditions for participation in the events. Simpletransfer reserves the right to exclude players from participation if there are health concerns.
21. Communication channels and notifications
    1. Users agree that Simpletransfer may inform them by e-mail, via the platform or by other means of communication about changes to the GTC, new offers, events or important information about their subscription.
    2. Users are required to keep their contact information up to date to ensure that they receive all relevant communications from Simpletransfer.
22. Third-party rights and indemnification
    1. Users guarantee that they do not infringe any third-party rights, in particular copyrights, trademark rights or data protection rights, by publishing content on the platform or using the platform.
    2. Users shall indemnify Simpletransfer against all claims, damages, losses or costs (including legal fees) arising from a breach of these warranties.
23. User behavior and prohibited content
    1. Users are prohibited from publishing content or using the platform in a way that is contrary to public decency, illegal or infringes the rights of other users or third parties.
    2. Prohibited content includes, but is not limited to:
       • Insults, discrimination or hate speech
       • Pornographic or sexually offensive content
       • Advertising or spam without the consent of Simpletransfer
       • Any form of harassment or threat
    3. Simpletransfer reserves the right to block or exclude users from the platform who violate these provisions.
24. Rights to events and recordings
    1. When participating in showcases, selection training sessions or other events, users agree that Simpletransfer is entitled to make photo, video and audio recordings of the events. These recordings may be used for marketing or other purposes.
    2. Users waive all claims regarding the use of these recordings unless they have expressly objected to this in advance.
25. Player requirements and conditions of participation
    1. Players must ensure that they meet the sporting requirements and minimum conditions for participation in the showcases or selection training sessions.
    2. Simpletransfer reserves the right to exclude players from events if they do not meet these requirements or if there are health concerns.
26. Unauthorized use of the platform
    1. Users are prohibited from using the platform for automated processes, such as web scraping, data extraction or for the purpose of mass contact (spam).
    2. Users may not use the platform in a way that could disrupt or damage the infrastructure or operation of the platform.
27. Warranty and exclusion of liability
    1. Simpletransfer assumes no liability for the accuracy, completeness or timeliness of the content and information provided on the platform.
    2. Simpletransfer is not liable for indirect or consequential damages resulting from the use of the platform or from participation in events, unless these damages were caused intentionally or through gross negligence.
    3. Simpletransfer does not guarantee that the use of the platform will lead to successful career progression, as success depends on numerous factors beyond Simpletransfer’s control.
28. Changes to the services
    1. Simpletransfer reserves the right to change or discontinue the services, functions or prices offered at any time.
    2. Users must inform themselves of any changes to the services. This also applies to price changes and authorizations.
29. Rights of Simpletransfer GmbH in the event of breach of contract
    1. In the event of serious breaches of these GTC, Simpletransfer reserves the right to terminate the contract with the affected user without notice and to block access to the platform.
    2. This applies in particular if the user violates the provisions on unauthorized conduct, prohibited content or terms of payment.
30. Force majeure and suspension of services
    1. Simpletransfer is not liable for delays or failures caused by force majeure (e.g. natural disasters, war, strikes, technical failures of third parties, short-notice cancellations by other parties). Furthermore, Simpletransfer reserves the right not to hold a showcase for all age groups.
    2. If an event, showcase or training is canceled or postponed due to force majeure, Simpletransfer will inform the affected users as soon as possible.
31. Communication outside the platform
    1. Any direct communication or transactions between users, in particular between players, scouts, coaches and clubs, which take place outside the Simpletransfer platform and could affect the economic interests of Simpletransfer, are prohibited.
    2. This includes in particular that no players or coaches are recruited outside the platform for participation in showcases, training sessions or other events without Simpletransfer being involved as an intermediary and contractual partner.
    3. If a user violates this rule and a direct communication or transaction takes place outside the platform, Simpletransfer reserves the right to block the user account and terminate the contract without notice.
    4. Simpletransfer reserves the right to take legal action against users who violate these provisions and thereby cause economic disadvantages for the company.
32. Role of scouts, coaches and clubs on the platform
    1. Scouts, coaches and clubs can register on the platform to search for players, interact with them and network.
    2. Simpletransfer accepts no responsibility for the decisions made by scouts, coaches and clubs, including the selection of players for showcases, training sessions or contracts.
    3. Scouts, coaches and clubs must ensure that their activities on the platform comply with the applicable laws and the provisions of these GTC.
    4. Simpletransfer reserves the right to block access or terminate the user account of scouts, coaches and clubs who violate the GTC or use the platform for unauthorized purposes.
33. Live calls and events
    1. Simpletransfer offers various interactive elements on the platform, such as live calls with the founding team and other experts. These live calls are voluntary and do not necessarily have to take place. Simpletransfer reserves the right to organize or cancel live calls at its own discretion.
    2. Participation in live calls or similar events is only available as part of the subscription models offered and is not guaranteed. Simpletransfer accepts no responsibility if a scheduled live call or event does not take place.
    3. Users who wish to participate in a live call or event must ensure that they have the appropriate technical requirements. Simpletransfer is not liable for technical problems that prevent participation in the live call.
34. Adjustment or cancellation of showcases and events
    1. Simpletransfer reserves the right to postpone or cancel showcases, training sessions and other events at any time if unforeseen circumstances make this necessary. This may occur, for example, due to force majeure, a lack of participants or organizational difficulties.
    2. Players, coaches and scouts will be informed of any changes in good time, but Simpletransfer accepts no liability for any damage or loss caused by the cancellation or postponement of events.
    3. Participation fees for canceled or postponed events will only be refunded if this is provided for in the respective GTC or in the case law.
35. No guarantee for successful placements
    1. Simpletransfer does not guarantee the successful placement of players with clubs or the conclusion of contracts by scouts, coaches or clubs.
    2. Participation in showcases or selection trainings on the platform increases the chance for players, but there is no guarantee that a player will actually be selected by a scout or club.
    3. Players and other users recognize that the success of their career development depends on various factors and cannot be influenced solely by the use of Simpletransfer.
36. Responsibility of users for their content and profiles
    1. Each user is responsible for the content they publish on the platform, including, but not limited to, profile information, photos, videos and other contributions.
    2. Users undertake not to disseminate any false or misleading information and to keep their profiles up to date at all times. Simpletransfer accepts no liability for the accuracy or completeness of the content provided by users.
    3. Simpletransfer reserves the right to remove user content if it breaches the GTC or violates applicable law.
37. Infringement of intellectual property and copyright
    1. Users guarantee that all content they publish on the platform does not infringe any third-party rights, including copyrights, trademark rights or patents.
    2. In the event of an infringement of intellectual property, the user is obliged to indemnify Simpletransfer against all third-party claims and to release Simpletransfer from any resulting damages.
    3. Simpletransfer reserves the right to remove content that violates the rights of third parties without prior notice.
38. Liability for the use of the platform
    1. Simpletransfer is not liable for any direct or indirect damages resulting from the use of the platform, unless these damages were caused intentionally or through gross negligence.
    2. Simpletransfer is not liable for the quality or success of training courses, showcases or other events, as success depends on a variety of external factors.
    3. Simpletransfer accepts no liability for damage or loss caused by the use of third-party services or content on the platform.
39. Affiliate Partner Program
    1. By registering for the Simpletransfer GmbH affiliate program (“Program”), you agree to the following General Terms and Conditions (“GTC”). You must be 18 years of age or older to participate in this Program. You must be a human being. Accounts registered by “bots” or other automated methods are not permitted. You must provide your full name, a valid email address and all other requested information to complete the registration process. Your login may only be used by one person – a single login used by multiple people is not permitted. You are responsible for the security of your account and password. Simpletransfer GmbH cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation. You are responsible for all content and activity that occurs under your account. An individual or legal entity may not maintain more than one account. You may not use the Affiliate Program for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service. You may not use the Affiliate Program to make money from your own Simpletransfer GmbH product accounts.
    2. Once you have signed up for the affiliate program, you will be assigned a unique affiliate code. You are authorized to place links, banners or other graphics that we provide you with your affiliate code on your website, in your emails or in other communications. We will provide you with guidelines, link styles and graphic templates that you may use for linking to Simpletransfer GmbH. We may change the design of the graphics at any time without notice, but we will not change the dimensions of the images without notice.
    3. To enable accurate tracking, reporting and billing, we provide you with special link formats that you must use for all links between your site and Simpletransfer GmbH. You must ensure that each link between your site and Simpletransfer GmbH uses these special link formats correctly. Links to Simpletransfer GmbH that are placed on your site in accordance with this Agreement and that properly use such special link formats are referred to as “Special Links”. You will only be compensated for sales of Simpletransfer GmbH products made directly through the Special Links; we will not be liable to you if you or someone you refer has not used the Special Links or has not entered your affiliate code correctly, even if this results in a reduction in the amounts that would otherwise be paid to you under this Agreement.
    4. You may not issue any press releases relating to this Agreement or your participation in the Program; such action may result in your expulsion from the Program. In addition, you may not in any way misrepresent or embellish the relationship between us and you, say that you are developing our products, say that you are part of Simpletransfer GmbH, or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted in this Agreement (including by expressing or implying that we support, sponsor, endorse or contribute money to a charity or other cause).
    5. You may not purchase products through your affiliate links for your own use. Such purchases may (at our sole discretion) result in the withholding of referral fees and/or termination of this Agreement.
    6. As long as your current affiliate income is above CHF20, you will be paid every month. If you have not earned CHF20 since your last payment, we will pay you the following month after you have exceeded the threshold.
    7. Customers who purchase products through this program are considered our customers. Accordingly, all of our rules, policies and operating procedures regarding customer orders, customer service and product sales apply to these customers. We may change our policies and operating procedures at any time. For example, we set prices for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your website, you should not display product prices on your website. We make reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.
    8. You are solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website. For example, you are solely responsible for:
       • the technical operation of your website and all associated devices
       • ensuring that the display of specific links on your website does not violate any agreement between you and a third party (including, but not limited to, any restrictions or requirements imposed on you by a third party hosting your website)
       • The accuracy, truth and appropriateness of the materials published on your website (including, but not limited to, any product-related materials and any information you include in or link to specific links)
       • Ensuring that the materials published on your website do not infringe the rights of third parties (e.g. copyrights, trademarks, privacy or other personal or proprietary rights)
       • Ensuring that the material published on your website is not defamatory or otherwise illegal
       • Ensure that your website accurately and appropriately discloses, either through a privacy policy or otherwise, how you collect, use, store and disclose information collected from visitors, including, if applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
    9. As a condition of your participation in the Program, you agree that you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, rulings or other requirements of any governmental authority having jurisdiction over you, whether such laws, etc., are now in effect or later become effective while you are a participant in the Program. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program, you will comply with all applicable laws (federal, state or otherwise) that apply to marketing emails, including but not limited to the CAN-SPAM Act of 2003 and all other anti-spam laws.
    10. The term of this Agreement begins when we accept your Program Application and ends when it is terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving written notice of termination to the other party. Upon termination of this Agreement for any reason, you will immediately cease use and remove from your site all links to https://simpletransfer.ch and all of our trademarks, trade dress and logos and all other materials provided to you by us or on our behalf pursuant to this Agreement or in connection with the Program. Simpletransfer GmbH reserves the right to terminate the Program at any time. Upon termination of the Program, Simpletransfer GmbH will pay all outstanding winnings in excess of CHF20.
    11. Simpletransfer GmbH shall have the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Program or any other Simpletransfer GmbH service for any reason whatsoever. Such termination of service will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all potential or payable commissions in your account if they were earned through fraudulent, illegal or overly aggressive, questionable sales or marketing methods. Simpletransfer GmbH reserves the right to refuse service to anyone for any reason at any time.
    12. You and we are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You are not authorized to make or accept any offer or representation on our behalf. You will not make any statement, whether on your website or otherwise, that is inconsistent with the terms of this section.
40. Data protection and use of personal data
    1. Simpletransfer undertakes to process the personal data of users in accordance with the applicable data protection laws. Further information on data protection can be found in Simpletransfer’s privacy policy.
    2. Users agree to their data being processed and used in the context of using the platform, including for contacting them and improving Simpletransfer’s services.
    3. Users can withdraw their consent to the use of their data at any time by deactivating or deleting their account on the platform.
41. Contract term and termination
    1. The user agreement between Simpletransfer and the users begins with the registration on the platform and ends when the subscription is terminated or the user account is deleted.
    2. Users can cancel their membership at any time in accordance with the conditions of the subscription. The notice period is generally one month to the end of the subscription term.
    3. Simpletransfer reserves the right to block or delete a user’s account if the user violates the GTC or carries out unauthorized actions.
42. Final provisions
    1. Applicable law
       These General Terms and Conditions are subject to Swiss law. The competent court at the registered office of Simpletransfer GmbH in Switzerland shall have jurisdiction for all legal disputes arising from or in connection with the use of the platform and these General Terms and Conditions, unless another place of jurisdiction is prescribed by law.
    2. Severability clause
       Should individual provisions of these GTC be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision. The same applies in the event of a loophole in these GTC.
    3. Transfer of rights and obligations
       Simpletransfer reserves the right to transfer, sell or otherwise assign its rights and obligations under these GTC to third parties. Users may not transfer their rights and obligations under this agreement without the prior written consent of Simpletransfer.
    4. Amendments to the GTC
       Simpletransfer reserves the right to amend these GTC at any time. Changes will be made known to users in an appropriate manner, e.g. by notification by e-mail or by a message on the platform. Users have the right to terminate the contract in the event of significant changes. If the user continues to use the platform after an amendment, this shall be deemed to constitute acceptance of the amended GTC.
    5. Assignment and succession
       Simpletransfer is entitled to transfer the rights and obligations arising from these GTC to third parties in the context of a company restructuring, transfer or sale. Users agree to such a transfer.
    6. Agreements and communications
       All agreements and communications between Simpletransfer and users are generally made electronically, either via the platform or by email. Users undertake to keep their contact information up to date to ensure that communications from Simpletransfer reach them.
    7. Entire agreement
       These GTC represent the entire agreement between the Users and Simpletransfer regarding the use of the Platform and replace all previous verbal or written agreements, understandings or arrangements.
    8. Consequences of default
       Claims arising from non-payment, such as the assertion of reminder fees or collection costs, remain reserved.
    9. Exclusion of liability and indemnification
       Users undertake to indemnify Simpletransfer against all claims, damages, losses, costs and expenses arising from their use of the Platform or breach of these GTC. This includes legal fees and other expenses caused by such violations. We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, but not limited to, warranties of fitness, merchantability, non-infringement or implied warranties arising from course of performance, course of dealing or usage of trade). In addition, we make no representation that the operation of the Simpletransfer GmbH will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.