General Terms and Conditions for jixmo®

Version: 4 October 2026

§ 1 Provider, scope and definitions

(1) These General Terms and Conditions (“Terms”) govern the purchase and use of jixmo® hardware, software licenses, cloud services, digital services, applications, APIs and related services (collectively, the “jixmo Services”). The provider is Harald Eric Beringer, jixmo®, Marlene-Dietrich-Str. 5, 89231 Neu-Ulm, Germany (“jixmo” or the “Provider”).

(2) These Terms apply to consumers and business customers unless a provision expressly states otherwise. Mandatory consumer rights remain unaffected.

(3) A “Set” means the connected jixmo scoring hardware sold as one set. A “Set License” means the recurring software license required for operation of a Set. A “Player License” means the optional recurring license for a persistent digital player identity and related personal features.

(4) Individual offers, order confirmations and expressly agreed contractual terms take precedence over these Terms where they deviate from them. Terms of the customer do not apply unless expressly accepted by jixmo.

§ 2 The jixmo system and scope of services

(1) jixmo is a hardware-enabled sports data and competition platform for score-based sports. Depending on the applicable product and license, the jixmo Services may include connected scoring devices, score announcements, score transmission, live views, match records, venue and court management, tournament and league functions, rankings, ratings, player identities, voice-based identification, statistics, applications and data interfaces.

(2) Individual features may be introduced, modified or discontinued in accordance with these Terms and applicable law. Features identified as “Coming soon”, “planned”, “beta”, “pilot” or similar are not guaranteed to be available at a particular time unless expressly agreed otherwise.

(3) jixmo may use third-party infrastructure and service providers where necessary to provide the jixmo Services.

§ 3 Hardware purchase and transfer

(1) Ownership of purchased jixmo hardware passes to the customer in accordance with applicable law and the applicable purchase agreement. Purchase of hardware does not include a perpetual right to use jixmo software or connected platform functionality.

(2) A valid Set License is required for the intended operation of each Set. Without an active Set License, the Set does not provide its licensed jixmo functionality and is not intended to operate as an independent offline scoring product.

(3) Unless expressly stated otherwise in the applicable offer, power banks, bags and accessories not specifically listed as included are not part of the hardware purchase.

(4) The customer must use the hardware in accordance with the documentation, safety instructions and intended operating conditions. Unauthorized modification of hardware or firmware may result in malfunction and may affect claims to the extent permitted by law.

(5) The customer may resell or otherwise transfer ownership of purchased hardware. A subsequent owner must obtain or activate the licenses required for use and may be required to complete a device-transfer or reassignment process specified by jixmo. Existing subscriptions and user accounts do not automatically transfer with the hardware.

§ 4 Commercial Pilot and pre-orders

(1) Products offered as part of the jixmo Commercial Pilot are products from an early commercial production run intended for real-world use. Commercial Pilot hardware may differ from later series-production hardware. In particular, Commercial Pilot devices may use 3D-printed housings and may not provide the same sealing, ingress protection, finish or manufacturing characteristics as later series-production devices.

(2) The specific scope, price and included components are determined by the offer displayed at the time of purchase. Unless otherwise stated during checkout, Commercial Pilot delivery is available within the European Union only. Standard shipping for the Commercial Pilot within the European Union is free of charge.

(3) Delivery dates communicated for pre-orders are estimates unless expressly identified as binding. The currently anticipated delivery period for the Commercial Pilot is Q1 2027.

(4) The customer may cancel a Commercial Pilot pre-order at any time before production of the ordered unit has begun. Amounts already paid for the cancelled order will be refunded.

(5) jixmo may cancel a Commercial Pilot order if production does not proceed, production becomes technically or commercially impracticable, or the ordered product cannot reasonably be supplied. In that case, amounts already paid for the cancelled product will be refunded.

(6) Mandatory statutory rights remain unaffected.

§ 5 Voluntary 30-day money-back guarantee

(1) In addition to statutory rights, jixmo provides a voluntary 30-day money-back guarantee for eligible Commercial Pilot hardware. The period begins when the customer receives the hardware.

(2) During this period, the customer may unpack, install and reasonably test the product for its intended purpose. The hardware must be returned substantially complete. Damage or excessive wear caused by use beyond reasonable testing may be taken into account to the extent permitted by law.

(3) The customer bears the direct cost of return shipping under this voluntary guarantee. After receipt of the returned product, jixmo will refund the purchase price subject to the conditions above.

(4) This voluntary guarantee does not limit or replace statutory withdrawal rights, statutory defect rights or other mandatory consumer rights.

§ 6 Set License

(1) Each Set requires an active Set License. The regular Set License is currently offered at EUR 20 per month per Set (final price, no VAT added). The price displayed when the subscription is concluded is decisive.

(2) The Set License is billed monthly and automatically renews for successive one-month billing periods unless cancelled. It may be cancelled at any time with effect at the end of the current paid billing period. There is no minimum subscription term unless expressly agreed otherwise. Mandatory consumer cancellation rights remain unaffected.

(3) For Commercial Pilot customers, the first month of the Set License is provided free of charge. The free month begins upon first activation of the Set License, not upon pre-order or purchase of the hardware.

(4) The Set License provides access to the applicable jixmo platform functions and may include operation of the connected Set, score transmission and processing, live scoring, venue and court management, tournament management, rankings and match data, league functionality where available, and one Player License.

(5) A Set License is required for each Set unless expressly agreed otherwise.

(6) When a Set License expires, Set-License-dependent device and cloud functionality ends at the end of the paid period. Historical match data is handled in accordance with § 12.

§ 7 Player License and digital player identity

(1) A Player License is optional and is currently offered at EUR 10 per month (final price, no VAT added). The price displayed when the subscription is concluded is decisive. The Player License automatically renews for successive one-month billing periods unless cancelled and may be cancelled at any time with effect at the end of the current paid billing period. There is no minimum subscription term unless expressly agreed otherwise. Mandatory consumer cancellation rights remain unaffected.

(2) A Player License may include a persistent digital player identity, identification under the player's own name, personalized name announcements, voice-based identification, personal match history, personal statistics, digital league participation where available, and access to player applications where available.

(3) Features marked as “Coming soon” or otherwise identified as not yet available are not currently guaranteed services.

(4) Anonymous play and participation in tournaments do not require a Player License where supported. Score announcements remain available through an active Set License; without a Player License, however, there is no persistent digital player identity and no personal name announcement.

(5) After expiry of a Player License, Player-License-dependent functionality is disabled. The player profile and associated historical information may be retained so that the service can be reactivated, subject to the user's statutory data-protection rights and § 12.

(6) A Player License included with a Set License may also be used for the user account through which the relevant venue is administered, subject to the permissions provided by jixmo.

§ 8 Accounts, venues and administration

(1) Certain jixmo Services require a user account. Users must provide accurate information and keep authentication credentials confidential.

(2) A venue account may administer multiple courts, Sets, tournaments, matches and related venue functions where supported by the applicable license.

(3) Business customers are responsible for ensuring that persons to whom they grant administrative access are authorized to act on their behalf. jixmo may provide different roles and permissions for venue administrators, players and other users.

(4) Users must promptly inform jixmo if they become aware of unauthorized use of their account.

§ 9 Matches, tournaments and score data

(1) jixmo may capture and process scoring events generated through connected jixmo devices and authorized interfaces. Score data may be processed to create live scores, match timelines, results, rankings, ratings, statistics, tournament results and other competition-related information.

(2) Authorized users may be permitted to correct, complete or administer match information where supported by the service.

(3) jixmo does not guarantee that every score event or match record will be free from errors. Network failures, user input, hardware events, configuration errors and other circumstances may affect captured data.

(4) Tournament functionality may include tournament creation, participant management, match generation, court assignment and result processing. Tournament functionality is one component of the jixmo platform and not its exclusive purpose.

§ 10 Voice identification and audio processing

(1) Where voice identification is used, a jixmo device may temporarily record audio and transmit it to the jixmo platform for automated speech and identification processing. Specialized third-party service providers may be used for this processing.

(2) Raw voice recordings used for normal voice identification are processed transiently and deleted after the processing required for the identification request has been completed. They are not used as permanent match records.

(3) Information derived from the request, such as an identified player, player code, recognition result or necessary technical processing information, may be retained where required for operation, security, troubleshooting or the associated player functionality.

(4) Further information on personal-data processing is provided in the jixmo Privacy Policy and, where applicable, a Data Processing Agreement.

§ 11 Data rights and use of data by jixmo

(1) The jixmo platform is based on the collection, combination and processing of scoring, match, player, venue, device and competition data. To the extent a customer, venue, player or other authorized user provides data to jixmo or causes data to be generated through use of the jixmo Services, that person grants jixmo, to the extent legally permitted and for the duration necessary for the relevant purposes, the non-exclusive rights required to host, store, reproduce, process, structure, combine, analyze, calculate, display and otherwise use such data for the operation, provision, security, maintenance, improvement and development of the jixmo Services.

(2) In particular, jixmo may use such data for recording and reconstructing matches; live scoring; calculating results, ratings and rankings; statistics and match histories; player identities and player services; tournaments and leagues; venue and court management; prevention of fraud, abuse and manipulation; security and troubleshooting; technical monitoring; service improvement and development; aggregated analysis; and making data available through jixmo interfaces, public views and APIs in accordance with the applicable service.

(3) Users retain any rights they have in information or content they provide. Nothing in these Terms transfers ownership of personal data to jixmo. To the extent data constitutes personal data, jixmo processes it only in accordance with applicable data-protection law and the jixmo Privacy Policy. The contractual rights in this section do not constitute a blanket legal basis for processing or commercial exploitation of personal data beyond the purposes described in these Terms and the Privacy Policy. Any further processing requires an applicable legal basis and, where required by law, consent.

(4) Where data has been effectively anonymized so that it no longer constitutes personal data, jixmo may retain, combine, analyze and use it without limitation in time for operation, statistics, research, improvement and development of jixmo, subject to applicable law.

(5) To the extent jixmo is a data holder under applicable data law, jixmo may use non-personal product data and related-service data that is readily available to jixmo on the contractual basis set out in this § 11 and only for purposes permitted by applicable law.

(6) Mandatory statutory rights to access, retrieve, use or share data, including rights applicable to data generated by connected products or related services, remain unaffected. Pre-contract information on generated product data, related-service data, storage, retention and access required by applicable law will be provided separately where required.

§ 12 Historical match records and retention

(1) A match played through the jixmo system forms part of the historical sporting record of the platform. Termination or expiry of a Set License, Player License, venue subscription or user relationship does not automatically delete historical match and scoring records.

(2) Historical match and scoring data may be retained for the continued operation, integrity and historical consistency of match histories, ratings, rankings, statistics, competition records and the jixmo sports-data platform.

(3) Where a user account is deleted or personal data can no longer lawfully be retained in identifiable form, jixmo may anonymize or otherwise detach historical match information from the deleted account while retaining the underlying sporting event, score and result. Match records relevant to other players' rankings, histories or statistics may therefore remain part of the platform to the extent permitted by law.

(4) Anonymized match and scoring data may be retained indefinitely.

§ 13 Public match data, rankings and statistics

(1) jixmo is designed as a networked sports platform. Match results, player identities or display names, rankings, ratings, statistics, venue information and other sporting information may therefore be made publicly accessible where publication forms part of the relevant jixmo feature and is legally permitted.

(2) Public information may be displayed through websites, applications, live views, leaderboards, tournament pages, venue pages or APIs.

(3) Users must not provide information for publication that they are not entitled to provide. Where applicable law requires a legal basis, consent, notice or other requirement for publication of personal data, publication remains subject to that requirement.

§ 14 Database, API and data-access rights

(1) The jixmo platform, its database structure and compilation of match information, rankings, statistical datasets, interfaces and APIs are valuable assets of jixmo and may be protected by copyright, database rights and other intellectual-property rights.

(2) Unless jixmo expressly grants broader rights in writing, access to a jixmo API grants only a limited, non-exclusive, non-transferable and revocable right to access, read, display and technically process the data made available through that API for the authorized purpose and within applicable technical limits. API access does not constitute a sale, transfer or general license of the jixmo database or the datasets accessible through it.

(3) Except where expressly authorized by jixmo or required by mandatory law, API users must not systematically extract or harvest jixmo data; bulk-download substantial quantities of data; create or maintain a permanent mirror or copy of the jixmo database; reconstruct a substantial part of the database; repeatedly extract smaller portions in a manner equivalent to systematic extraction; build a competing match, player, ranking or sports database from jixmo data; resell, sublicense or commercially redistribute jixmo data; make jixmo data available through another API or data feed; circumvent access controls or rate limits; or use jixmo data to populate or train third-party datasets or machine-learning systems.

(4) Temporary technical processing, caching or storage reasonably necessary to display or use an authorized API response is permitted where consistent with the intended API use.

(5) jixmo may impose API keys, authentication requirements, rate limits and technical restrictions and may suspend or revoke API access for material breach, unauthorized extraction, security risks or use outside the granted scope.

(6) Nothing in this section restricts rights that cannot validly be waived under mandatory law, including applicable statutory rights concerning access to and use of data from connected products or related services.

§ 15 Intellectual property

(1) All rights in the jixmo software, firmware, platform, applications, designs, documentation, trademarks, logos, interfaces and other proprietary materials remain with jixmo or the applicable rights holder.

(2) Purchase of hardware does not transfer intellectual-property rights in firmware, software or the jixmo platform. Subject to an active applicable license, jixmo grants the customer a limited, non-exclusive right to use the relevant software and services for their intended purpose.

(3) Users must not reverse engineer, decompile, circumvent security or licensing mechanisms or obtain unauthorized access to jixmo software or infrastructure except to the extent such restriction is prohibited by mandatory law.

§ 16 Updates and modifications

(1) jixmo provides updates, including security updates, to the extent required by the contract and applicable law. Updates may be installed automatically where technically appropriate. Where user action is required, jixmo may inform the user about the availability of the update and relevant consequences of failing to install it.

(2) During continuous provision of a digital service, jixmo may make changes beyond those necessary to maintain contractual conformity only where there is a valid reason, including security requirements, technical development, legal or regulatory requirements, changes to third-party infrastructure, interoperability requirements, prevention of abuse, correction of errors or improvement and further development of functionality, and only in accordance with applicable statutory requirements.

(3) Consumers will not incur additional costs solely as a result of a modification under paragraph (2) and will be informed clearly and comprehensibly about the modification. Where a modification more than insignificantly impairs a consumer's access to or use of the digital service, jixmo will inform the consumer on a durable medium within a reasonable period before the modification about its characteristics and timing and the consumer's applicable rights. Where provided by applicable law, the consumer may terminate the affected contract free of charge within 30 days, subject to the statutory conditions and exceptions.

(4) Mandatory rights relating to updates and modifications of digital products and goods with digital elements remain unaffected.

§ 17 Technical requirements and availability

(1) jixmo is a connected system and requires suitable technical infrastructure. Customers are responsible for providing the Internet connection, Wi-Fi infrastructure, electrical power or compatible power banks, compatible end-user devices and other infrastructure identified in the documentation.

(2) Performance may be affected by radio interference, network quality, Internet outages, third-party services and environmental conditions outside jixmo's control.

(3) jixmo will use reasonable efforts to provide the services reliably. No specific service-level agreement, guaranteed uptime or guaranteed response time applies unless separately agreed in writing.

(4) Services may temporarily be unavailable due to maintenance, updates, security measures, Internet or hosting failures, third-party service failures, force majeure or other technical circumstances.

(5) jixmo may provide electronic support through the contact channels made available by jixmo. This does not constitute a guaranteed 24/7 support service.

(6) Nothing in this § 17 limits statutory rights, in particular consumer rights where a digital product or service is not provided or fails to conform to the contract. Interruptions caused solely by the customer's local Internet or Wi-Fi connection, power supply or other circumstances outside jixmo's responsibility do not by themselves constitute a defect of the jixmo Services.

§ 18 Customer obligations and prohibited use

(1) Customers and users must use jixmo lawfully and for its intended purposes and must respect third-party rights.

(2) Users must not interfere with the technical operation of jixmo; attempt unauthorized access; bypass licensing, authentication or security mechanisms; intentionally manipulate match or ranking data; submit fraudulent player identities; misuse voice identification; overload or scrape the platform contrary to these Terms; distribute malicious software; or otherwise use jixmo unlawfully.

(3) jixmo may temporarily suspend access where reasonably necessary to protect users, infrastructure, data integrity or security. In cases of material or repeated breach, jixmo may terminate the affected service subject to applicable contractual and statutory requirements.

§ 19 Prices and payment

(1) The prices displayed at the time of order or subscription apply. Prices displayed are final prices. As a small business under § 19 UStG, jixmo does not charge or show VAT. Any additional charges, if applicable, will be disclosed before the order is placed.

(2) Payment may be processed through third-party payment providers. The customer may be subject to the payment provider's terms for payment processing.

(3) Recurring license fees are due for each billing period until cancellation becomes effective. Failure to pay may result in suspension of the relevant license after any legally required notice or cure period.

(4) Event or tournament entry fees and other separately offered services are not included in a Set License or Player License unless expressly stated.

§ 20 Statutory defect rights and voluntary warranties

(1) Statutory rights for defective goods and digital products apply. For consumers, these rights are not limited by these Terms.

(2) jixmo does not provide an additional commercial hardware guarantee unless expressly stated in a separate guarantee declaration.

(3) A defect is not established merely because later products or software versions contain additional or improved functionality.

§ 21 Liability

(1) jixmo is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where liability cannot otherwise lawfully be limited.

(2) In cases of slight negligence, jixmo is liable for breach of an essential contractual obligation whose fulfilment is necessary for proper performance of the contract and on whose fulfilment the customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical for the contract, except where mandatory law provides otherwise.

(3) Subject to paragraphs (1) and (2), liability for slight negligence is excluded to the extent permitted by law.

(4) jixmo is not responsible for disruptions caused solely by infrastructure or circumstances outside its control, including the customer's Internet or Wi-Fi connection, compatible power supply, third-party networks or unauthorized modifications, except where jixmo is legally responsible for the relevant circumstance.

(5) Mandatory consumer rights and liability arising from an expressly assumed guarantee remain unaffected.

§ 22 Term, cancellation and consequences of termination

(1) Hardware purchase contracts end in accordance with the applicable law after the parties' obligations have been fulfilled. Recurring Set Licenses and Player Licenses continue from billing period to billing period until cancelled.

(2) Ordinary cancellation of a monthly license takes effect at the end of the current paid billing period. The right of either party to terminate for good cause remains unaffected.

(3) Upon expiry of a Set License, the affected Set and Set-License-dependent cloud functions cease to be available as described in § 6. Upon expiry of a Player License, Player-License-dependent functions cease to be available as described in § 7.

(4) Termination does not require deletion of historical match and scoring records to the extent their continued use is permitted by applicable law. Their retention is governed by § 12 and applicable law.

(5) jixmo may retain account and configuration data after ordinary license cancellation where necessary to permit later reactivation, subject to applicable data-protection rights and retention requirements.

(6) Mandatory consumer rights concerning non-personal content provided or created when using a digital product remain unaffected. Where applicable law requires jixmo after termination to make eligible content available to the consumer, jixmo will provide it free of charge, without undue hindrance, within a reasonable period and in a commonly used, machine-readable format. Statutory exceptions remain unaffected.

§ 23 Right of withdrawal for consumers

(1) Consumers entering into a distance contract generally have a statutory right of withdrawal. For the purchase of goods, the withdrawal period is generally 14 days from the day on which the consumer or a third party designated by the consumer, other than the carrier, takes possession of the goods. For service contracts, the withdrawal period generally begins when the contract is concluded. Statutory exceptions remain unaffected.

(2) To exercise the right of withdrawal, the consumer must inform jixmo (Harald Eric Beringer, Marlene-Dietrich-Str. 5, 89231 Neu-Ulm, Germany; e-mail: support (at) jixmo (dot) io) by an unequivocal statement of the decision to withdraw. Sending the statement before expiry of the withdrawal period is sufficient.

(3) If a consumer withdraws from a contract for goods, jixmo will reimburse payments received for the withdrawn purchase, including standard delivery costs where legally required, without undue delay and no later than the statutory deadline. jixmo may withhold reimbursement until the goods have been received back or the consumer provides evidence of having sent them back, where permitted by law.

(4) The consumer must return the goods without undue delay and no later than 14 days after communicating the withdrawal. The consumer bears the direct return costs where the consumer was informed of this obligation before the contract was concluded. The consumer is responsible only for diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

(5) Where a consumer expressly requests that a paid service begin during the withdrawal period, statutory rules concerning payment for services already performed apply. The conditions for expiry of a statutory withdrawal right for fully performed services or digital content apply only where the statutory requirements are met.

(6) The statutory right of withdrawal is independent of the voluntary 30-day money-back guarantee in § 5. Where both apply, the consumer may rely on the right that is more favorable in the particular case.

(7) jixmo will provide the legally required withdrawal information and, where required, a model withdrawal form in connection with the relevant consumer transaction.

§ 24 Data protection

(1) Personal data is processed in accordance with applicable data-protection law and the jixmo Privacy Policy.

(2) Where a business customer processes personal data through jixmo and jixmo acts as processor on behalf of that customer, the applicable Data Processing Agreement forms part of the contractual arrangements where required by applicable law and is binding upon acceptance in the applicable checkout or onboarding process.

(3) The data-use rights in §§ 11 to 14 do not reduce data subjects' mandatory rights under applicable data-protection law.

§ 25 Final provisions

(1) These Terms and the contractual relationship are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not deprive them of the protection afforded by mandatory provisions of the law that would apply in the absence of this choice of law, in particular the law of the country in which they have their habitual residence where applicable.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts competent for Neu-Ulm, Germany, shall have jurisdiction to the extent legally permissible. Mandatory statutory places of jurisdiction remain unaffected.

(3) The contractual language for these Terms is English.

(4) If an individual provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected. Mandatory statutory rules apply in place of any invalid provision.

Data Processing Agreement (DPA)