From ONGRID SPORTS TECHNOLOGY GMBH
(Hereinafter referred to as the Operator)
(1) These terms and conditions are the contractual basis for the use of the onGRID platform by the user.
(2) onGRID makes it possible to digitally map the entire organization of a racing event, in particular to electronically submit legally relevant documents such as the race entry and to make the necessary declarations.
(3) The Operator of the onGRID platform is onGRID SPORTS TECHNOLOGY GMBH (hereinafter referred to as the “Operator” or “onGRID”).
2. Conclusion of agreement and user account
(2) The matter of this agreement is the use of the online offer of onGRID, especially the management of racing events or the registration and participation in such including legally binding, digital registration.
(3) The creation of a profile requires the creation of a user account. This consists of necessary log-in information and a password (\“log-in data\”). The creation of a user account is only possible by providing a current e-mail address of the user (the “User”). Communication between the User and the Operator always takes place via this e-mail address.
(4) The User has the option of registering in the role of a race driver, team manager, race organizer, legal guardian, and/or vehicle owner. In doing so, they may upload a profile photo to the onGRID platform and enter their address data in the user profile.
(5) In the role of race driver, the User can register for races and series and furthermore network with race teams or manage his own fleet of racing vehicles. As a race driver, the User can upload his race license as an electronic copy (e.g., as a scan) on the onGRID platform for verification in order to fully use all functions of the platform. As a team manager, the User manages the racing team as well as its fleet and licenses and can register it at the race in conjunction with racers with whom he has previously networked. Guardians are the representatives of underage racers (under 18 years of age). They are responsible to consent to the minor racer\‘s declaration of intent.
(6) The User shall handle the log-in data with due care. In particular, the User is prohibited from disclosing the log-in data to third parties and/or allowing third parties to access the profile by circumventing the log-in data.
(7) If the User violates his obligations under paragraph 6 above and his User account is used by third parties, the User shall be liable for all activities that take place using his User account. The User shall not be liable if he is not responsible for the misuse of his user account.
(9) The agreement language is English only. Applicable German legal institutions will be represented with their German name for clarification purposes, provided that they are known to differ from the English-language legal institutions.
(10) In any communication of the User with other users, any contractual relationships arise exclusively between the users involved. The Operator is neither a representative nor a contractual partner.
3. KYC/KYB Process
(1) The prerequisite for opening a User Account is the execution of a one-time identification process (KYC /KYB process). This enables the User, after his unique identification vis-à-vis onGRID, to electronically sign legally relevant documents in connection with the participation in any service as described in section 5 (2) and offered on the onGRID platform.
(2) The identification process is carried out by IDnow GmbH (Auenstraße 100, 80469 Munich) for the Operator. IDnow’s terms and conditions apply to the identification process.
(4) The same obligation applies to legal entities that register for a User Account, legal guardians, and vehicle owners.
4. Registration of the vehicle owner
(1) A vehicle can only be registered on the onGRID platform if its owner registers as such or the team manager prepares the registration for the owner.
(2) Registration requires that the vehicle owner carries out the identification process in accordance with section 3 and provides a digital copy of the vehicle passport. Team managers and vehicle owners are responsible for the classification of their vehicles in the proper categories and classes of the race organizers. onGRID shall have no obligation to verify the information about the vehicles.
(3) The vehicle owner shall be solely responsible for ensuring that the vehicle meets all requirements for participation in the respective race event.
5. Scope of the User Account and effect of declarations of intent with 2-factor authentication
(2) With a User Account, the user can especially make use of the following services:
- Race registration.
- Issuance of waivers.
- Registration of vehicles.
- Create race teams.
- Transmission of results.
- Payment of entry fees.
- Data-based networking.
- Networking and management of drivers in the teams.
These services are offered on the onGRID platform, however, onGRID is a mere intermediary. An agreement might be entered into between the User and onGRID pertaining to the services offered.
Declarations pursuant to clause 5 (2) must be made by means of a QES and using a 2-FA so that proof of identity of the declarant is provided. All other declarations, such as the termination of the onGrid user account in clause 15 (2), can be made without any form.
(3) These services are offered on the onGRID platform, however, onGRID is a mere intermediary. An agreement might be entered into between the User and onGRID pertaining to the services offered.
(4) In order to participate in a service, set out in section 6 (2) offered by the onGRID platform the User must confirm his/her participation by means of a 2-factor authentication in order to confirm his/her identity. The prerequisite is a successful identification of the User according to section (3). Participation in any service set out on the onGRID platform may require that third party terms and conditions apply, e. g. terms and conditions from Race Organizers, in addition to these terms and condition.
6. Availability of the onGRID platform
(1) The Operator strives for a trouble-free operation of the platform. This is naturally limited to services over which the Operator has an influence.
(2) The Operator is at liberty to restrict access to the platform in whole or in part, temporarily, because of maintenance work, capacity concerns and other events beyond its control. The Operator shall inform its user in due time thereof.
7. Costs for the use of the platform
(1) Race Organizers may be charged fees for the use of a User Account. Race Organizers may charge race drivers and teams (including Legal Guardians and vehicle owners) for enlisting in a race event and potential further services. For each registration, the Race Organizer pays onGRID a commission unless agreed otherwise. The fees, commissions as well as the remuneration for further services of onGRID are defined in the current price list or are agreed individually with the Series / Race Organizer or Track Day Organizer.
(3) onGRID invoices fees, commissions as well as renumerations for its services to the Race Organizer.
(4) The individual fees as well as commission are due for payment immediately and can be settled via the payment methods accepted by onGRID. Fees for ongoing services (e.g., a race series), can be invoiced in advance. If the collection fails, the Race Organizer has to reimburse onGRID for the additional costs incurred, as far as he is responsible for the failure.
8. Obligations of the User to cooperate
(1) The User must refrain from any activity that is likely to impair the operation of the platform or the technical infrastructure behind it.
(2) This includes in particular:
- the use of software, scripts, or databases in connection with the use of the platform; and
- the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the platform.
9. Rights of use
(1) All rights to the contents of the platform are held by the Operator. The User shall be prohibited from copying, distributing and/or publishing content that the Operator, other users or third parties have uploaded to the onGRID platform.
(2) Unless otherwise agreed below, the User shall receive a revocable, simple, comprehensive, worldwide right of use, limited to the term of the agreement, for the functionalities of the onGRID platform granted to him in accordance with his account.
(3) This right of use and exploitation extends only to use on mobile devices and desktops.
(4) The rights granted in this Section 10 are covered by the remuneration agreed in Section 8 of the agreement and are granted at no additional cost to the User.
(5) Insofar as the User holds the copyrights to necessary documents or results himself, onGRID shall be granted the necessary rights of use and exploitation for the performance of services until the end of this agreement.
Should it be determined that the contractual services violate the property rights of third parties, onGRID shall grant the User the necessary rights of use at its own expense or modify or replace the programs in such a way that they no longer fall under the property rights, but nevertheless comply with the contractual provisions.
Should onGRID not be in a position to grant the required rights of use, onGRID is entitled to terminate the agreement for good cause in accordance with section 14.
onGRID’s liability is excluded if the circumstance that a third party right has been infringed is the responsibility of the User, unless onGRID has received knowledge of such infringement and remains idle. This is e.g., the case with images and texts which onGRID receives from the User for embedding in the onGRID platform or which have been inserted independently by the User. onGRID shall not be obliged to check the rights of third parties to data and other documents received from the User.
10. Prohibited activities
(1) Users shall be prohibited from:
any activities on or in connection with the onGRID platform that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, Users shall be prohibited from the following actions: use of the onGRID platform and/or information contained therein for offers and advertisements of content, services and/or products, both the Users\’ own and those of third parties, for unrelated goods and services;
any electronic or other collection of identity and/or contact information (including email addresses) from other Users (e.g., for sending unsolicited emails);
the posting, distribution, offering and advertising of pornographic content, services and/or products that violate laws for the protection of minors, data protection laws and/or other laws; and
the use of content that insults or defames other participants or third parties.
(2) Furthermore, regardless of any violation of the law, Users are prohibited from the following activities when posting their own content on the platform and when communicating with other participants (e.g., by sending personal messages or by participating in discussion forums / group chats):
the distribution of viruses, Trojans and other malicious files;
the sending of junk or spam mail and chain letters;
the dissemination of indecent, offensive, sexually oriented, obscene, or defamatory content or communication, as well as content or communication that is likely to promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case explicitly or implicitly);
harassing other users, e.g., by contacting them personally several times without or contrary to the reaction of the other participant as well as encouraging others of such harassment;
soliciting other participants to disclose passwords or personal information for commercial or unlawful purposes; and
the distribution and/or public reproduction of content available on the onGRID platform unless the User is expressly permitted to do so by the respective author or unless this is expressly made available as a functionality on the onGRID platform.
(3) The User shall also be prohibited from any action that is likely to impair the smooth operation of the onGRID platform, in particular, but not limited to place an excessive data load on the systems of the onGRID platform.
(4) Should a User become aware of an illegal, abusive, non-contractual or otherwise unauthorized use of the onGRID platform, please contact email@example.com. The Operator will then examine the matter and, if necessary, initiate appropriate steps.
(5) If there is a suspicion of illegal or punishable actions, the Operator is entitled and, if necessary, also obliged to check the activities of the User and, if necessary, to take appropriate steps. This includes terminating the User’s access to onGRID and potentially forwarding a case to the respective sports association or the public prosecutor\‘s office.
11. Blocking of accesses
(2) In the case of temporary blocking, the Operator blocks the access authorization and informs the User of this by e-mail.
(3) The Operator reactivates the access authorization after the blocking period has expired and notifies the User of this by e-mail.
(4) If onGRID terminates a User’s access this results in a permanently blocked access, which cannot be restored. Permanently blocked persons are permanently excluded from using the onGRID platform and are not allowed to register again on the onGRID platform.
(1) The Operator, its legal representatives or vicarious agents shall have unlimited liability according to the statutory provisions of the Federal Republic of Germany for damages resulting from injury to life, body, or health, in the case of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), according to the Product Liability Act (Produkthaftungsgesetz) as well as in the case of an assumption of guarantees.
(2) In the case of slight negligence (leichte Fahrlässigkeit), the Operator is only liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper execution of the agreement and on the observance of which the User may regularly rely (cardinal obligation or Kardinalpflichten). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the agreement, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of the Operator\‘s legal representatives and vicarious agents.
(3) The User alone shall be responsible for the content he may posts on the onGRID platform. The Operator shall not be obliged to check the content published by the User, especially, but not limited to, race data and race results. If Users notice incorrect content on the onGRID platform, they can inform the Operator at data@myongrid,com. The Operator will then forward the information to the User who published the incorrect content (e.g., Race Organizer) for checking and, if necessary, correction. In addition to that the Operator reserves the right to correct or delete incorrect content.
(4) The User indemnifies the Operator and its employees or agents in the event of claims being made on the basis of an alleged or actual infringement and/or violation of third-party rights from all claims by third parties arising from actions of the User in connection with the use of the platform for which the User is responsible. In addition, the User undertakes to reimburse the Operator for all costs incurred by the Operator as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defense.
(1) An underage User, e.g., a racer driver, can only create his or her own account if he or she specifies a person with parental authority as Legal Guardian. Minors are natural persons who have not yet reached the age of 18.
(2) The Legal Guardian must also create an account for this purpose and carry out the identification process in accordance with Section 3 carry out the identification process.
(3) All statements made through this account are deemed to have been made by the Legal Guardian.
(4) The same process is required if a race requires a higher minimum age (for example, because of a higher age of majority in another state).
14. Data protection
The user shall find all information on the processing of personal data in the Operator\‘s data protection declaration. This is available at https://www.myongrid.com/legal/privacy
15. Duration and termination of the agreement
(1) The agreement runs for an indefinite period of time and can be terminated by either party at any time without notice to the end of the month, without any reason being required.
(2) The termination can be made in writing in text form or via the onGRID platform using the termination button.
(3) In the event of termination, the user shall no longer have access to his profile and uploaded content. onGRID shall provide the user with his data stored on the platform in a structured, common, and machine-readable format (e.g., XML) for secure download during the first 3 months following the end of the agreement.
(3) With regard to amendments pertaining to material terms, the user needs to provide consent, otherwise the agreement is not amended. The User agrees to the change of use using the 2-factor authentication via onGRID.
17. Final provisions
(1) The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with this agreement is the registered office of onGRID, provided that the User is an entrepreneur within the meaning of Section 14 German Civil Code (BGB)
(2) This agreement and all disputes arising out of or in connection with this agreement shall be governed by German law, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) onGRID and Race Organizer as Users which are legal entities hereby expressly and irrevocably
submit to the exclusive jurisdiction of the courts according to paragraph (1) for the purposes of any such action or proceeding and
waive to the fullest extent permitted by law, any defense of inconvenient forum to the venue and maintenance of such action in any of the courts according to paragraph (1).