Terms of Use
Important: By creating an account, accessing, or using the SPORTR application (“the App”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these Terms, you must not use the App. These Terms constitute a legally binding agreement between you and SPORTR.
1. General Provisions
1.1 About SPORTR
SPORTR is a mobile and web application operated by SPORTR, an association under Swiss law (art. 60 ff. Swiss Civil Code) registered with the Commercial Register of the Canton of Geneva (UID CHE-199.854.425), with its registered office in Carouge, Geneva (hereinafter “SPORTR,” “we,” “our,” or “us”). SPORTR provides a digital platform that enables users to discover, organise, join, and manage sports events and activities in their local area.
1.2 Scope of the Terms
These Terms of Use (“Terms”) govern your access to and use of the SPORTR application, website, and all related services (collectively, the “Services”). These Terms apply to all users, including event organisers, participants, and visitors.
1.3 Governing Law
These Terms are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. For users located in the European Economic Area (EEA), nothing in these Terms affects your rights under applicable mandatory consumer protection laws, including the EU Consumer Rights Directive (2011/83/EU) and the EU Digital Services Act (Regulation 2022/2065).
1.4 Acceptance
By registering for an account or using the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. Your continued use of the Services constitutes ongoing acceptance of any updated Terms.
2. Eligibility and Account Registration
2.1 Age Requirement
You must be at least 16 years of age to create an account and use the Services. If you are between 16 and 18 years of age, you represent that you have obtained the consent of your parent or legal guardian to use the Services. SPORTR reserves the right to request proof of age or parental consent at any time.
2.2 Account Creation
To access certain features of the Services, you must create a personal account by providing accurate, current, and complete information. You may register using your email address, phone number, or a supported third-party authentication provider (e.g., Apple ID, Google). You agree to:
- Provide truthful and accurate registration information;
- Maintain the security and confidentiality of your login credentials;
- Promptly update your account information if it changes;
- Notify SPORTR immediately of any unauthorised use of your account.
2.3 Account Responsibility
You are solely responsible for all activity that occurs under your account. SPORTR shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials. Each user may maintain only one personal account.
2.4 Account Verification
SPORTR may implement identity verification procedures to enhance trust and safety within the platform. This may include email or phone number verification, and optional identity document verification for certain features (e.g., organiser badges, safety-critical sports certifications).
3. Description of Services
3.1 Platform Role
SPORTR operates as an intermediary platform that connects sports enthusiasts. SPORTR is not a sports club, venue operator, or event organiser. We provide the technological infrastructure that enables users to:
- Create and manage sports events and activities;
- Discover and join sports events organised by other users;
- Search for and book sports venues through integrated third-party booking systems;
- Communicate with other users regarding sports activities;
- Build and manage sports community profiles;
- Track sports activity, statistics, and player ratings.
3.2 Venue Bookings
Where the App facilitates venue bookings (courts, pitches, gyms, etc.), SPORTR acts solely as an intermediary between the user and the venue operator. The contractual relationship for the booking exists between the user and the venue. SPORTR is not a party to that contract and assumes no liability for the venue’s services, availability, quality, or safety.
3.3 Event Organisation
Users who create events (“Organisers”) are solely responsible for the planning, communication, and execution of those events. SPORTR provides tools to facilitate organisation but does not supervise, control, or guarantee the quality, safety, or legality of any user-organised event.
3.4 Payment Services
Where the App facilitates payments (e.g., cost-sharing for court bookings, event fees), such payments are processed through a licensed third-party payment service provider. SPORTR is not a bank, financial institution, or payment services provider. All payment processing is subject to the payment provider’s own terms and conditions.
4. User Obligations and Conduct
4.1 General Conduct
You agree to use the Services in good faith and in compliance with all applicable laws and regulations, including but not limited to Swiss federal and cantonal law and, where applicable, EU law. You shall not:
- Use the Services for any unlawful, fraudulent, or harmful purpose;
- Impersonate any person or entity, or misrepresent your identity, age, skill level, or affiliation;
- Upload, post, or transmit any content that is defamatory, obscene, discriminatory, hateful, threatening, or otherwise objectionable;
- Harass, bully, intimidate, or threaten other users;
- Use the Services to send unsolicited commercial communications (spam);
- Attempt to gain unauthorised access to the Services, other user accounts, or computer systems;
- Interfere with or disrupt the integrity or performance of the Services;
- Use automated means (bots, scrapers, crawlers) to access the Services without prior written consent;
- Reproduce, distribute, or create derivative works from the Services without authorisation.
4.2 Sports Activity Responsibilities
You acknowledge and agree that:
- Participation in sports activities involves inherent physical risks, including the risk of injury or death;
- You are solely responsible for assessing your own physical fitness and ability to participate in any sports activity;
- You must comply with the rules and regulations of any venue, facility, or public space where activities take place;
- You are responsible for obtaining any required personal insurance coverage for your sports activities;
- You must provide accurate information about your skill level and experience when using the platform;
- For safety-critical sports (climbing, ski touring, paragliding, water sports, etc.), you must hold any required certifications and use appropriate safety equipment.
4.3 Organiser Obligations
If you create or organise events through the platform, you additionally agree to:
- Provide accurate and complete event information (date, time, location, level, requirements);
- Comply with all applicable local regulations regarding the organised activity;
- Communicate promptly with participants regarding changes or cancellations;
- Ensure that any venue used is properly booked and authorised for the intended use;
- Not discriminate against participants on the basis of race, gender, religion, sexual orientation, disability, or any other protected characteristic;
- Act responsibly as a duty of care towards participants, particularly in outdoor or high-risk activities.
4.4 User Content
You retain ownership of any content you post, upload, or share through the Services (“User Content”), including profile information, event descriptions, photographs, reviews, and messages. By posting User Content, you grant SPORTR a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, modify, display, and distribute such content solely for the purpose of operating and improving the Services. You represent and warrant that you have all necessary rights to post your User Content and that it does not infringe any third party’s intellectual property or other rights.
5. Cancellations, No-Shows, and Fees
5.1 Event Cancellations
Organisers may set cancellation policies for their events, including cancellation deadlines and any applicable fees. SPORTR will display these policies clearly on the event page. Users who cancel their participation after the stated deadline may be subject to the organiser’s cancellation policy.
5.2 No-Show Policy
Repeated failure to attend confirmed events without cancellation (“no-shows”) undermines the community. SPORTR may implement a reliability scoring system and reserves the right to restrict the accounts of users who consistently fail to honour their commitments. Specific consequences may include temporary suspension from joining new events.
5.3 Refunds
Where payments have been made through the platform, refund policies are determined by the applicable cancellation policy set by the Organiser or venue. SPORTR will facilitate refunds in accordance with these policies. In the event of a dispute, SPORTR may mediate but is not obligated to issue refunds on behalf of third parties. Mandatory consumer rights under Swiss law and, for EEA users, the EU Consumer Rights Directive, are reserved and shall not be affected by any cancellation policy.
6. Intellectual Property
6.1 SPORTR’s Intellectual Property
The Services, including the App, its design, features, functionality, code, algorithms, trademarks, logos, and all associated intellectual property, are and remain the exclusive property of SPORTR or its licensors. Nothing in these Terms grants you any right, title, or interest in the Services other than a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms.
6.2 Restrictions
You may not:
- Copy, modify, or distribute any part of the Services;
- Reverse engineer, decompile, or disassemble the software;
- Remove or alter any proprietary notices or labels;
- Use the SPORTR name, logo, or branding without prior written consent.
6.3 Feedback
If you provide SPORTR with any suggestions, ideas, or feedback regarding the Services (“Feedback”), you grant SPORTR a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate such Feedback into the Services without any obligation to you.
7. Liability and Disclaimers
7.1 Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SPORTR does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.
7.2 Limitation of Liability
To the maximum extent permitted by applicable law, SPORTR, its directors, employees, agents, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages;
- Any loss of profits, revenue, data, or goodwill;
- Any personal injury or property damage arising from your participation in sports activities organised through the platform;
- Any acts or omissions of other users, venue operators, or third parties;
- Any interruption, suspension, or termination of the Services.
In no event shall SPORTR’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Services exceed the greater of (a) the amounts paid by you to SPORTR in the twelve (12) months preceding the claim, or (b) CHF 100.
7.3 Assumption of Risk
You expressly acknowledge and agree that participation in sports and physical activities carries inherent risks, including the risk of serious injury, disability, or death. By using the Services to discover, organise, or join sports activities, you voluntarily assume all risks associated with such activities. SPORTR is a technology platform and does not supervise, instruct, or control any sports activity.
7.4 Force Majeure
SPORTR shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, government actions, power failures, or internet disruptions.
7.5 Indemnification
You agree to indemnify and hold harmless SPORTR, its officers, employees, and agents from and against any third-party claims, damages, losses, and reasonable expenses (including legal fees) arising out of or relating to your violation of these Terms, your User Content, or your organisation of or participation in sports activities, except to the extent caused by SPORTR’s own fault.
8. Termination
8.1 Termination by You
You may terminate your account at any time by using the account deletion feature in the App, via sportr.ch/delete-account, or by contacting us at support@sportr.ch. Upon termination, your right to use the Services will cease immediately. We will delete or anonymise your personal data in accordance with our Privacy Policy and applicable law, subject to any legal retention obligations.
8.2 Termination by SPORTR
SPORTR reserves the right to suspend or terminate your account, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or if your continued use poses a risk to other users or the platform. In cases of suspected illegal activity, we may report the matter to the appropriate authorities.
8.3 Effects of Termination
Upon termination, all licences granted to you under these Terms shall immediately cease. Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property provisions, limitation of liability, indemnification, and dispute resolution clauses.
9. Dispute Resolution
9.1 Amicable Resolution
In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation. You may contact SPORTR at privacy@sportr.ch to initiate this process.
9.2 Jurisdiction
If the dispute cannot be resolved amicably within thirty (30) days, any legal action shall be brought exclusively before the competent courts of the Canton of Geneva, Switzerland, unless mandatory consumer protection laws in your country of residence provide for a different forum. For consumers resident in the EU/EEA, nothing in this clause limits your right to bring proceedings in the courts of your country of residence in accordance with Regulation (EU) No 1215/2012 (Brussels I bis).
9.3 EU Online Dispute Resolution
For users in the European Union, the European Commission provides an Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. SPORTR is not obligated to participate in dispute resolution proceedings before a consumer arbitration body but will consider doing so on a case-by-case basis.
10. Modifications to These Terms
SPORTR reserves the right to modify these Terms at any time. We will notify you of material changes at least thirty (30) days before they take effect by publishing the updated Terms in the App and, where appropriate, by sending a notification to your registered email address or via push notification. The “Effective Date” and “Last Updated” date at the top of this document will be revised accordingly. Your continued use of the Services after the effective date of any modification constitutes acceptance of the updated Terms. If you do not agree with a modification, you must stop using the Services and delete your account.
11. Miscellaneous Provisions
11.1 Entire Agreement
These Terms, together with the Privacy Policy and any supplementary terms or policies referenced herein, constitute the entire agreement between you and SPORTR regarding the use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals.
11.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
11.3 Waiver
No failure or delay by SPORTR in exercising any right under these Terms shall operate as a waiver of that right. A waiver of any right or provision shall be effective only if in writing and signed by SPORTR.
11.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without SPORTR’s prior written consent. SPORTR may assign its rights and obligations under these Terms to any affiliate or successor entity, provided that such assignee agrees to be bound by these Terms.
11.5 Language
These Terms are drafted in English. In the event of any discrepancy between the English version and any translation, the English version shall prevail, to the extent permitted by applicable law.
11.6 Notices
All notices from SPORTR to you will be sent to the email address associated with your account or displayed within the App. All notices from you to SPORTR should be sent to privacy@sportr.ch or to our registered postal address.
12. Contact Information
SPORTR (association under Swiss law)
Route des Jeunes 35
1227 Carouge, Switzerland
Email: privacy@sportr.ch
Support: support@sportr.ch
UID: CHE-199.854.425
These Terms are drafted in English and are also available in French for convenience. In the event of any discrepancy between the versions, the English version prevails, to the extent permitted by applicable law.