Terms of Use

1. Scope and Definitions

These Terms of Use apply to our tournament scheduler and all related services. myTMAN offers services related to tournament scheduling through its website www.mytman.io (“the Website”).

These General Terms of Use (GTU) govern the relationship between myTMAN and the customer or user of the services. myTMAN offers the use of the services and websites solely in accordance with these GTU and excludes the applicability of any other terms and conditions.

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

The terms used in these Terms and Conditions are defined as follows:

“User” means any natural or legal person who uses the myTMAN services.

The “Services” provided by myTMAN are the features made available to users via the website, such as creating tournaments, sending emails, or generating tournament schedules. The list of features can be viewed here: https://mytman.io/

A “data processor” is any entity that processes data on behalf of a data controller. myTMAN acts as a data processor for the user, who defines the purposes and means of data processing. myTMAN may also engage other data processors (“subprocessors”) to carry out data processing.

“User data” refers to data processed by myTMAN on behalf of the user in connection with the provision of services. “Personal data” refers to information relating to an identified or identifiable natural person. “Parties” refers to myTMAN and the user.

2. Tournament Organizers / Content Managers

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

The respective organizer is solely responsible for the scoring and organization of the tournaments. The user who posts the content is responsible for that content.

We are unable to provide information of an organizational nature. In such cases, please contact the respective organizer, particularly in the following situations:

  • A participant is to be removed from the list,
  • The way to the tournament cannot be found,
  • an item has been lost,
  • A result is considered incorrect,
  • A participant's name is misspelled.

3. Registration, User Account, User Agreement

Use of the myTMAN services requires the user to create an online account (the “Account”). The User Agreement is concluded when myTMAN activates the Account following completion of the registration process, subject to these Terms of Use. The Agreement may be concluded in either German or English.

myTMAN will immediately confirm the user’s registration, the conclusion of the user agreement, and the booking of packages and additional services via email to the address provided by the user.

When creating an account, the user agrees to provide the required information, including their last name, first name, email address, and phone number, truthfully. This data will be processed in accordance with the myTMAN Privacy Policy.

The user is responsible for the accuracy of the information provided and agrees to update their information promptly or to notify myTMAN of any changes to that information.

The user shall not disclose access to the account to third parties and shall take appropriate measures to prevent third parties from accessing the account. The user is responsible for actions taken under their account, unless they are not at fault for such actions. The user is also responsible for use by third parties that is made possible through the user’s negligence.

The user agrees to notify myTMAN immediately in the event of fraudulent or otherwise unauthorized use of their account and to change their password immediately. The user shall bear all costs arising from unauthorized use of their account until myTMAN is notified thereof, unless the user is not at fault.

myTMAN shall not be liable for any damages resulting from the use of the account by third parties, with or without the user’s consent, unless myTMAN is responsible for such use by the third party.

myTMAN stores messages sent via its platform on behalf of the user. Distribution lists are maintained as long as the user has properly set up and updated their account. myTMAN protects the integrity, confidentiality, and security of the user’s confidential information at an appropriate level of protection, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of the processing, as well as the varying likelihood and severity of potential risks.

4. Packages, Other Services, Payment, and Car Upgrade

4.1 Packages

The user enters into the user agreement for a specific package. The user may choose from various packages (Free, Standard, Professional, Club), each of which includes a specific set of features and can be supplemented with additional options. Depending on the package selected by the user, emails sent by the user may include a reference to myTMAN (e.g., a “Sent by myTMAN” logo). For the term of the packages, see Section 9.

Each package has specific limitations on the number of tournaments that can be created, as well as on the selection of available tournament modes for creating tournament schedules, email sending volume, and the number of contacts (the latter being the “contact limit”). When purchasing a package, the user can select the one that best suits their needs. The number of tournaments is the maximum number of tournaments that the user can create simultaneously. The email sending volume is the maximum number of emails that the user is permitted to send in a month based on the package they have booked. If the user does not utilize the email sending volume, it expires at the end of the month. The contact limit means that the number of recipients in the contact list is restricted.

4.2 Compensation

By entering into a service agreement for a package, the user agrees to pay myTMAN the agreed-upon fee. For any other additional services, the user must pay myTMAN the respective agreed-upon fee as specified. The current prices are listed on the pricing page. The prices shown do not include any applicable sales tax.

5. Use of the Services

5.1 Compliance with applicable regulations

Each party represents that it will comply with the legal requirements applicable to its activities. The user shall ensure that their use of the myTMAN services does not violate any laws, administrative regulations, or applicable international agreements, in particular the laws of the Federal Republic of Germany, the laws of the country in which the user has their place of business, and the laws of the country in which the persons listed in the user’s distribution lists have their habitual residence. In particular, regulations and provisions regarding competition law, criminal law, copyright law, trademark law, labeling law, patent law, and naming rights, as well as regulations on the protection of minors and other third-party rights, must be observed. In particular, the user shall also observe and comply with all existing statutory information obligations, e.g., regarding provider identification (Section 5 DDG), commercial communications (Section 6 DDG), and the revocability of consents and unsubscribing from emails (in particular, Section 7 GDPR, Section 7 UWG).

The user shall ensure that they have obtained the valid consent of the recipient in question or a legal authorization to send or receive advertising or commercial communications.

If the user cannot provide proof of legal authorization or the recipient’s consent to send promotional messages, the customer is obligated to pay a contractual penalty if myTMAN receives a valid complaint or warning letter as a result.

The contractual penalty is:

  • 40.00 EUR in the event that a recipient of an email files a complaint with myTMAN, resulting in administrative costs for myTMAN (e.g., handling the matter by phone or email);
  • 500.00 EUR in the event of a cease-and-desist letter from an email recipient, a competitor, or an authorized association;
  • 5,001.00 EUR in the event of a complaint filed with the Certified Senders Alliance, which may result in a warning or the loss of whitelist status.

If myTMAN receives multiple such complaints as a result of an email campaign conducted by the user, myTMAN is entitled to determine, at its reasonable discretion and taking into account the amounts specified above for a single violation, an appropriate total contractual penalty, the amount of which may be reviewed by the user before the competent court in the event of a dispute. Eligible associations include those institutions authorized to bring class-action lawsuits pursuant to Section 8(3) of the German Unfair Competition Act (UWG). myTMAN reserves the right to assert claims for damages; in such a case, the contractual penalty shall be offset against any claim for damages.

5.2 Rights of Use, Intellectual Property

5.2.1 User's Intellectual Property Rights

The user grants myTMAN all rights necessary for the performance of the contract (in particular, rights to the name, trademarks, copyrights, trade names, and corporate identity).

The user shall ensure that:

  • that he owns the intellectual property rights and industrial property rights granted to myTMAN and was authorized to grant them, and that these rights have not been assigned, pledged, encumbered, or transferred to third parties in any way;
  • that he has not, and will not, through an assignment to a third party or by any other means, take any action that could impair these rights of use to intellectual property and industrial property rights;
  • that, when using the services, he will not use any content that could infringe on the rights of third parties;
  • that no legal disputes or proceedings regarding the user's intellectual property rights are pending or have been initiated.

In addition, the user agrees to indemnify myTMAN against all claims by third parties, including reasonable legal defense costs or penalties to which myTMAN may be subject as a result of the user’s failure to comply with this provision, unless such failure is not the user’s fault.

5.2.2 myTMAN’s Intellectual Property Rights

All content, including but not limited to computer programs, services, processes, designs, technologies, trademarks, logos, and inventions, used on the websites or accessible through the websites or the myTMAN services, is the intellectual property of myTMAN or its licensors.

Users agree not to use the websites, services, or any of the aforementioned elements for purposes other than those specified in the agreement.

5.3 Protection of Third-Party Personal Data

For the purpose of providing the Services, myTMAN has access to information contained in the email distribution lists created by users, as well as to the subject lines and content of emails sent via the Services to users’ distribution lists. This information contains personal data of third parties.

5.3.1 User Responsibilities Regarding Personal Data and Deletions

As the sender of emails and the user of mailing lists, the user is responsible for the processing of personal data contained in these emails and mailing lists in accordance with applicable laws. If the user is based in the European Union or if their emails or distribution lists contain personal data of citizens of the European Union, the user shall ensure that they comply with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (“GDPR”) as well as the Federal Data Protection Act (BDSG), and that they require their employees to do the same, in particular:

  • that the personal data contained in the transmitted files is collected and processed in compliance with legal requirements;
  • that the user has informed the data subjects in accordance with the applicable legal provisions;
  • that the user has obtained the necessary consents from the data subjects for the collection and processing of their data;
  • that the user enables data subjects to exercise their rights in accordance with legal requirements;
  • that the user is obligated to correct, supplement, clarify, update, or delete information if they become aware that the data is inaccurate, incomplete, ambiguous, or out of date, or if the data subject exercises their relevant rights.

The user is solely responsible for complying with retention requirements for personal data that they upload to the myTMAN websites. It is the user’s sole responsibility to delete personal data once the retention periods have expired.

Notwithstanding myTMAN’s retention obligations, myTMAN reserves the right to delete the user’s account, including its contents, if the user has not logged into the account for ninety (90) days. Provided that the period of inactivity has not exceeded 18 months, myTMAN will notify the user via email of the impending deletion of the account. Following this notification, the account and its contents will be automatically and permanently deleted if the user has not logged into the account before the end of the inactivity period. Once deleted, the account and any associated data cannot be recovered.

myTMAN reserves the right to periodically delete data generated in the user account through the use of the platform and services, including events and logs (“Logs”), statistics and reports based on them, as well as email previews. Logs are deleted at least every 24 months after they are created, while email previews are deleted every 30 days. These data deletions may affect the availability of statistics and reports generated by the services up until the time of deletion. myTMAN recommends that the user download this data regularly.

myTMAN deletes the data at the end of the contractual relationship with the user, unless myTMAN is legally permitted to retain it for a longer period.

Furthermore, the user is obligated not to include any special categories of personal data as defined in Article 9 of the GDPR—in particular, no health data, no data regarding criminal convictions and offenses, no Social Security numbers, and no bank card numbers—in the emails, data, or distribution lists uploaded to the myTMAN platform. myTMAN objects to the processing of such personal data. In the event of a breach of this obligation, the user is obligated to indemnify myTMAN against all claims, including reasonable legal defense costs incurred by myTMAN as a result of non-compliance with this provision, unless the user is not at fault.

5.3.2 Protection of the User's Personal Data

myTMAN takes all measures required under Article 32 of the GDPR to ensure the security of personal data, in particular to prevent such data from being altered or destroyed or from being accessed by unauthorized third parties.

These measures include:

  • Multi-layer firewall
  • Proven virus protection and detection of hacking attempts
  • Encrypted data transmission using SSL/HTTPS/VPN technology

In addition, access to data processing via myTMAN services requires the user to authenticate themselves using a unique access code and a password. The password and access code are sufficiently secure and are updated regularly.

Data transmitted over unsecured communication channels is subject to technical measures designed to render it unrecognizable to unauthorized persons.

5.3.3 Conditions for Data Processing on Behalf of a Client

mytMAN acts as a data processor on behalf of the user and undertakes to comply with the obligations set forth in the appendix titled “Agreement on the Processing of Personal Data.”

In this context, it is stipulated that:

  • the user can retrieve their distribution lists at any time by sending an email request.
  • The personal data contained in the distribution lists may only be disclosed to third parties in the following cases:

(i) upon instruction from the user confirming that the data subject has personally consented to the disclosure;

(ii) at the request of the competent authorities, pursuant to a court order, or in connection with a legal proceeding.

5.4 Prohibited Uses

Users are permitted to use the myTMAN services solely for personal use and may not make them available to third parties, assign them, or transfer them, whether for free or for a fee. Use of myTMAN is limited to one (1) account per user, unless otherwise agreed.

Any use of the Services by the user that could damage, disable, or overload the infrastructure of myTMAN or the associated systems and networks, or that could interfere with other users’ use of the Services, is prohibited.

Any attempt by the user to access services, other accounts, computer systems, or other networks connected to a myTMAN server or any of its services without authorization, whether through hacking or other methods, is prohibited.

The use of the services to store or transmit illegal content, or in connection with illegal activities, or to promote such activities, is prohibited; for example, content related to illegal drugs, hacking programs, instructions for assembling or manufacturing bombs, grenades, or other weapons, or materials that depict violence against children or encourage violence.

Any use of the Services by the user that violates laws and regulations regarding telemarketing, email marketing, anti-spam, anti-phishing, or the protection of personal data is prohibited.

Any use of the services that infringes upon the rights of third parties is prohibited.

In the event of a violation of the provisions of Section 4.3, myTMAN reserves the right to issue a warning to the customer and/or to suspend the user’s access to the services in whole or in part. myTMAN also reserves the right to otherwise deny or restrict a user’s access to their account or to services if the use of the account violates these Terms of Service or legal regulations regarding the sending of advertising. When deciding whether to suspend the account or to deny or restrict access to the services, myTMAN will give due consideration to the user’s legitimate interests.

The following topics are prohibited within the Services and on the myTMAN websites:

  • The promotion of content that glorifies violence, is discriminatory, is prohibited by law, is harmful to minors, violates public decency, or threatens public order and safety
  • Extremist content or activities directed against the free democratic basic order of the Federal Republic of Germany (activities hostile to the constitution)
  • Weight loss
  • Currency trading or exchange, fraudulent stock and securities transactions
  • Work-from-home opportunities that promise quick and substantial profits, or pyramid schemes
  • Pornography
  • Solutions for Erectile Dysfunction
  • Poaching of employees
  • Virtual Currency Offerings / Initial Coin Offering (ICO)

Accounts related to the following topics are permitted only under certain conditions:

  • Clairvoyance, Divination, and Astrology
  • Gambling and other games of chance
  • Dating services
  • Messages to contacts on social networks such as LinkedIn, Xing, and Viadeo

5.5 Using Our Widgets

All registered users whose subscription plan includes the use of widgets are permitted to use them. The widget code generated by our generator may only be modified with prior approval. In particular, the following actions are prohibited:

  • Modifying the widget's content using client-side code (e.g., JavaScript, CSS)
  • Embedding the widgets in a way that hides the link to our site
  • The embedding of widgets on a page that violates legal regulations, the rights of third parties, or public decency is prohibited. In particular, embedding on pages containing discriminatory, populist, sexist, violence-glorifying, or content harmful to minors is prohibited.

The following actions are permitted even without explicit authorization:

  • Adjust the size as long as it doesn't hide the link to our site.
  • Adjustments that our generator could also make to ensure a consistent appearance across multiple widgets.

6. Use of Our Trademarks

The use of our name requires our explicit permission. This permission can be requested via email.

7. Condition of the Software

The software is available to users on our domains only in its current version. Users agree to always use the version of the software provided by us.

The software may contain errors that could impair its use or distort calculations. It should therefore not be used in sensitive areas. We always strive to correct errors as quickly as possible, within reasonable limits. Users acknowledge that our service may not be free of errors.

Changes to the software

We reserve the right to modify the software at any time in order to

  • to perform maintenance work,
  • to correct errors,
  • to make minor changes to the operation, or
  • add new features.

Following prior notice via email to registered users, we also reserve the right to remove features or make significant changes to them. In such cases, users with a paid account have the option to terminate their subscription early if the change occurs within a period that has already been booked and paid for.

8. Changes to the Terms of Use, myTMAN’s Policies, and the Services

myTMAN may amend these Terms and Conditions, its anti-spam and privacy policies, and its offerings, including with respect to existing contractual relationships, in accordance with the procedure described below or by means of a notice of amendment.

The user will be notified of any changes via email or directly through their myTMAN account and asked to accept the change in order to continue using the services. If a change is unfavorable to the user, the user has 30 calendar days to cancel the package or request the deletion of their account. If myTMAN does not receive a cancellation notice, the changes are deemed to have been approved by the user.

The Terms of Use, myTMAN’s anti-spam and privacy policies, and the terms of service updated with the latest changes are available on the website at any time.

9. Term, Termination

The term of the usage agreement depends on the package selected by the user.

Free packages do not have a specific contract term; either party may terminate the user agreement by giving one day's notice, effective the following day.

Paid plans have a monthly, quarterly, or annual term, depending on what the user selected when entering into the service agreement. During this fixed term, the service agreement cannot be terminated by either party under ordinary circumstances, but only for good cause.

Paid plans automatically renew at the end of the plan’s term (e.g., one month) for an additional term equal to the initial term (as in the example: one month). Either party may prevent automatic renewal by canceling the plan in advance.

The user may cancel the user agreement through their account or by email. If the user cancels a user agreement for a package, the package will continue until the end of the current term and will not be renewed. Any remaining credit balance at the end of the term will expire.

The parties’ right to terminate the User Agreement for cause remains unaffected. In particular, myTMAN is entitled to terminate the agreement for cause if the user violates these Terms of Use.

In the event of termination by myTMAN, the user will have two weeks to view the data stored on the services and back it up if necessary.

10. Acknowledgments

myTMAN is authorized to mention the user’s club name and logos as a reference in its communications. The user grants myTMAN the necessary rights of use free of charge. The user may revoke this authorization at any time by sending an email to myTMAN.

Appendix 1 - Agreement on the Processing of Personal Data

This data processing agreement is entered into between the user and myTMAN.

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