Terms and Conditions

1. These Terms and Conditions apply to all agreements between Evalyte UG (haftungsbeschränkt), Äppelallee 27, 65203 Wiesbaden, Germany, registered with the commercial register of the Wiesbaden Local Court (HRB number to follow upon registration) – hereinafter "EVALYTE" – and its users or their legal guardians.

2. Users within the meaning of these Terms include both minor athletes (represented by their legal guardians) and adult athletes.

3. Where the user is a minor, the contract is concluded exclusively between EVALYTE and the legal guardians for the benefit of the minor athlete. Section 12 applies additionally to commercial users within the meaning of Section 5(3).

4. Where a minor user reaches the age of majority, the link to the legal guardians is dissolved and the user becomes the sole contracting party without any need for re-registration. Any subscription still in effect transfers to the now adult user, who will provide their own payment details for future charges.

5. Independent of paragraph 4, the data-protection link to the legal guardians ends automatically once the minor user turns 16 (the age of consent under Art. 8 GDPR): the legal guardians' access ends at that point, and their stored contact details are deleted. The contractual relationship under paragraphs 1 to 3, including the payment obligation, remains unaffected and continues unchanged until the age of majority as described in paragraph 4.

1. EVALYTE provides a platform for AI-based analysis of athletic performance (PrimeScore) as well as a scouting interface.

2. The core service is the analysis of video material by means of biometric data processing. To protect privacy, an avatar chosen or designed by the user is displayed by default in public views instead of a real photo.

3. The App serves visibility and analysis purposes; EVALYTE expressly does not guarantee successful placement with clubs, associations, or scouts.

1. Use by minors requires the consent of their legal guardians.

2. Depending on the service used, there are two registration paths:

• a) Free use (athletes invited by a coach on the Free plan, as well as VIP code users): No payment method needs to be provided. For minor users, the consent of the legal guardians is obtained and documented via a double opt-in procedure by email to an address provided by the guardians. Until confirmation, the account remains restricted. This procedure requests two separate consents: mandatory consent to the biometric movement analysis itself, and optional, separate consent to the use of anonymized data from the videos for quality assurance and further development of detection accuracy (see Privacy Policy Section 6); declining the optional consent has no effect on the usability of the App.
• b) Paid use (independent Pro registration and upgrades from Free to Pro): The user, or the legal guardian, provides a valid payment method via the payment provider Stripe on the website. Where the user is a minor, the legal guardians conclude the contract. The two separate consents described in paragraph (a) (mandatory: core analysis; optional: quality assurance/further development) are requested here as well.

3. For paid use under paragraph 2(b), a 10-day free trial period is granted; no charge will be made before its expiry. Successful authorization of the payment method also serves as proof of the contracting adult's legal capacity.

1. Trial period: New customers receive a 10-day free trial period at the start. At the time of signing up, they actively choose between a monthly or an annual subscription; further details on cancelling during the trial period are set out in Section 9(1).

2. Prices:

• Basic plan (free): €0.00 – for coaches and athletes on the Basic/Free plan.
• Pro – Monthly: €4.90 incl. VAT per month.
• Pro – Annual: €49.00 incl. VAT per year (one-time payment).
• Partner club tariff: €2.45 per month or €24.50 per year.

If partner-club status is granted during an ongoing billing period, Stripe automatically calculates, for the current subscription, the difference between the price already paid and the partner-club price based on the remaining contract days, and credits this amount toward the next invoice due; no payout is made, and any credit not yet applied is forfeited upon prior cancellation. If partner-club status is revoked, this applies only prospectively: any credit already applied remains in effect, and the regular price applies again from the next billing period onward. The existing invitation link remains usable following a revocation as well.

3. Commercial licences for commercial football training providers: A licence is required for any person or organization that offers football training or coaching as an independent business model with the intent to generate profit and that uses EVALYTE to supervise, analyze, or organize participating players — regardless of the designation chosen for this purpose (e.g. football school, academy, camp, private coaching). No licence is required for: (a) club coaches who train a team within their club, even where they receive compensation or an expense allowance from the club for doing so — what matters here is solely whether the compensation is tied to the use of EVALYTE as an independent commercial coaching offering —, and (b) youth academies of professional clubs and association structures (e.g. state or regional football associations), which may use EVALYTE free of charge in the same way as regular club coaches. Classification takes place as part of the self-disclosure at registration under Section 6(4); no separate approval or review by EVALYTE is required, so that free use begins immediately upon registration. Classification of the licence is based exclusively on the number of registered athletes; the number of coaches is not taken into account. The licence entitles the licensee to link up to the booked number of players to themselves, in addition to each player's existing club; the individual Free or Pro status of each player remains unaffected by this link and does not change automatically. The booked seats are not tied to a specific person: if a player leaves, the seat becomes available again and may be reassigned. Amounts already paid are not refunded in the event of a downgrade or if the booked seats are not fully used. If the booked number is exceeded, an upgrade to the next higher tier is required; only the difference between the previously paid tier and the new tier is payable. Unlike the consumer prices set out in paragraph 2, this licence constitutes a commercial offering; the following licence prices are therefore net prices per year, plus the applicable value-added tax as set out in paragraph 4: up to 10 players: €245.00 per year; up to 20 players: €465.00 per year; up to 30 players: €650.00 per year; up to 40 players: €850.00 per year; from 41 players onward: €990.00 per year (flat rate). The stated number represents the upper limit of the respective tier.

4. Taxes and invoicing for commercial licences: For customers based in Germany, the applicable German value-added tax is added to the net prices set out in paragraph 3. For business customers based elsewhere in the EU who provide a valid VAT identification number, no German VAT is charged; liability for the tax shifts to the customer (reverse charge), who is responsible for properly declaring it in their country of establishment. For customers based elsewhere in the EU without a valid VAT identification number, the VAT of the customer's country of establishment is charged. For customers based outside the European Union, the customer is responsible for any taxes, customs duties, or fees payable in the destination country, unless mandatory law provides otherwise. Any savings percentages stated in marketing or sales materials are for illustrative purposes only and refer to a comparison with the per-player price for partner-club athletes under paragraph 2; the licence price for the selected tier as set out in paragraph 3 is always determinative for billing.

5. Billing is processed via Stripe and exclusively through our website (evalyte.me); no sales take place within the App. The first charge will only occur after expiry of the free trial period, unless cancelled beforehand.

1. Users may only upload video material to which they hold the necessary rights.

2. Prohibition of misuse: Any attempt to circumvent the scouting system operated by EVALYTE (e.g. exchanging contact details within video descriptions) is prohibited and will result in immediate exclusion.

3. Scouts must provide suitable proof of their official scouting activity for a club, an association, or as an independent (freelance) scout (e.g. a club or association ID, an employment or engagement contract, an association licence, or comparable evidence of professional scouting activity); EVALYTE decides on a case-by-case basis whether the evidence provided is sufficient.

4. Self-disclosure obligation for commercial licences: Users who are subject to the licence requirement under Section 5(3) are required to truthfully disclose this to EVALYTE upon registration and to obtain a commercial licence. If it subsequently emerges that a user was registered as a non-licensable club coach in breach of this obligation despite being subject to the licence requirement, EVALYTE is entitled to retroactively charge the licence price for the applicable tier and to terminate the usage agreement for good cause without notice.

The user grants EVALYTE the necessary, non-exclusive rights to process the videos for analysis, for generating the PrimeScore, and for the avatar display. Detailed terms regarding biometric data are set out in the Privacy Policy. Any use of name, image, PlayerCard or video content for EVALYTE's own public relations activities (e.g. social media, testimonials) shall only take place with separate, voluntary consent given on a case-by-case basis, as set out in the Privacy Policy.

1. Sports disclaimer: Exercises are performed at the user's own risk. EVALYTE does not replace a coach or physician. Physical fitness must be confirmed by a doctor beforehand.

2. EVALYTE is liable without limitation in cases of intent, gross negligence, and for injury to life, body or health.

3. In cases of ordinary negligence, EVALYTE is only liable for breach of a material contractual obligation, limited to foreseeable damage typical for this type of contract.

1. Trial period: Users actively choose between a monthly or an annual subscription already when concluding the contract; there is no automatic conversion into a default subscription. The price due after the trial period, the timing of the first charge, and the option to cancel within the 10 days are clearly communicated before the contract is concluded. You will also receive a reminder email before the trial period ends, stating both prices and the cancellation link.

2. Monthly subscriptions may be cancelled at any time, effective at the end of the billing month.

3. Annual subscriptions have an initial term of 12 months. Thereafter they automatically renew for a further year at the then-current annual price, unless cancelled. From the 13th month onward, however, the subscription may be cancelled at any time, effective at the end of the then-current billing month; any months already paid for but no longer used from the date of cancellation will be refunded on a pro-rata basis.

4. Cancellations can be made via the App settings ("Manage subscription"). We additionally provide a cancellation button ("Cancel subscription") on evalyte.me, permanently accessible without prior login, allowing immediate cancellation of the subscription. A cancellation given in another form, in particular by email to kuendigung@evalyte.me, is equally valid.

1. EVALYTE may amend these Terms with effect for the future. Users, or their legal guardians, will be informed in good time before any planned amendment takes effect (e.g. via an in-app notice and/or email).

2. In the case of material amendments, in particular regarding price or core services, such amendments only become effective if the user, or the legal guardian, actively consents. For minor users, consent is given by the legal guardians; the confirmation request is sent to the guardians' registered email address.

3. If the user or legal guardian does not consent within a period of at least six weeks, EVALYTE is entitled to terminate the contract by ordinary notice at the earliest possible date. This consequence will be specifically pointed out in the amendment notice.

1. The laws of the Federal Republic of Germany apply. Mandatory consumer-protection provisions of the country in which the user has their habitual residence remain unaffected, provided EVALYTE directs its activities to that country.

2. Additional provisions apply to users habitually resident in the United States regarding the processing of biometric data, pursuant to Section 8 of the Privacy Policy.

3. The EU Commission provides a platform for online dispute resolution (ODR): ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

1. For users purchasing a commercial licence under Section 5(3), the requirements, price tiers, and terms set out there apply. These licences are directed exclusively at businesses within the meaning of the German Civil Code (§ 14 BGB).

2. The consumer right of withdrawal under Section 4, the cancellation button under § 312k BGB, and the withdrawal button under § 356a BGB do not apply to these licences. The licence is billed annually in advance and automatically renews for a further year unless cancelled by the end of the then-current licence year; the licensee receives a reminder by email one month before renewal. Cancellation may be given at any time before the end of the then-current licence year via a cancellation button provided in the dashboard; a cancellation given in another form, in particular by email to kuendigung@evalyte.me, is equally valid.

3. Linked players, their performance data, and the invitation link remain permanently associated with the licensee football academy or independent coach regardless of renewal; following a renewal, they remain available unchanged and without any need for re-invitation. If the licence expires without being renewed, EVALYTE grants a two-week grace period during which the licence remains fully usable. After this period, access is switched to a read-only mode: existing content remains viewable, but new players, new skill recordings, and new analyses only become possible again after renewal. No data is deleted in this context.