Terms of use

1. Scope and Definitions

These Terms of Use apply to our tournament planner and all related services. myTMAN provides services for tournament planning via its website www.mytman.io/ (“the Website”).

These General Terms of Use (GTU) regulate the content of the usage relationship between myTMAN and the customer or user of the services. myTMAN offers the use of the services and websites only under these GTU and explicitly rejects the applicability of other terms and conditions.

Any individual contractual agreements made between myTMAN and the user shall take precedence over these GTU.

Definitions used in these GTU:

  • “User”: Any natural or legal person who uses the myTMAN services.
  • “Services”: The functionalities made available to the user via the website, such as creating tournaments, sending emails, or generating tournament schedules. The list of functions can be found here: https://mytman.io/
  • “Processor”: A party that processes data on behalf of a controller. myTMAN acts as the processor of the user, who defines the purposes and means of data processing. myTMAN may also engage additional processors (“sub-processors”) to carry out data processing.
  • “User data”: Data processed by myTMAN on behalf of the user within the scope of providing the services.
  • “Personal data”: Information related to an identified or identifiable natural person.
  • “Parties”: Refers to myTMAN and the user.

2. Tournament Organizers / Responsibility for Content

myTMAN does not act as the organizer of tournaments presented on organizer domains. We provide our users with the ability to create and manage their own tournaments.

The respective organizer is solely responsible for the evaluation and organization of the tournaments. The user who uploads the content is responsible for its accuracy and legality.

We cannot provide organizational information. In such cases, users should contact the respective organizer, particularly in the following cases:

  • A participant needs to be deregistered.
  • The tournament location cannot be found.
  • An item has been lost.
  • A result is considered incorrect.
  • A participant’s name is misspelled.

3. Registration, User Account, and Usage Agreement

Using myTMAN services requires the user to create an online account (the “Account”). The usage agreement is established when myTMAN activates the account following the registration process, incorporating these GTU. The agreement can be concluded in German or English.

myTMAN will promptly confirm the registration, the establishment of the usage agreement, and the booking of packages and additional services electronically via the email address provided by the user.

The user agrees to provide truthful information when creating an account, particularly their name, email address, and phone number. This data is processed in accordance with the myTMAN Privacy Policy.

The user is responsible for ensuring the accuracy of their information and must promptly update it or notify myTMAN of any changes.

The user must not share access to their account with third parties and must take appropriate measures to prevent unauthorized access. The user is responsible for all actions taken under their account unless they can prove they were not responsible. This includes actions taken by third parties if their access was enabled by the user’s negligence.

The user agrees to immediately notify myTMAN of any fraudulent or unauthorized use of their account and to change their password without delay. Any costs incurred due to unauthorized use of the account until myTMAN is informed will be borne by the user unless they can prove they were not responsible.

myTMAN is not liable for damages resulting from third-party use of the account, with or without the user’s consent, unless myTMAN is directly responsible.

myTMAN stores messages sent via its platform on behalf of the user. Distribution lists will be maintained as long as the user has a valid account. myTMAN ensures the integrity, confidentiality, and security of the user’s confidential information at an appropriate level, considering technological standards, implementation costs, and the nature, scope, circumstances, and purposes of processing, as well as the varying probability and severity of potential risks.

4. Packages, Additional Services, Fees, and Auto-Upgrade

4.1 Packages

The user subscribes to a package under the usage agreement. The user can choose from different packages (Free, Standard, Professional, Club), each with specific functionalities and optional add-ons. Depending on the chosen package, emails sent by the user may include a reference to myTMAN (e.g., a “Sent by myTMAN” logo). For package duration, see Section 7.

Each package has limitations on the number of tournaments that can be created, the available tournament modes for generating schedules, email sending volume, and the number of contacts (“contact limit”).

4.2 Fees

By subscribing to a package, the user agrees to pay the applicable fee to myTMAN. Additional services are charged separately as agreed. The applicable prices are displayed on the pricing page. Prices are exclusive of any applicable VAT.

5. Use of Services

5.1 Compliance with Applicable Regulations

Each party declares that they will comply with the applicable laws and regulations. The user ensures that their use of myTMAN services does not violate laws, administrative regulations, or international agreements, particularly the laws of Germany, the country where the user is based, and the country where the individuals in the user’s contact lists reside.

Users must ensure they have legal permission or consent from recipients for sending marketing or commercial communications. Failure to provide this may result in penalties or account restrictions.

5.2 Intellectual Property Rights

Users grant myTMAN the necessary rights to use intellectual property (e.g., names, trademarks, copyrights) for fulfilling the contract. The user guarantees they own these rights and indemnifies myTMAN against any third-party claims.

myTMAN retains ownership of all intellectual property rights related to its software, services, and trademarks.

5.3 Protection of Personal Data

myTMAN implements security measures in compliance with Art. 32 GDPR to ensure the protection of personal data, including:

  • Multi-level firewalls.
  • Proven antivirus protection and hacking detection.
  • Encrypted data transmission via SSL/HTTPS/VPN technology.

Users must not upload sensitive personal data (e.g., health data, criminal records, social security numbers) to myTMAN services.

6. Use of Widgets

The use of widgets is permitted only for registered users with a corresponding package. Modifications to the widget code require prior approval.

Prohibited modifications include:

  • Altering widget content via client-side scripts (e.g., JavaScript, CSS).
  • Embedding widgets in a way that hides the link to myTMAN.

7. Software Condition and Modifications

myTMAN provides the software in its current version and reserves the right to make changes for maintenance, bug fixes, usability improvements, or feature additions.

Significant changes will be announced via email. Users with a paid account may terminate their contract early if changes significantly impact their service.

8. Changes to Terms of Use

myTMAN may modify these GTU, its anti-spam and privacy policies, and its offerings. Users will be notified via email and asked to accept the changes. If a change is unfavorable, users have 30 days to cancel their subscription. If no cancellation is received, the changes are deemed accepted.

9. Term and Termination

The duration of the usage agreement depends on the subscribed package.

  • Free packages can be canceled at any time.
  • Paid packages renew automatically unless canceled before the renewal date.

Users can terminate the contract via their account settings or email. Upon termination, data remains accessible for 14 days before being permanently deleted.

10. Reference Usage

myTMAN is authorized to use the user’s name and logo for reference purposes in its communications unless the user explicitly revokes this permission via email.

Attachment 1 – Agreement on the processing of personal data

This contract for order processing is concluded between the user and myTMAN.

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