Terms of use

(1) Padelscout Analytics is provided by Will & Köcher GbR, Im Wiesengrund 2, 25474 Ellerbek, Germany, represented by its partners Karsten Will and Aljosha Köcher (the "Provider"). Further details are given in the imprint.

(2) Padelscout Analytics is intended exclusively for businesses within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons and partnerships with legal capacity that act in the exercise of their trade, business or profession when concluding the contract. This includes associations and legal entities under public law to the extent that they act within the scope of a commercial operation, for example when renting out courts. Consumers within the meaning of Section 13 BGB are excluded from use. Business status must be expressly confirmed upon registration and when purchasing a plan.

(3) The Customer is the business for which an account is created or a plan is purchased. A User is any natural person who accesses Padelscout Analytics on behalf of the Customer with their own login. The Customer is responsible for the conduct of its Users as for its own conduct.

(4) These terms of use apply equally to the free account and to the paid plans unless otherwise provided below. The Customer's own terms and conditions do not apply, even if the Provider does not expressly object to them.

(5) In the event of conflicts, the following apply in descending order of precedence: an individual agreement in text form, these terms of use, and the plan overview at the time of purchase. Special terms, such as discounts or pilot offers, apply only to the extent and for the period specified in the individual agreement. If the contract is subsequently renewed, the regular price according to the plan overview applies unless otherwise agreed.

(1) Padelscout Analytics provides figures on the padel market and on individual padel venues in the countries offered, in particular on utilisation, prices and revenues, together with tools for their analysis, such as reports, competitor comparisons, a profitability calculator and catchment area analyses. The scope of services in detail depends on the plan purchased in accordance with the plan overview.

(2) Padelscout Analytics is a technical tool for information and for the preparation of decisions. It does not constitute investment, financial, legal, tax or pricing advice and does not replace the Customer's own careful due diligence. This applies in particular to the results of the profitability calculator and the reports generated from them. Decisions that the Customer makes on the basis of the content are made at the Customer's own responsibility.

(3) The Provider continuously develops Padelscout Analytics and is entitled to change, extend or restrict features, provided that the core of the purchased service is preserved and the change is reasonable for the Customer. Reasonable changes include, in particular, changes to presentation and operation, the addition of new figures and features, the further development of the methodology in accordance with Section 3 (5), and the replacement of individual views by equivalent ones. Features marked as "beta" may be changed or discontinued at any time.

(4) The Customer may export content in the formats offered by Padelscout Analytics from time to time (currently reports in PDF format). There is no entitlement to specific export formats or interfaces.

(5) The Provider offers support by email to info@padelscout.io on working days (Monday to Friday, excluding public holidays in Hamburg). Enquiries are usually answered within two working days. No binding response or resolution times are agreed.

(1) The figures are based on the regular, automated collection of publicly visible occupancy and price information from online booking systems of padel venues and on publicly available data, for example on population and travel times. Data are usually collected several times a day.

(2) For venues for which booking data are available, the figures are derived from these data. Revenues are calculated from the booked court hours and the regular court price of the respective venue. For venues without booking data, values are estimated from comparable venues and included in aggregated figures; the presentation indicates this. All figures are approximations based on the Provider's methodology and may deviate from the actual values.

(3) Deviations from the actual values arise in particular from

1. a)blocked times for training, courses, tournaments or maintenance that appear as bookings in booking systems,
2. b)bookings outside the online booking systems covered,
3. c)memberships, subscriptions, recurring bookings, multi-session passes, vouchers, discounts and special prices that deviate from the regular court price,
4. d)very short-notice cancellations,
5. e)incomplete or incorrect information in the sources, and
6. f)venues that are not covered or not fully covered, for example because they are new, use a booking system that is not covered, or insufficient data are available for them.

(4) The Provider owes the determination of the figures in accordance with the methodology described in Padelscout Analytics with the care of a prudent businessperson. Any accuracy, completeness or timeliness beyond this is not owed; deviations under paragraph 3 do not constitute a defect. The explanations of figures and methodology in Padelscout Analytics serve to aid understanding; they constitute neither an agreement on quality nor a guarantee.

(5) The Provider is entitled to further develop the methodology and to recalculate and correct figures, including for past periods.

(6) The Provider is entitled to remove individual sources, venues or data in whole or in part from collection or presentation, in particular if a source is no longer accessible, an entitled party objects to the use, or legal reasons so require. There is no entitlement to the presentation of specific venues or locations or to a specific data coverage. If, in a purchased country, the number of venues with booking data falls by more than half compared with the level at the time the contract was concluded for longer than two consecutive calendar months, the Customer may, at its option, reduce the fee for that country appropriately or terminate the contract for that country for cause; Section 13 (2) applies. Beyond this, changes in data coverage do not give rise to any claims to a price reduction or termination.

(7) Interruptions in data collection, for example because a source is temporarily unavailable or has been technically changed, do not constitute a restriction of availability under Section 4 and are not a defect. The Provider marks any resulting gaps and estimates or supplements the missing values where possible.

(8) Information on planned venues is based on publicly accessible information and is unconfirmed; whether and when a project will be realised is uncertain. Information on catchment areas consists of model values calculated from travel time zones and population grid data.

(9) Content from third-party sources, for example map data from OpenStreetMap or population data from Eurostat, is subject to the licence terms of the respective rights holders. Source attributions in reports and exports must not be removed.

(1) The Provider makes Padelscout Analytics available with an availability of 98% on an annual average. Padelscout Analytics is available if signing in and accessing the core features is possible at the point where the data centre connects to the internet.

(2) The following are disregarded when calculating availability:

1. a)announced maintenance work under paragraph 3,
2. b)urgent measures to avert security risks,
3. c)events of force majeure under paragraph 6,
4. d)disruptions of telecommunications networks and of third-party services outside the Provider's sphere of influence,
5. e)disruptions for which the Customer or its Users are responsible, and
6. f)interruptions in data collection under Section 3 (7).

(3) The Provider carries out planned maintenance work, where possible, on working days between 10 p.m. and 6 a.m. or at weekends, and announces it at least 48 hours in advance in Padelscout Analytics or by email. Urgent security updates may be carried out without notice.

(4) If availability falls below the level stated in paragraph 1 in a contract year, the Customer may reduce the fee for that contract year in proportion to the shortfall. The reduction must be claimed in text form. Claims for damages in accordance with Section 12 remain unaffected.

(5) Maps and location search are provided via third-party services. No availability is promised for these additional features.

(6) The Provider is released from its performance obligations for the duration and to the extent of events of force majeure. Force majeure means unforeseeable events beyond the Provider's sphere of influence, in particular natural events, epidemics, war, industrial action, official measures, failures of public power or communication networks, and cyber attacks despite appropriate protective measures.

(1) Use requires an account. The information provided upon registration must be accurate; the Provider must be notified of any changes.

(2) Each login is assigned to one natural person and must not be used by several persons. Additional Users receive their own login by invitation, to the extent the plan includes additional Users. The User who purchased the plan manages the Customer's Users; this User may remove Users and invite others in their place.

(3) Login details must be kept secret and protected against access by third parties. If there is a suspicion that a login is being misused or that third parties know the login details, the Provider must be notified without delay at info@padelscout.io.

(4) Padelscout Analytics is used in the browser. Automated access, for example by scripts or bots, and the bulk downloading of content are not permitted.

(5) The Provider is entitled to refuse registrations and purchases without giving reasons.

(6) The Customer does not enter any personal data of third parties into Padelscout Analytics, with the exception of the email addresses of persons invited as Users.

(1) The free account (Free) is provided free of charge. No payment details are collected for it.

(2) The Provider determines the features of the free account; they may be changed at any time. There is no entitlement to specific features.

(3) The Customer may end the free account at any time. The Provider may end it by email with two weeks' notice.

(4) Deletion of the account may be requested at any time by email to info@padelscout.io. The privacy policy sets out which data are deleted and which are retained.

(1) The plans, their scope and their prices are as shown in the plan overview on the website at the time of purchase. Prices are stated per country and month and are net of statutory VAT.

(2) A plan applies to the countries purchased. Pro includes one User. Investor includes up to three Users: the User who purchases the plan and up to two additional Users invited by that User.

(3) The contract is concluded with the Customer on whose behalf the purchasing User acts. It has a term of one year from conclusion of the contract (contract year). The fee for the contract year is invoiced annually in advance.

(4) In the case of an online purchase, the contract is concluded upon completion of the purchase with the payment service provider Stripe, which also processes the payment. The contract is renewed for a further contract year in each case unless it is terminated with effect from the end of the current contract year. The fee for the following contract year is collected via the stored payment method at the start of the renewal. Termination is effected in Stripe's customer portal, which can be reached via the account page, and takes effect at the end of the current contract year; access continues until then.

(5) If a payment fails, access is suspended until the payment has been received. If payment is still not made after a reminder, the Provider may terminate the contract for cause without notice.

(6) The Provider notifies price changes in text form at least six weeks before the start of the renewal. In this case, the Customer may terminate the contract with effect from the end of the current contract year.

(7) If online purchase is not available, the contract is concluded by individual agreement, namely by an offer from the Provider and its acceptance by the Customer in text form. Term, invoicing and renewal are then governed by that agreement; otherwise, these terms of use apply.

(8) An upgrade to a higher plan and the addition of further countries are possible at any time. The additional fee is charged pro rata until the end of the current contract year; the term remains unchanged. A downgrade to a lower plan and the removal of countries take effect at the start of the next renewal. Changes are to be agreed by email to info@padelscout.io unless Padelscout Analytics allows them to be made online.

(9) Fees already paid are not refunded, in particular in the event of ordinary termination or non-use, unless these terms of use provide otherwise.

(10) After the contract ends, the account is continued as a free account.

(1) For the term of the contract, the Customer receives the simple, non-transferable and non-sublicensable right to use the content of Padelscout Analytics for its own business purposes. For the free account, this applies to the content made accessible by it. Otherwise, all rights to Padelscout Analytics, to the content and to the underlying database remain with the Provider.

(2) The Customer may pass on reports and excerpts that were created or exported during the term of the contract to third parties for its own business purposes, citing "Padelscout Analytics" as the source, in particular to banks, investors, shareholders, advisers and partners of its own project. The Customer may continue to use these reports and excerpts after the end of the contract for the purpose for which they were created.

(3) In particular, it is not permitted to

1. a)give or share access to Padelscout Analytics to or with third parties,
2. b)sell, rent or otherwise pass on content to third parties for a fee or as part of services for third parties, for example by advisers or agencies to their clients,
3. c)publish content, including figures on the Customer's own venues or comparisons with other venues,
4. d)systematically extract or copy content or transfer it into the Customer's own databases,
5. e)use content to train artificial intelligence systems or to build data sets for such systems,
6. f)replicate the methodology by analysing the content, or
7. g)use content to build or operate a service that competes with Padelscout Analytics.

(4) Any further use, in particular publication under paragraph 3 (c), requires the Provider's prior consent in text form.

(1) The Customer uses Padelscout Analytics only within the scope of these terms of use and applicable law.

(2) In the event of a breach of these terms of use or misuse of the account, the Provider is entitled to suspend the account in whole or in part. Where reasonable, the Provider notifies the Customer in advance and gives it an opportunity to remedy the breach. The suspension ends as soon as the breach has been remedied. If the Customer is responsible for the suspension, the fee remains payable for its duration.

(3) For each culpable breach of Section 5 (2) sentence 1 or Section 8 (3), the Customer undertakes to pay a contractual penalty, the amount of which is determined by the Provider at its reasonable discretion and may be reviewed by the competent court in the event of a dispute. The contractual penalty is credited against any claim for damages.

(4) The Customer indemnifies the Provider against third-party claims based on a breach of these terms of use for which the Customer or its Users are responsible, including reasonable costs of legal defence.

(5) The right of both parties to terminate for cause remains unaffected. Good cause for the Provider exists in particular if the Customer uses content contrary to Section 8 (3) (g).

(1) The Provider treats content that the Customer creates in Padelscout Analytics as confidential and does not pass it on to third parties, in particular watchlists, scenarios of the profitability calculator including the underlying assumptions, and notifications. The Provider takes note of this content only after prior consultation with the Customer. This does not apply to automated processing for operation and data backup, to measures to avert security incidents and disruptions, or to statutory obligations.

(2) The Customer treats information about Padelscout Analytics that is not publicly accessible as confidential, in particular the explanations of the methodology and individually agreed terms.

(3) The storage functions serve to compare scenarios and analyses and not for permanent archiving. The Customer itself secures results that it needs permanently, for example by exporting them as a PDF.

(4) The Provider may use the Customer's comments, error reports and suggested corrections free of charge and without time limit to improve Padelscout Analytics.

(5) The Provider names the Customer as a reference only with the Customer's consent.

(1) The Customer notifies defects without delay in text form, for example via the "Report an error" function or by email, and describes them in a comprehensible manner.

(2) The Provider remedies notified defects within a reasonable period, for example by correcting the data or providing a workaround.

(3) A price reduction is only possible from receipt of the notification of defects and only in the event of a not insignificant reduction in fitness for use. Deviations under Section 3 (3), changes under Section 2 (3) and changes in data coverage below the threshold of Section 3 (6) are not defects.

(4) Strict liability for defects that already existed at the time the contract was concluded (Section 536a (1) alternative 1 BGB) is excluded.

(5) For the free account, claims for defects exist only if the Provider has fraudulently concealed a defect.

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, under a guarantee assumed, and under the German Product Liability Act.

(2) In the event of slight negligence, the Provider is liable only for breach of material contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract, but in any event to the net fee for the contract year in which the event giving rise to the damage occurs.

(3) For the free account, the Provider is liable, in derogation from paragraph 2, only for intent and gross negligence; the other cases of paragraph 1 remain unaffected.

(4) The Provider is liable for loss of data only in the amount of the effort that would have been required to restore the data had the Customer properly secured the results in accordance with Section 10 (3).

(5) The Provider assumes no liability towards third parties to whom the Customer passes on reports or excerpts; the contract has no protective effect in their favour. The Customer informs the recipients that the reports are model calculations based on estimated figures that the Provider has not reviewed in the individual case. If the Customer fails to provide this information, it indemnifies the Provider against resulting claims by the recipients.

(6) Claims of the Customer for damages and for defects become time-barred one year after the statutory limitation period begins. This does not apply in the cases of paragraph 1.

(7) The above limitations also apply in favour of the Provider's partners, employees and vicarious agents.

(1) The Provider may terminate a contract for a paid plan for one or more countries with three months' notice to the end of a month, in particular if it discontinues Padelscout Analytics or the service for a country.

(2) If a contract ends by termination under paragraph 1, Section 3 (6) or Section 15 (2), the Provider refunds the fee paid in advance pro rata for the period after the end of the contract, and only for the countries for which the contract ends.

(3) The Provider is entitled to transfer the contract with all rights and obligations to a company that takes over the business operation of Padelscout Analytics. The Provider notifies the transfer in text form at least four weeks in advance. In this case, the Customer may terminate the contract with effect from the date of the transfer; paragraph 2 applies accordingly.

(4) The Customer may transfer the contract or rights under it to third parties only with the Provider's prior consent in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.

The processing of personal data is governed by the privacy policy. It is available under "Privacy" on the website and in the account menu.

(1) The Provider may amend these terms of use with effect for the future if there is a valid reason for doing so, in particular in the event of changes in the law or case law, further development of Padelscout Analytics, or to close regulatory gaps. Changes to the scope of services, prices and term are excluded; Section 7 (6) applies to price changes.

(2) For paid plans, the Provider notifies changes in text form at least four weeks before they take effect. The Customer may object to the change in text form until it takes effect. If the Customer does not object, the change is deemed approved; the Provider expressly points out this consequence in the notification. If the Customer objects, the Provider is entitled to terminate the contract with effect from the date on which the change takes effect; until termination, the previous terms of use apply.

(3) For the free account, the Provider notifies changes by email at least two weeks before they take effect. If the Customer continues to use the account after the changes take effect, the change is deemed approved; the Provider expressly points out this consequence in the notification. The Customer may have the account deleted at any time.

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

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider's registered office. The Provider is also entitled to bring an action at the Customer's registered office.

(3) Declarations and notifications under this contract require text form; email is sufficient. The Provider's notifications are sent to the email address stored in the account. The Customer keeps this address up to date.

(4) These terms of use are available in German and English. The German version is authoritative.

(5) Should any provision of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.