Terms of Service

1. Acceptance of Terms

By creating an account or using oClub (the "Platform"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you may not use the Platform.

The Platform is operated by ABTM Projects GmbH (FN 676680 v, Handelsgericht Wien · UID ATU83200448), Diehlgasse 33/26, 1050 Wien, Österreich, trading under the brand name oClub ("oClub", "we", "us"). oClub is a marketplace that connects recreational sports players with game organizers and other providers. We do not ourselves organise, host, or operate the individual games and activities.

Alongside games organised by users, the Platform also brokers offers from commercial or club-based providers — in particular courses and training sessions (offered by coaches or clubs), court and facility reservations (offered by venue operators, "Operators"), and memberships and membership dues of communities and clubs. Your contractual counterparty for each such offering (game, course, reservation, membership) is directly the respective organizer, coach, operator or club; oClub does not itself become a party to that contract.

Where oClub collects and forwards payments on behalf of these providers, it acts solely as a technical payment intermediary / collection agent in the name and for the account of the respective provider. Contractual and tax invoicing (in particular VAT) for the brokered service is the responsibility of the respective provider, not of oClub.

1a. Three Distinct Relationships

oClub provides three separate offerings. Which terms apply to you depends on the role in which you use oClub:

• As an athlete, you use the oClub app or website to find and book games, courses, court reservations and memberships. These Terms apply.
• As a venue operator, club or coach, you use the Partner Platform, the Trainer Hub or the community area to run your own operation. The Partner Terms agreed separately with you apply — not these Terms.
• As a person booking on an operator's own booking page, your contract is exclusively with that operator and their booking and facility terms apply. oClub merely supplies the software to the operator.

2. Eligibility & Account

2.1 Eligibility

• You must be at least 16 years old to register (for exceptions see sections 2.5 and 2.6).
• You must provide accurate, current, and complete information during registration and keep it up to date.
• You may register only one personal account.

2.2 Account security

• You are responsible for keeping your password confidential.
• You may not share your account credentials with others.
• You must notify us immediately at office@oclub.at if you suspect unauthorised access.

2.3 Guest mode

You may browse available games without an account ("guest mode"). Joining a game, creating a game, sending messages, and adding friends require a registered account.

2.4 Account termination

We may suspend or permanently terminate accounts that violate these Terms, engage in fraudulent or abusive behaviour, or remain inactive for an extended period, with or without prior notice depending on the severity of the breach. You may delete your own account at any time via the app's Settings.

2.5 Minors & guardians

The minimum age for registering an account yourself is 16. Minors under 16 may participate in selected offerings (in particular youth courses) only where a guardian with their own account makes the booking. In that case the guardian enters into the participation contract, confirms consent to the child's participation, and is responsible for the minors they register. The duties under section 8 (in particular regarding health, equipment and insurance) apply accordingly to the guardian in respect of the child they have registered.

2.6 Supervised under-16 youth trainers

By way of exception to section 2.1, persons aged 14 to 16 may hold their own account where they are active as supervised youth trainers on oClub. This requires the explicit consent of a parent or guardian, whose name and email address must be provided at registration. Registration is not possible under the age of 14.

After registration, the minor must be attached to a community (a club on oClub) as a supervised member within 14 days. That community acts as the supervising body; the minor's activity takes place solely under its supervision and responsibility and that of the mentor it designates. If no community attaches them within this period, the account is temporarily suspended until a community takes over supervision.

The parent or guardian may withdraw consent at any time with future effect, in which case the account will be terminated. To do so, contact office@oclub.at. The duties under section 8 apply accordingly; the responsibility of the community and the guardian remains unaffected.

3. Games, Courses, Reservations & Bookings

3.1 Creating a game

Any registered user may create a game ("Organizer"). As Organizer you:

• Must provide accurate information: sport, date, time, location, maximum number of players, and cost per player.
• Are responsible for securing the venue and ensuring it is suitable for the listed sport.
• Must honour confirmed bookings. Cancelling a game after players have paid obliges you to facilitate full refunds via the Platform.
• Must publish a realistic cancellation deadline. Players who cancel before that deadline are entitled to a refund of their payment (minus any non-waived service fee). Late cancellations follow section 5 (No-show policy).

3.2 Joining a game

• A booking is confirmed when payment is successfully processed (or when you confirm a cash-payment game).
• You may bring guests to a game if the Organizer allows it; the number of guest spots is set by the Organizer.
• If the game is full you may join the waiting list. You will be notified and offered a spot if a confirmed player cancels.

3.3 Cancellations & refunds

• Cancellations before the Organizer's stated deadline: full refund of the game cost. Service fees (if applicable) are non-refundable unless we determine the Organizer is at fault.
• Cancellations after the deadline or non-attendance: no refund. Repeated non-attendance triggers the no-show policy (section 5).
• If the Organizer cancels a game: all confirmed players receive a full refund including any service fees paid.
• Refunds are returned to the original payment method within 5–10 business days.

3.4 Courses & training

Coaches and clubs may offer courses and training sessions through the Platform, consisting of one or more sessions. The course details (content, dates, location, participation fee, minimum and maximum number of participants, and cancellation/withdrawal terms) are shown to you before you register. Your registration becomes binding once payment is successfully processed or your spot is confirmed; if a course is full you may be placed on a waiting list. Cancellations are governed by the course terms published by the respective provider; where none are published, section 3.3 applies accordingly. If an individual session is cancelled, the provider will seek a replacement date; where this is not reasonably possible, the portion attributable to the missed session is refunded. Your contractual counterparty for the course is the respective provider (coach or club), not oClub.

3.5 Court & reservation bookings

Through the Platform you can reserve courts, halls and time slots offered by venue operators ("Operators"). The contract for use of the facility is concluded exclusively between you and the Operator. The Operator alone is responsible for the suitability, safety, equipment, opening hours and lawfulness of the facility, and for the accuracy and currency of the prices, availability and offer details it publishes.

Operator's terms. The Operator sets its own prices, cancellation deadlines, payment methods and house and facility rules. Where the Operator has provided them, they are shown or linked to you before you complete the booking and are deemed agreed upon confirmation of the booking. Where the Operator's terms conflict with these Terms, the Operator's terms prevail for the use of the facility; these Terms always govern your use of the oClub platform itself.

Payment and invoicing. Depending on the Operator's configuration: (a) payment via the platform — payment is processed through oClub and settled with the Operator; (b) direct billing — the Operator invoices you itself and oClub processes no payment; (c) external booking — you are redirected to the Operator's own booking system and booking and payment take place outside oClub. Which applies is shown before you complete the booking. In all cases the Operator is the provider of the service and — unless indicated otherwise — the issuer of the invoice.

Requests instead of instant booking. Operators may require bookings to be approved before they become binding. In that case your booking is non-binding until the Operator confirms it; any payment already authorised is refunded in full if the request is declined.

Transfer. Reselling, subletting or transferring reserved time slots to third parties for consideration is not permitted without the Operator's prior consent. Bringing fellow players along free of charge is unaffected.

Unreachability. If the Operator cannot reach you via the contact details you provided regarding a booking — in particular a recurring booking — despite two attempts within 7 days, it may cancel the booking concerned. Any payments already made are refunded in that case.

3.5a Recurring bookings (season slots)

Operators may allocate recurring time slots ("season slots", e.g. "every Tuesday 18:00–20:00 for one season"). Recurring bookings are governed by the Operator's season, termination and cancellation rules, which are shown to you before you commit. If an individual session is cancelled for reasons within the Operator's responsibility, the pro-rata amount is credited or a replacement session offered. Unused individual sessions within a recurring booking are not refunded unless the Operator provides otherwise. Operators may set booking lead times for individual courts; these are shown in the booking grid.

3.5b Access, check-in & facility rules

Where the Operator provides an access code, a digital ticket or a check-in function, that access applies solely to the person and time you booked. Passing it on to third parties is not permitted. Access events and check-ins are logged by the Operator for facility security, booking attribution and billing purposes; the Operator is the controller for these logs (see Privacy Policy, section 1a). The Operator's house, court and hall rules must be observed; in the event of breaches the Operator may remove you from the facility and refuse future bookings.

3.6 Memberships & membership dues

Communities and clubs may offer memberships with one-off or recurring dues (membership fees) through the Platform. The amount, billing period, and benefits of the respective membership are set by the club or community and shown before you sign up. The membership contract is concluded between you and the respective club or community. Outstanding dues may be invoiced and reminders issued through the Platform; the terms (due dates, notice periods, and any reminder fees) follow the rules of the respective club. Where applicable, oClub collects dues in the name and for the account of the club (section 1).

3.7 Statutory right of withdrawal (FAGG)

If you are a consumer, you generally have a 14-day right of withdrawal for contracts concluded online under the Austrian Distance and Off-Premises Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG). However, pursuant to § 18(1)(10) FAGG this right of withdrawal does not apply to contracts for services relating to leisure activities where a specific date or period is provided for their performance. Bookings of individual games, course sessions, and court reservations for a specific date or time slot are therefore excluded from the statutory right of withdrawal; the cancellation and refund rules in sections 3.3 to 3.6 apply. For services without a fixed date (e.g. certain ongoing memberships) you may withdraw within 14 days without giving reasons; we will provide the details on request at office@oclub.at.

4. Payments & Fees

4.1 Payment methods

We support the following payment methods depending on the game's settings:

• Card payment (Visa, Mastercard, etc.) via Stripe
• Apple Pay via Stripe
• Cash at venue — collected by the Organizer on the day of the game
• External booking — the Organizer uses a third-party booking system; payment is handled outside the Platform

Card and Apple Pay transactions are processed by Stripe Payments Europe, Ltd. under their own terms and are subject to Stripe's fraud controls. oClub does not store card details.

For bookings with venue operators, clubs and coaches, card payments are processed — depending on configuration — either (a) into an account held by that provider with our payment service provider Stripe, in which case the provider is the payee and oClub retains only a platform fee, or (b) via an oClub account which is subsequently settled with the provider. Which applies is shown to you before you confirm payment. In both cases the provider is responsible for issuing the tax invoice for the service booked.

4.2 Service fee

A platform service fee may apply to payments processed through the Platform (in particular card and Apple Pay transactions, as well as brokered course, reservation, and dues payments). Whether and in what amount a fee applies is always displayed before you confirm payment; for individual offerings — for example during a launch period — the service fee may be waived. We will provide at least 14 days' notice before any general service fee is introduced or increased.

4.3 Free games

Organizers may list games as free. No payment information is required to book a free game.

5. No-Show Policy

Reliable attendance is essential to the oClub community. If you confirm a booking and do not attend without cancelling in advance:

• The incident is recorded as a no-show against your account.
• After a first no-show, you receive a warning notification.
• Repeated no-shows may result in a temporary booking restriction, during which you cannot join new games. The restriction duration increases with each additional no-show.
• Restrictions are lifted automatically after the restriction period ends.

We review no-show records and may reverse a no-show if you provide a reasonable explanation (e.g. medical emergency) by contacting office@oclub.at within 7 days.

6. Social Features

6.1 Friends

You can send and accept friend requests to connect with other players. Friends can see a fuller version of your profile. You can remove a friend at any time. Non-friends see only your display name, profile photo, city, and the number of friends you have.

6.2 In-app chat

Each game has a chat room visible to confirmed participants and the Organizer. Messages and image attachments sent in game chat must comply with section 7 (User conduct). We may review chat messages in response to reports of abuse.

6.3 Communities

Users can create and join Communities — groups of players around a shared interest, venue, or club. Community administrators set their own membership rules. oClub is not responsible for the activities of individual communities, but we may remove communities that violate these Terms.

7. User Conduct

You agree not to:

• Harass, threaten, abuse, or discriminate against other users
• Impersonate another person or provide false registration information
• Create games or Communities with the intent to defraud participants
• Post, upload, or share illegal, obscene, or offensive content
• Use the Platform's messaging features for spam or unsolicited commercial communication
• Attempt to reverse-engineer, scrape, or interfere with the Platform's systems
• Create multiple accounts to circumvent a booking restriction or account ban

Violations may result in content removal, account suspension, or permanent termination, and may be reported to law-enforcement authorities where appropriate.

Reporting & complaints: If you consider content on the Platform (e.g. chat messages, community posts, images) to be illegal or in breach of these Terms, you can report it at any time to office@oclub.at. We review incoming reports promptly, remove illegal content, and inform you of the outcome. You may lodge a reasoned complaint against measures we take (e.g. removal of content or suspension of an account) at the same address.

8. Duties When Participating in a Game

In addition to the general conduct rules in section 7, by participating in any game, course, or community activity organised through oClub you commit to the following:

8.1 Self-assessment of health & fitness

You confirm that there are no medical reasons (e.g. pre-existing conditions, acute injuries) that would prevent you from participating in the chosen sport, and that you are physically able to perform the activity safely. Assessing your own health is your responsibility — consult a medical professional if needed. Neither the Organizer nor oClub is obliged to verify your health status.

8.2 Sport-appropriate & safe equipment

You provide, at your own responsibility, the appropriate, safe equipment required for the sport (e.g. footwear, protective clothing, suitable sports gear). For sports where a helmet is customary or legally required (in particular cycling, mountain biking, skating, ice hockey), you wear a certified helmet.

8.3 Traffic, venue & house rules

You comply with all applicable traffic regulations (in particular the road-traffic code) as well as the house and venue rules of the relevant facility (gym, court, swimming pool, etc.) and any instructions of the responsible club or venue operator.

8.4 Instructions of Organizer or coaches

You follow the instructions of the Organizer or any person appointed by the Organizer (e.g. guide, coach, referee), insofar as these instructions serve safety or the orderly conduct of the activity. Repeated or serious breaches may lead to your exclusion from the activity by the Organizer.

8.5 Your own insurance

Participation in a game or community activity is offered without accident, liability, or health insurance provided by oClub or the Organizer. You are responsible for arranging adequate accident and personal-liability insurance covering your participation in recreational sport. Any service or participation fee does not include insurance coverage.

8.6 Costs of emergency & rescue services

If emergency, rescue, mountain-rescue, fire-brigade, or other deployment services are required in connection with your participation, you bear the resulting costs yourself, to the extent that no insurance covers them. Neither oClub nor the Organizer assumes such costs.

8.7 Photos & videos

During games and community activities, the Organizer or other participants may take photos and videos to capture impressions of the activity for the community (e.g. for posting in the game chat, in the Communities area of the app, or on the community's social-media channels). The legal basis is legitimate interest pursuant to Art. 6(1)(f) GDPR.

If you do not wish to be photographed or filmed, please tell the Organizer on site; your wish will be respected and any already-published images of you will be removed on request. You can also object to such processing at any time under Art. 21 GDPR (contact: privacy@oclub.at). Images in which you are identifiable as the main subject may not be used for advertising purposes without your express consent.

8.8 Changes to route, venue, or schedule

The route, venue, time, or course of an activity may change from the original announcement due to unforeseen circumstances (e.g. weather, traffic, short-notice loss of the venue, regulatory orders). No claims for damages arise from such changes as long as the activity can still be carried out in a reasonable form; otherwise the cancellation rules under section 3.3 apply.

8.9 Voluntary participation & inherent risk

You participate voluntarily, on your own responsibility, and at your own risk. Sports — particularly in road traffic, in water, in the mountains, or in contact sports — involve typical risks (falls, collisions with other road users, fellow participants or obstacles, equipment failure, weather, terrain). You acknowledge these risks as inherent to the sport.

9. Liability & Disclaimers

oClub is a marketplace platform. We facilitate connections between players and Organizers but do not participate in, supervise, or control the games themselves. Accordingly, oClub is not liable for:

• Personal injuries, accidents, or property damage occurring during a game or at a venue
• The suitability, safety, or legality of any venue chosen by an Organizer
• Disputes between users, including disputes between players and Organizers
• Last-minute cancellations or no-shows by other users
• Loss or theft of personal belongings
• Service interruptions due to force majeure, maintenance, or third-party failures

Participation in recreational sport involves inherent physical risk. By joining a game you acknowledge and accept that risk. You are solely responsible for ensuring you are physically fit to participate.

Material contractual duties (cardinal obligations): In cases of simple negligence we are only liable for breaches of material contractual duties — i.e. duties whose fulfilment is essential for the proper performance of the contract and on which you as a user may regularly rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.

Force majeure: We are not liable for service disruptions caused by force majeure. Force majeure includes in particular natural events, pandemics, regulatory orders, strikes, acts of war or terrorism, and disruptions to third-party telecommunications or energy networks. Our deadlines are extended for the duration of such impediments.

Service availability: We strive for the highest possible availability of the Platform but do not guarantee uninterrupted access. Planned maintenance is announced in advance via the app or by e-mail where possible. Brief interruptions — for example to address security-relevant issues — are permitted.

Overall liability cap: To the maximum extent permitted by Austrian law, oClub's total liability to you for any claim arising from use of the Platform is limited to the amount you paid to oClub in the 12 months preceding the claim. This limitation does not apply to liability arising from gross negligence, wilful misconduct, personal injury, claims under the Austrian Product Liability Act, or mandatory consumer-protection rights under the Austrian Consumer Protection Act (KSchG).

10. Intellectual Property

The oClub name, logo, app design, and all original content on the Platform are the intellectual property of oClub or its licensors. You may not copy, reproduce, modify, or distribute our content without prior written permission.

By uploading a profile photo or chat image, you grant oClub a non-exclusive, royalty-free licence to store and display that content solely to provide the Platform's features. You retain ownership of your content and may delete it at any time.

11. Privacy

How we handle your personal data is described in detail in our Privacy Policy, which forms part of these Terms.

12. Email & Push Communications

12.1 Transactional messages

We send you emails and push notifications that are necessary to operate the Platform and to handle your bookings — for example booking and cancellation confirmations, reminders before a game, chat and game updates, waitlist promotions, friend requests, email verification, password resets and security-related notices. These messages form part of the service and cannot be opted out of separately while you maintain an active account.

12.2 Product, feature & service messages

In addition, we may occasionally contact you by email or push about topics that are relevant to your use of oClub, including in particular:

• new features, major product updates and improvements to the app,
• invitations to beta tests, surveys, user interviews and product research,
• curated game and community recommendations and sport-related tips,
• regional season openings, events and activities from our partner clubs and communities,
• promotions, discounts and launch offers from oClub or selected partners,
• occasional newsletters with product, sport and community updates.

Where these messages constitute direct marketing for our own similar products or services to existing users, we rely on § 174 para. 4 TKG 2021 (Austrian Telecommunications Act) and on our legitimate interest under Art. 6(1)(f) GDPR in informing our users effectively. Any other marketing email — in particular messages on behalf of third parties — is sent only on the basis of your prior consent under Art. 6(1)(a) GDPR, which you can withdraw at any time with effect for the future.

12.3 Frequency, selection & personalisation

We aim to keep the volume of these messages low and their content relevant to you. To do so we may select what you receive — and adjust both content and timing — based on your account data (such as preferred sports, city, language and general activity and booking history). We do not engage in profiling for advertising purposes beyond this and we do not take automated decisions with legal effect.

12.4 Opting out

You can unsubscribe from product, feature and marketing messages at any time, free of charge — via the unsubscribe link at the bottom of each such email, in your account settings, or by writing to office@oclub.at. Push notifications can additionally be disabled at any time in your device settings (iOS or Android). Transactional messages under section 12.1 are not affected.

13. Changes to These Terms

We may update these Terms at any time. For material changes we will notify you via push notification, email or in-app notice at least 14 days before the new Terms take effect. Your continued use of the Platform after that date constitutes acceptance. If you do not accept the updated Terms, you may delete your account before the effective date.

14. Governing Law & Jurisdiction

These Terms are governed by Austrian law, excluding its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. Disputes shall be resolved exclusively in the competent courts of Wien (Vienna), Austria, unless mandatory consumer-protection law grants you the right to bring proceedings before the courts of your habitual residence.

15. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr/.

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board. For complaints, please contact us directly at office@oclub.at — we aim to resolve every matter promptly.

16. Severability

Should any provision of these Terms be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by a valid one that comes closest to the economic purpose of the invalid provision.

17. Contact

For questions about these Terms:
E-Mail: legal@oclub.at
Address: ABTM Projects GmbH, Diehlgasse 33/26, 1050 Wien, Österreich