General Terms and Conditions

1.1. These General Terms and Conditions ("GTC") govern the use of the Software-as-a-Service platform "THENN·OS" ("Platform"), provided over the Internet by One Step Ahead UG (haftungsbeschränkt), registered in the Commercial Register of the Local Court of Bielefeld under HRB 46189, Schlangenstraße 13, 33607 Bielefeld, Germany ("Provider").

1.2. Contracting parties. Contracting parties of the Provider are (a) the commercial customer — in particular tennis schools, clubs, academies and their owners or operators ("Customer") — and (b) end users invited by the Customer or self-registering (players, coaches, legal guardians, managers) with respect to platform use only. Contracts for actual training services are concluded exclusively between the end user and the Customer (see § 5).

1.3. Deviating or conflicting terms and conditions of the Customer shall only become part of the contract if the Provider expressly agrees to them in text form. With respect to end users who are consumers within the meaning of § 13 German Civil Code (BGB), mandatory consumer protection provisions take precedence.

2.1. The Provider makes the Platform available for browser-based management of tennis-training operations, in particular bookings, schedule planning, player and coach administration, season surveys, transactional emails and (via Stripe Connect) payment processing.

2.2. The specific scope of functions follows the booked tariff and the current service description on the website. The Provider is entitled to continuously develop, supplement, modify or replace individual functions of the Platform. Material functional changes will be announced with reasonable lead time (typically 14 days).

2.3. Availability. The Provider endeavours to ensure a high availability of the Platform but does not owe any specific or uninterrupted availability and gives no warranted characteristic within the meaning of § 443 BGB in this respect. Temporary or insignificant impairments, announced maintenance windows, force majeure, and disruptions not attributable to the Provider (e.g. outages of the Internet, electricity or engaged sub-processors) or attributable to the Customer do not constitute a defect.

2.4. Updates and maintenance. During the contract term, the Provider supplies updates required to maintain the contractual functionality, in particular security and adaptation updates. The Customer will be informed of relevant updates within the Platform or by email and shall provide reasonable cooperation in their deployment.

2.5. Maintenance. Maintenance work shall, where foreseeable, be carried out during low-usage hours (typically 02:00–06:00 CET) and shall not count as downtime. For critical security updates the Provider may act without prior notice; the Customer will be informed promptly thereafter.

2.6. Trial and beta access; no penalties. No specific availability is owed for free trial, demo or beta access. Service credits or contractual penalties for unavailability or limited availability of the Platform are excluded; the Customer's statutory rights in case of defects remain unaffected.

3.1. Use of the Platform requires creation of a user account. The respective account holder warrants the accuracy and completeness of all information and shall update such information without undue delay upon any change.

3.2. For end users under 16 years of age, the consent of the legal guardian is required (Art. 8 GDPR). The Customer shall ensure that all required consents are in place before inviting or enrolling minors on the Platform.

3.3. Access credentials shall be kept confidential and protected against unauthorized third-party access. The account holder shall report suspected or actual unauthorized access without undue delay to security@thenn-os.de.

4.1. Prohibited use. The Customer shall use the Platform exclusively for the agreed purposes and in compliance with applicable law. In particular, the following are prohibited: posting unlawful content or content infringing third-party rights; attempts to compromise the technical integrity or availability of the Platform (e.g. reverse engineering, penetration testing without prior written consent, bot access); commercial sub-licensing or resale of the Platform to third parties without the Provider's consent.

4.2. Special categories of data. Where the Customer processes special categories of data (Art. 9 GDPR, in particular health data on injuries or physical limitations of its end users), the Customer shall ensure, document and demonstrate to the supervisory authority on request the required legal bases — in particular explicit consent. The Platform provides supporting tools (consent ledger, templates) for this purpose.

4.3. Data ownership and own backup. The Customer remains the sole owner of all rights to content and personal data uploaded by the Customer and its end users. The Provider receives a simple, non-exclusive, geographically unrestricted right to store, reproduce and process such data exclusively for contract performance (in particular hosting, backup, display in tenant context). The Customer is responsible for regular own backups of business-critical data.

4.4. Indemnification. The Customer shall indemnify the Provider against all third-party claims — in particular by its end users (players, legal guardians) and by supervisory authorities — asserted against the Provider on account of unlawful use of the Platform attributable to the Customer, of content or data uploaded by the Customer, or of a breach of the Customer's obligations as the controller under data protection law (in particular missing legal bases or consents, § 4.2). The indemnification includes the reasonable costs of necessary legal defense. It does not apply to the extent the Customer is not responsible for the underlying breach. The Provider will inform the Customer of any claim without undue delay and will neither acknowledge the claim nor enter into a settlement without coordination with the Customer. If the third-party claim turns out to be unfounded, the Provider will refund the amounts paid by the Customer for it.

4.5. Suspension for violations. In the event of reasonable suspicion of a serious violation of § 4.1 or an acute threat to the security, integrity or availability of the Platform, the Provider is entitled to temporarily suspend the affected access. The Provider shall choose the mildest suitable measure, inform the Customer without undue delay, and lift the suspension as soon as the cause ceases. For suspension periods for which the Customer is responsible, the fee claim remains in place.

6.1. The fees agreed in the chosen tariff are payable monthly in advance. All prices are net of any applicable statutory value-added tax for entrepreneurs.

6.2. Invoices are due for payment without deduction within 14 calendar days of receipt. Upon expiry of this period, the Customer is in default without further reminder (§ 286 (3) BGB). In case of payment default, the Provider is entitled to suspend access to the Platform after expiry of a reasonable grace period; further rights (in particular extraordinary termination, damages) remain unaffected.

6.3. The Customer may set off or exercise rights of retention only with respect to claims that are undisputed or have been established by final judgment, or that are in close synallagmatic relationship to the Provider's claim.

6.4. Price adjustment clause. The Provider is entitled to adjust the monthly usage fees at the start of each contract year by a maximum of 5 % p.a. to compensate demonstrable cost increases (e.g. hosting, personnel, sub-processor fees, wage developments). If the cost factors relevant for pricing decrease in a comparable manner, the Provider is obligated to lower prices accordingly (reciprocity). Increases will be announced at least 6 weeks in advance in text form; the Customer has a special right of termination effective on the date the increase takes effect. On request, the Provider will disclose the cost factors relevant to the adjustment in a comprehensible form.

7.1. The contract is concluded for an indefinite period unless a fixed term (e.g. annual contract) has been expressly agreed.

7.2. Either party may ordinarily terminate the contract with a notice period of 30 days to the end of the calendar month in text form (email or via the termination function in the profile).

7.3. The right to extraordinary termination for good cause remains unaffected; good cause exists in particular in the event of repeated payment default, serious breach of these GTC, or violations of § 4.1.

7.4. Deletion after the end of the contract. After the end of the contract, the Provider grants the Customer a period of 30 days during which the Customer may exercise its statutory data-subject rights — in particular access and data portability under Art. 15 and 20 GDPR. Subsequently, personal data will be deleted from the active system within a further 14 days; encrypted backup fragments remain in disaster-recovery copies for up to 90 days. Records subject to statutory retention (in particular invoices) remain with the Provider for the statutory period (§ 257 German Commercial Code).

8.1. The Provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

8.2. In cases of simple negligence, the Provider is liable solely for breach of a material contractual obligation (cardinal obligation); in such case, liability is limited to the foreseeable, contract-typical damage at the time of conclusion of contract. A material contractual obligation is an obligation the fulfilment of which enables the proper performance of the contract in the first place and on the compliance with which the contracting partner may regularly rely.

8.3. Strict liability. Vis-à-vis entrepreneurs, the Provider's strict liability for damages on account of defects existing at the time of conclusion of contract (§ 536a (1) BGB) is excluded.

8.4. Data loss. The Provider performs regular backups in line with the state of the art (disaster recovery). In the event of data loss, the Provider's liability in cases of simple negligence is limited to the typical effort required to restore the data from the most recent proper backup. Further liability for indirect damages, lost profits or consequential costs of data loss is excluded unless a material contractual obligation within the meaning of § 8.2 is affected; in that case the Provider is liable for the contract-typical, foreseeable damage. § 8.1 remains unaffected.

8.5. The Provider's liability towards entrepreneurs is otherwise excluded.

8.6. The above liability limitations also apply in favor of the legal representatives, employees, subcontractors and vicarious agents of the Provider. They do not apply where the Provider has fraudulently concealed a defect, has assumed a guarantee for the quality of the item, or for claims under the German Product Liability Act.

8.7. Limitation period. The Customer's claims for damages become time-barred within twelve months from the statutory commencement of the limitation period. This does not apply to claims based on intent or gross negligence, on injury to life, body or health, on a guarantee or under the German Product Liability Act, in the case of fraudulently concealed defects, or to claims arising from the breach of material contractual obligations (§ 8.2); the statutory limitation periods apply in those cases.

9.1. The Provider processes personal data in compliance with the GDPR. Details are set out in the Privacy Policy, which is available at any time.

9.2. Data Processing Agreement. Where the Provider processes personal data of end users on behalf of the Customer, the Provider acts as a data processor pursuant to Art. 28 GDPR. With conclusion of this contract, a Data Processing Agreement (DPA) is also entered into; its content is available at https://thenn-os.de/avv or will be provided in text form on request and lists, among other things, the current sub-processors (hosting, database, payment service provider, AI provider, email delivery).

10.1. The Provider may amend these GTC with effect for the future where this is objectively required due to changes in legislation or case law, new technical functions, changed sub-processors or to close regulatory gaps. The material primary obligations of the parties (in particular scope of services, fees) shall remain unaffected.

10.2. Changes will be communicated to the Customer at least 6 weeks before they take effect in text form (e.g. by email or in-app notification). If the Customer does not object in text form within this period, the amended GTC shall be deemed accepted; the Provider shall expressly point this out in the change notification. In the event of timely objection, the contract shall end with the entry into force of the amendment; pre-paid fees shall be refunded on a pro-rata basis.

11.1. With express consent of the Customer, the Provider is entitled to use the Customer's company name and logo for reference purposes ("Trusted by…") on its website, in pitch decks and marketing materials. Consent may be granted upon conclusion of the contract or at any later time.

11.2. The Customer may revoke its consent at any time in text form (email to support@thenn-os.de). After revocation, the reference will be removed from active materials within 14 days; there is no obligation to recall already printed materials.

12.1. Force majeure. The Provider shall not be liable for service disruptions caused by force majeure (e.g. natural disasters, war, official orders, large-scale Internet outages, outages of essential sub-processors not caused by the Provider). The obligations of both parties shall be suspended for the duration and to the extent of the impediment; either party shall have the right to extraordinary termination after a duration of 30 days.

12.2. Beta functions. Functions designated by the Provider as "Beta", "Preview" or "Experimental" are provided without warranty and may be changed or discontinued at any time without prior notice. § 8.1 (unlimited liability for intent, gross negligence, personal injury) remains unaffected.

12.3. Sub-processors. For service delivery, the Provider engages sub-processors (in particular hosting, database, payment service provider, AI provider, email delivery). A current list is set out in the Privacy Policy and the DPA. Material changes will be announced with reasonable lead time; the Customer has a right of objection pursuant to Art. 28 (2) GDPR.

13.1. The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the end user's country of residence remain unaffected.

13.2. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law and special funds under public law is Bielefeld. The Provider is also entitled to sue the Customer at the Customer's general place of jurisdiction.

13.3. Severability. Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the valid provision that comes closest to the economic intent of the parties; § 306 BGB remains unaffected.

13.4. Order of precedence. In the event of conflicts between contractual components, the following order of precedence applies: (1) the individual order confirmation, (2) the Data Processing Agreement (DPA), (3) these GTC, (4) the applicable service description. For data-protection information obligations, the Privacy Policy is authoritative.

13.5. Assignment and transfer of contract. The Customer may transfer rights and obligations under this contract to third parties only with the Provider's prior consent in text form. The Provider is entitled to transfer the contract with all rights and obligations to a third party in the context of a business transfer or restructuring; the Customer will be informed thereof in good time in text form and shall have a special right of termination effective at the time of transfer.

13.6. Collateral agreements, text form. No oral collateral agreements exist. Amendments and supplements to this contract require text form; this also applies to any change to this text-form requirement. § 10 (Amendments to these GTC) remains unaffected.