Version: 3.0
Effective date: 6 October 2026
Provider: OpenMatch UG (haftungsbeschränkt), c/o Theresa Ensser, Fehrbelliner Str. 14A, 10119 Berlin, Germany (registered HRB 285941 B) ("OpenMatch", "we", "us")
Contact: support@open-match.com
These Venue Partner Terms (the "Terms") govern your use of the OpenMatch platform as a venue partner
("Venue", "you"). They are a standard click-wrap agreement (Allgemeine Geschäftsbedingungen, AGB)
for business users (Unternehmer, § 14 BGB) — they are not an individually negotiated partnership
contract. You accept them by ticking the acceptance box and selecting "Accept & continue" during venue
onboarding. We store the version, the effective date, your account, and the time, IP, and device of your
acceptance, and we make a copy available to you for download.
A separately negotiated written agreement (Individualvereinbarung) is offered only to enterprise /
key accounts (e.g. negotiated commission, exclusivity, volume commitments, custom SLA, public-sector
procurement). For all self-serve venues, these Terms — including the subscription terms in clause 3.4
and the data-processing agreement in Annex A — plus the Stripe
Connected Account Agreement (accepted in the Stripe Connect flow) form the whole agreement.
OpenMatch operates an online marketplace and software platform that lets players in your area discover
your venue, view real-time availability, book and pay for slots (courts, tables, lanes), and organise
social "open matches". We provide you with an owner dashboard to manage listings, availability,
pricing, bookings, customers, and payouts.
OpenMatch is an intermediation service within the meaning of Regulation (EU) 2019/1150 (the "P2B
Regulation"). We are a marketplace and software provider — not a payment institution, bank, or
escrow agent, and not a party to the booking contract between you and the player. The booking
contract for the sports facility is concluded directly between you and the player.
2.1 You confirm you are acting as a business (Unternehmer), that the person accepting is authorised to bind
the Venue, and that the information you provide during onboarding (legal entity, registration number,
VAT ID, address, banking details, beneficial-owner data) is accurate and kept up to date.
2.2 Attribution and account security. The Venue is responsible for all actions and declarations made
by the users it invites or authorises, and must accept them as its own. For actions of third parties made
through the Venue's account, the Venue is responsible to the extent it is accountable for the third
party's use — in particular because it shared access credentials or failed to protect them with due
care. The Venue ensures that access credentials are kept confidential and not shared with unauthorised
third parties, and is responsible for managing the user permissions in its account. The Venue notifies
OpenMatch without undue delay of any suspected unauthorised account use.
2.3 Acts of invited users. Employees you invite act within the existing contract between you and
OpenMatch as your representatives or agents; the contracting party remains the Venue alone. Invited users
acknowledge these Terms; acceptance — including of future version changes under clause 8 — is made
exclusively by the Venue. Notices under clause 8 are addressed to the Venue's contact address on file in
the Venue account; you keep it up to date.
2.4 Permits, safety, insurance. You warrant that you hold all official permits required to operate
your facility, comply with your duties to maintain safe premises (Verkehrssicherungspflichten), keep the
facility and equipment in a safe condition, and maintain business liability insurance with customary
market coverage. You provide proof of coverage on request.
2.5 Indemnity. You indemnify OpenMatch against all third-party claims — in particular by players —
arising from the performance or non-performance of your sports service, from a breach of your duties
under clause 2.4, or from the inaccuracy of your content under clause 6, including reasonable costs of
legal defence. The indemnity does not apply to the extent OpenMatch is itself accountable for the claim.
OpenMatch informs you without undue delay of any asserted claim, allows you to conduct the defence, and
makes no acknowledgement or settlement without your consent.
3.1 Player service fee. OpenMatch charges a service fee to players on top of your listed price.
The service fee is currently 10% of your listed price (5% for players with an active Pro
subscription); it is shown inside the displayed total price and fixed per booking. Changes follow
clause 8.
That fee is paid by the player, not by you. You receive your listed price for each booking, less any
commission under 3.2. OpenMatch bears Stripe's fees for processing the player's payment; they are not
deducted from your payout.
3.2 Platform commission.
3.2.1 Your applicable commission rate is shown in your dashboard and on each booking confirmation.
3.2.2 Founding Partner programme. The programme applies to the first fifty (50) venues located in
the state of Berlin that have accepted these Terms and fully completed onboarding including Stripe
Connect verification ("Founding Partners"). The order in which both conditions are met is decisive. We
confirm the status to you in text form (§ 126b BGB) and show it, with its expiry date, in your
dashboard. Once the quota is exhausted there is no entitlement to admission; the status is bound to the
venue and non-transferable. For Founding Partners: (a) the platform commission is 0% for twelve (12)
months from the individual Founding Partner's conclusion of contract; (b) the Growth plan
(clause 3.4) is free for the first ninety (90) days from conclusion of contract; the subscription
continues afterwards only if you actively subscribe to a paid plan, otherwise your account reverts to
the base level; (c) after the period under (a), clause 3.2.3 applies.
3.2.3 Acquisition-priced commission. Outside the period under clause 3.2.2(a), the standard
commission rate applies, which the dashboard shows you as your applicable commission rate. The standard
commission rate is currently 0%. We announce any increase under clause 8 on a durable medium at least
15 days before it takes effect; it becomes effective only under the conditions of clause 8.5. The basis of assessment is exclusively the price you listed for the booking in question, as
held in the dashboard and displayed to the player; the service fee under clause 3.1 does not enter the
basis of assessment and is not deducted from the commission either. The commission is understood as
exclusive of applicable statutory VAT; for cross-border supplies to businesses the reverse-charge
procedure applies (§ 13b UStG). We invoice the commission separately. The commission applies exclusively
to bookings where (i) the player's first booking at your venue occurred after your conclusion of
contract and (ii) the booking is made through the OpenMatch platform. Permanently commission-free:
walk-in bookings, and all bookings by players whose first booking at your venue predates your
conclusion of contract (your existing customers).
3.2.4 Founding Partner visibility. We promote Founding Partners during the market launch, in
particular through the "Founding Partner" label, inclusion in editorial launch collections, and push,
social-media and newsletter campaigns. This preference concerns editorial and promotional placements
only and is labelled as such. It has no influence on ranking under clause 5; Founding Partner
status is not a ranking parameter and cannot be acquired through commission or subscription payments.
3.2.5 For current Founding Partners, the periods under clause 3.2.2 and the commission mechanism under
clause 3.2.3 are fixed terms of the contract; they are changed neither retroactively nor unilaterally
during their term (Art. 8(a) P2B). Other changes to the commission rate follow clause 8.5; other changes
to the Founding Partner programme follow clause 8.
3.2.6 Existing-customer objection. Attribution under clause 3.2.3 is automated, based on the booking
data available to OpenMatch. Bookings made outside the platform are not visible to OpenMatch. You may
therefore object to any commission statement within 30 days of its provision in the dashboard, in
text form, showing that the player concerned was already a customer of your venue before your conclusion
of contract. Booking, till or membership records from your own system showing an earlier booking by the
same person suffice as evidence. OpenMatch decides within 14 days in text form. If the objection is
justified, we refund the commission concerned and permanently mark the player's account as
commission-free for your venue. Your right to dispute the commission claim after the 30 days is
unaffected.
3.3 Payments and payouts via Stripe.
3.3.1 Payment processing is provided by Stripe (Stripe Payments Europe, Ltd. and its
affiliates, "Stripe") as the licensed payment service provider, regulated in the EEA and passported into
Germany. Player payments are collected, held, and disbursed exclusively through Stripe's regulated
payment infrastructure.
3.3.2 OpenMatch operates the technical marketplace only and does not itself provide any payment
service within the meaning of § 1 of the Zahlungsdiensteaufsichtsgesetz (ZAG). OpenMatch is not a payment
institution, requires no authorisation under § 10 ZAG, and does not own, hold, or control funds owed
by players to the Venue outside Stripe's regulated payment infrastructure. All amounts payable by players
are received and settled by Stripe.
3.3.3 To receive payouts, you must complete Stripe Connect onboarding and keep an active Stripe Connect
account in good standing. Your payout relationship and the regulated payment service are governed by the
Stripe Connected Account Agreement concluded directly between you and Stripe. You authorise OpenMatch
to instruct Stripe, on your behalf, to create charges on and disburse payouts to your connected account
for each confirmed booking.
3.3.4 For each booking, Stripe collects the player's payment and disburses to your connected account the
booking amount less (i) the service fee under clause 3.1 and (ii) any commission under clause 3.2; OpenMatch
retains both as a platform application fee via Stripe. OpenMatch bears Stripe's processing fees for that
payment. When your plan under clause 3.4 starts or changes, including a trial period under clause 3.4.1,
we set the payout interval of your connected account: weekly (on Mondays) on the Starter plan, daily on the Growth and Premium plans.
Otherwise Stripe determines the payout interval, payout methods and reserves.
3.3.5 You provide the accurate business, identity, and beneficial-owner information Stripe requires to
satisfy Stripe's know-your-customer and anti-money-laundering duties under the German Money Laundering Act
(GwG) and applicable EU law. OpenMatch may collect and transmit such information to Stripe solely for this
purpose; OpenMatch is not itself an obliged entity (Verpflichteter) under § 2 GwG for this payment
processing.
3.3.6 Collection authority and discharging effect. You authorise OpenMatch to receive the booking
price from the player in your name and for your account. The player's payment via the payment
infrastructure used by OpenMatch has a discharging effect towards you; to that extent no further
payment claim against the player exists. Your claim is directed at the payout under clause 3.3.4.
3.4 SaaS subscription (plans). The venue dashboard is usable at a base level without a subscription.
Additional features and capacity are bundled into the Starter, Growth and Premium plans. The
applicable feature set and price are shown in your dashboard before purchase; you subscribe there actively.
3.4.1 Subscriptions are billed recurrently in advance for each billing period via Stripe. Founding/launch
partners may be granted a time-limited free trial; its start and end are shown in the dashboard.
3.4.2 You may cancel at any time in the dashboard. Cancellation takes effect at the end of the current
billing period, and the subscribed feature set remains available until then. Fees already paid for the
current billing period are not refunded pro rata.
3.4.3 When a subscription ends, your venue account continues at the base level. Bookings already confirmed
are unaffected and are settled under clause 4.
3.4.4 Changes to subscription pricing are notified under clause 8; your right to terminate there is
unaffected.
3.5 Taxes and invoices. You are responsible for correctly calculating and remitting any VAT/taxes
due on your services and for giving us the information this requires, accurately, in particular your
legal entity, address, tax number or VAT ID, and whether § 19 UStG applies to you. You instruct OpenMatch
to issue the player, for every booking paid through the platform, an invoice that shows your sports
service in your name and for your account (§ 14 Abs. 2 Satz 4 UStG); on the same document OpenMatch
shows the service fee as its own supply in its own name. We prepare these invoices from your information;
you remain responsible for its accuracy. The invoices issued in your name are available to you in the
dashboard. OpenMatch is not the deemed supplier of your service (§ 3 Abs. 3a UStG and Art. 14a VAT
Directive apply to goods, not services). OpenMatch invoices its own commission separately under clause
3.2.3 (19% USt, or reverse charge under § 13b UStG for cross-border B2B).
3.6 Tax reporting duties (PStTG). OpenMatch is a reporting platform operator within the meaning of
the Plattformen-Steuertransparenzgesetz. You are obliged to provide us, completely and correctly, with
the particulars required under § 14 PStTG — in particular legal name and form, registered address, tax
identification number and issuing member state, VAT ID and commercial-register number where available,
state of residence, and the financial-account identifier — and to update changes without undue delay. We
report the required information annually by 31 January of the following year to the Bundeszentralamt für
Steuern (§ 13(1) PStTG) and inform you of the information reported about you (§ 22 PStTG). If you fail
to comply despite two reminders, we are legally obliged under § 23 PStTG, no earlier than 60 and no
later than 180 days after the first request, to block your account and withhold payouts until the
particulars are provided; we lift the measures without undue delay once you provide them.
4.1 Cancellation policy. For each resource type you set two periods before the start of the booked
slot, a cancellation period and a shorter lock period; if you set none, the default periods shown in the
dashboard apply. If the player cancels after the grace window (clause 4.2), the player receives 100% of
your share back before the cancellation period begins, 50% within the cancellation period and 0% within
the lock period; the service fee is not refunded in these cases. The periods are disclosed to players at
booking. Player-initiated refunds are issued in line with the cancellation policy in force at booking
time. Refunds are returned exclusively to the player's original
means of payment via Stripe; they are not settled as platform credit. No separate no-show fee is
charged.
4.2 Grace window. If the player cancels within 60 minutes of payment and before the booked slot
starts, the full amount including the service fee is refunded. This grace window takes precedence over
your cancellation policy.
4.3 Cancellation by venue or system. Venue- or system-initiated cancellations refund the player in
full, including the service fee.
4.4 Cost allocation. Of a refund amount, the following is borne:
a) for refunds under your cancellation policy (clause 4.1): you bear your share; the service fee
remains with OpenMatch;
b) for refunds in the grace window (clause 4.2) and for cancellations initiated by you (clause 4.3):
you bear your share and OpenMatch the service fee;
c) for system-side cancellations for which OpenMatch is accountable: OpenMatch bears the full
refund amount including your share; your payout claim under clause 3.3.4 remains in place to that
extent;
d) for system-side cancellations for which neither party is accountable, in particular cases of force
majeure (clause 12.5): you bear your share and OpenMatch the service fee.
4.5 Recovery after payout. If your share has already been paid out to your Connect account at the
time of a refund or a chargeback, we are entitled to set off the share you bear under clause 4.4
against future payout claims under this contractual relationship, or to collect it from your Connect
account via Stripe's payment infrastructure. We itemise every set-off separately and per booking in the
payout overview. You may object to a set-off within 14 days of the payout overview being made
available, in text form; we review the objection within 14 days and settle any wrongly set-off amount
with the next payout. The costs of a chargeback are borne by the party in whose sphere of
responsibility the reason for the chargeback lies. Any negative balance remaining after set-off is to be
settled within 14 days of receipt of our notice in text form; after that period you are in default
without further reminder (§ 286(2) no. 2 BGB), interest per § 288(2) BGB.
5.1 Inclusion in result lists. Players are shown only venues that are active, have been verified by
OpenMatch and have completed Stripe Connect onboarding far enough to accept payments.
5.2 Main parameters. The order of results ("ranking") is determined by the following main parameters:
a) Venue search and map: geographic distance from the search location alone, nearest venue first.
Sport, date, time, availability, court type, surface and amenities act as filters that include or exclude
venues; they do not affect the order.
b) Search by name: first the kind of match with the search term (a match in the venue's name before a
match in city or district, and that before a match in sport or court name), then the average player
rating, then the name in alphabetical order.
c) Feed sections: "Trending" by the number of bookings in the last seven days (at least two
bookings), ties broken by the most recently added venue; "Deals" by the size of the discount; new venues
by the date they were added.
d) Open matches: promoted and sponsored matches first, otherwise by distance and start time. A match
is promoted or sponsored when (i) a venue on the Premium plan promotes it or OpenMatch sets it up as a
sponsored match at a venue on the Premium plan, (ii) its creator promotes it within their promotion
allowance (currently a benefit of the Pro subscription) or (iii) a player with a Pro subscription joins it.
5.3 Influence of remuneration (Art. 5(3) P2B). Promoting open matches under clause 5.2(d)(i) requires
the paid Premium plan, and discount campaigns that appear in the "Deals" section can be created by venues
on the Growth plan or above. To that extent a subscription fee can indirectly influence order or
visibility. Otherwise commissions and subscription fees have no influence on ranking; Founding Partner
status is not a ranking parameter.
5.4 This does not require OpenMatch to disclose the detailed functioning of its ranking algorithm or any
trade secret (Art. 5(6) P2B).
6.1 Licence. You grant OpenMatch a non-exclusive right of use, limited to Germany and the other
member states of the European Union and to the term of this contract, in the content you provide (venue
name, logo, descriptions, photos, price and availability data). It covers reproduction, distribution,
making available to the public and technically required editing (cropping, scaling, format adaptation,
compression, watermarking), and the right to grant sublicences to service providers and to the channels
named in clause 6.4. The purpose is exclusively the operation and promotion of the platform and of your
listing on it.
6.2 Ownership of rights. You warrant that you hold the necessary rights, in particular in photos
and in depicted persons (§ 22 KUG), and indemnify OpenMatch against third-party claims for breach of
this warranty in accordance with clause 2.5. You are responsible for the accuracy of your listings.
6.3 End of licence. The licence ends when the contract ends. OpenMatch may continue to use
already-distributed marketing materials, and retain copies in archives, caches or backups, for at most
six months after the contract ends, to the extent recall is technically impossible or unreasonable.
6.4 Additional distribution channels (Art. 3(1)(d) P2B). OpenMatch displays your venue profile only
inside the OpenMatch app. In addition, OpenMatch may use your content in marketing material for the app
and the platform, namely in app-store listings, on its own website, in its own social-media channels and
in newsletters. There is no publicly accessible web profile of your venue. No further distribution
channels or affiliate or partner programmes exist; their introduction will be notified under clause 8.
6.5 Effects on your IP rights (Art. 3(1)(e) P2B). The grant of rights leaves your trademark,
copyright and other IP rights unaffected. OpenMatch acquires no exclusive right and no ownership of your
content or signs.
6.6 Ancillary goods and services (Art. 6 P2B). OpenMatch currently offers no ancillary goods or
services of its own or of third parties — in particular no insurance, equipment or financial products —
through the platform. You may offer equipment and other ancillary services to your own service without
restriction. If we introduce our own or third-party ancillary offerings in the future, we will notify
you of their nature and scope and of your own offering options under clause 8.
7.1 By you. This contract is concluded for an indefinite term. You may terminate it at any time
without notice via the dashboard or in text form; a running subscription ends under clause 3.4.
Bookings already confirmed must nevertheless be fulfilled or cancelled under clause 4.
7.2 By OpenMatch — restriction or suspension. If we restrict or suspend your listing or your
access, we communicate the reasons to you before or at the latest at the time the measure takes
effect, on a durable medium. The statement of reasons names the specific facts and circumstances,
including the content of any third-party notifications, and the ground under clause 7.4. The duty to
state reasons is waived only to the extent a legal or regulatory obligation prevents the communication.
7.3 By OpenMatch — termination. We may terminate on 30 days' notice on a durable medium; the
statement of reasons under clause 7.2 is provided at the latest with the notice of termination. The
30-day period does not apply where a legal or regulatory obligation binds us, where we exercise a
termination right under mandatory law, where there is good cause, or where you have repeatedly breached
these Terms; in those cases we provide the statement of reasons without undue delay afterwards. The
right to extraordinary termination for good cause (§ 314 BGB) remains unaffected.
7.4 Grounds for restriction, suspension and termination. Measures under clauses 7.2 and 7.3 may be
based on the following grounds:
a) breach of these Terms or of mandatory law;
b) inaccurate, incomplete or non-updated information under clause 2.1;
c) missing, incomplete or Stripe-withdrawn Connect verification (KYC/AML);
d) non-compliance with the cooperation duty under clause 3.6 (PStTG) — where we are legally obliged
under § 23 PStTG to take the measure;
e) repeated non-fulfilment of confirmed bookings or a significant accumulation of justified player
complaints;
f) justified suspicion of fraud, money laundering, payment abuse or review manipulation;
g) default on due subscription fees for more than 30 days after a reminder;
h) endangerment of the security, availability or integrity of the platform;
i) an official order or court decision.
7.5 Restoration. If we lift a restriction or suspension, we restore your access without undue
delay, including access to the data generated before the measure.
7.6 Clarifying the facts (Art. 4(3) P2B). For any measure under clauses 7.2 and 7.3 you can set out
to us, through the route in clause 11.1, the facts and circumstances you consider relevant. We review
what you set out and tell you the outcome in text form; if the measure proves unfounded, clause 7.5
applies.
We may amend these Terms. We will notify you of material changes on a durable medium at least 15
days before they take effect (longer where required to let you make technical/commercial
adjustments). During the notice period you may terminate before the changes take effect. We point out the
significance of your silence and your termination right separately in the change notice. Continuing to
use the platform after the effective date constitutes acceptance of the new version. We never apply a
new version retroactively, and we keep every prior version on record.
8.5 Limits of the change procedure. An increase of the commission rate under clause 3.2, an
extension of commission to previously commission-free bookings, and an increase of subscription fees
under clause 3.4 become effective only with your express consent. We obtain the consent in the
dashboard; until you consent, the previous terms continue to apply. If you do not consent, either party
may end the contract under clause 7. Continued use does not substitute for consent in this respect.
9.1 Roles. For booking and player data exchanged so you can fulfil a booking, you and OpenMatch each
act as an independent controller (controller-to-controller). For the SaaS/processing functions where
OpenMatch processes data on your instructions, a separate Data Processing Agreement (AVV, Art. 28
GDPR) applies — see Annex A.
9.2 Data access (Art. 9 P2B Regulation).
a) OpenMatch's access (Art. 9(2)(a)). OpenMatch has access to all data that you or players provide
for the use of the platform or that is generated in its provision. The categories are: your venue's
master data, listing, price and availability data, booking, cancellation and utilisation data, payment
and payout data (players' payment-instrument data remains with Stripe), reviews, support and chat
communication, and usage and device data. Conditions: OpenMatch uses this data to operate and develop
the platform, for billing, for abuse and fraud prevention, and to comply with legal obligations, for the
term of this contract and beyond it for the duration of statutory retention periods.
b) Your access to data concerning your venue (Art. 9(2)(b)). You have access to the following
categories: your master data, your listings, availabilities and prices, all bookings at your venue
including cancellation and refund status, your revenue and payout data, your commission statements
including the attribution under clause 3.2.3, the reviews of your venue, and those personal data of
players required to perform the booking (name, contact details, booking details). Conditions: on an
ongoing basis and free of charge via the dashboard, additionally via an export function in a common
machine-readable format, for the term of this contract and beyond it within clause 9.4.
c) Your access to platform-wide data (Art. 9(2)(c)). You receive no access to data provided or
generated across all venues and players — neither in personal or individual form nor in aggregated form.
Should OpenMatch make aggregated market metrics available in future, we will notify you of their
categories and the conditions of access under clause 8.
d) Sharing with third parties (Art. 9(2)(d)). OpenMatch shares data under (a) with: Stripe Payments
Europe, Ltd. (payment processing), the sub-processors named in Annex 2 of Annex A, the
Bundeszentralamt für Steuern (§§ 13, 14 PStTG), and authorities and courts where we are legally obliged
to do so. All of these disclosures are necessary for the proper functioning of the platform or to comply
with legal obligations; no opt-out is therefore provided. Your venue, booking or customer data is not
shared with any other third party for that party's own commercial purposes.
9.3 Compliance. Both parties comply with the GDPR and applicable data-protection
law.
9.4 Data after the contract ends (Art. 8(c) P2B). Until the contract ends, the export function is
available to you in the dashboard. Within 30 days after the contract ends, we provide the same export on
your request in text form to support@open-match.com. Thereafter your data is deleted or anonymised in accordance with the
privacy policy and statutory retention periods (§ 147 AO, § 14b UStG, § 24 PStTG). In detail: eight
years for payment receipts and invoices; ten years for the § 24(1) PStTG records we keep as a reporting
platform operator (clause 3.6), under § 10 of Annex A. The ten-year PStTG period applies
in addition to — not instead of — the eight-year retention of payment receipts and invoices.
10.1 OpenMatch is liable without limitation for injury to life, body, or health resulting from a
negligent or intentional breach by OpenMatch, or an intentional or negligent breach by its legal
representative or vicarious agent.
10.2 OpenMatch is liable without limitation for other damages caused intentionally or by gross
negligence (including by its representatives or agents), for expressly assumed guarantees, and under the
Produkthaftungsgesetz.
10.3 For other damages caused by slight negligence, OpenMatch is liable only where it breaches a
material contractual duty — that is, a duty whose fulfilment is essential to the proper performance
of this contract and on whose observance the Venue regularly relies and may rely — and then only for the
foreseeable, contract-typical damage at the time the contract was concluded.
10.4 Any further liability for slight negligence is excluded, in particular for the breach of duties that
are not material contractual duties within the meaning of clause 10.3.
10.5 The above limitations also apply in favour of OpenMatch's legal representatives, employees, and
vicarious agents.
10.6 Mandatory statutory liability — in particular under the Produkthaftungsgesetz and for assumed
guarantees or fraudulent concealment — remains unaffected.
10.7 Availability. OpenMatch provides the platform and dashboard with an availability of 97% as a
monthly average. Planned maintenance windows announced at least 24 hours in advance and placed in
low-traffic times where possible, and disruptions for which we are not accountable — in particular at
Stripe, hosting, network or app-store operators, and force majeure — do not count as downtime.
10.8 Exclusion of no-fault liability. OpenMatch's no-fault liability for defects already present at
the conclusion of the contract (§ 536a(1) alt. 1 BGB) is excluded. Clause 10 otherwise remains
unaffected.
10.9 Data loss. Liability for data loss is limited to the effort that would have been required for
restoration had you performed proper and regular data backups. Clauses 10.1 and 10.2 remain unaffected.
11.1 You can raise complaints via support@open-match.com. We handle complaints in good faith and without
undue delay and inform you of the outcome.
11.2 As a small enterprise within the meaning of Recommendation 2003/361/EC, OpenMatch is currently
exempt from the mandatory internal-complaint-handling and mediator-designation duties of Arts. 11–12 P2B.
Nevertheless, to resolve disputes out of court, OpenMatch is willing to engage with the following
mediators: the Centre for Effective Dispute Resolution (CEDR), London (cedr.com/p2b), and the P2B
mediation body of the Bundesverband Onlinehandel e.V. (BVOH), Berlin. At least one mediator works in
German. The parties agree on the allocation of mediation costs in each individual case.
12.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention
on Contracts for the International Sale of Goods (CISG).
12.2 For all disputes arising from or in connection with these Terms with a Venue that is a merchant
(Kaufmann), a legal person under public law, or a special fund under public law, the exclusive place of
jurisdiction is Berlin. OpenMatch may also sue the Venue at its general place of jurisdiction.
Mandatory statutory places of jurisdiction remain unaffected.
12.3 Set-off and retention. You may set off against claims of OpenMatch only with undisputed or
finally adjudicated counterclaims. A right of retention exists only for counterclaims from the same
contractual relationship.
12.4 Transfer. The transfer of this contract, or of individual rights and obligations under it, to
third parties requires the other party's consent; § 354a HGB remains unaffected. OpenMatch may transfer
the contract in the course of universal succession or to an affiliated company.
12.5 Force majeure. Events of force majeure preventing a party from performing release it from the
duty to perform for their duration. If the event lasts longer than 60 days, either party may terminate
the contract extraordinarily.
12.6 Contract language and binding version. These Terms are drawn up in German. The German version
alone is binding. This English version is a convenience translation provided for your information only.
In the event of any discrepancy or doubt as to interpretation between the German and the English
version, the German version prevails.
Where OpenMatch processes personal data on the Venue's behalf and documented instructions (the
SaaS-processor leg — dashboard, analytics, notifications), the parties agree the Art. 28 GDPR data
processing agreement. It does not apply to booking fulfilment between player and venue, where each
party is an independent controller (Art. 4(7), Art. 6(1)(b) GDPR).
The operative text of Annex A is set out in full in the binding German version of these Terms
(there: Anhang A), which forms part of this agreement and is available to you in full for
reading and download before and after acceptance. It is reproduced there in its entirety rather than
translated here, because a non-binding translation of a data-processing agreement would create ambiguity
about the operative obligations; the German text controls in any event (see clause 12.6).
Annex A covers: subject-matter, nature, purpose and duration; categories of data subjects and types of
personal data; the controller's documented instructions; confidentiality; Art. 32 technical and
organisational measures; sub-processors under a general authorisation with a right to object;
data-subject-rights assistance; breach notification; deletion and return on termination (with the § 147 AO
retention carve-out); and audit rights. It is concluded in electronic form under Art. 28(9) GDPR — your
acceptance of these Terms replaces signature, and OpenMatch records version, effective date, account,
timestamp, IP address and device.
_By accepting, you confirm you are authorised to bind the Venue and agree to these Venue Partner Terms
(version 3.0, effective 6 October 2026). © OpenMatch UG (haftungsbeschränkt)._