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General Terms and Conditions for Users of the Eversports Platform

(Terms of Use)

Please read these Terms of Use carefully before you start using our website or our apps, and before booking any sport provider services through our website or apps. We recommend that you print a copy of these Terms of Use for your future reference.

By using our website or our apps, you confirm that you accept these Terms of Use and that you agree to comply with them, regardless of whether or not you choose to register with us. If you do not agree to these Terms of Use, you must not use our website or our apps in any way.

Table of Contents

What's new in the updated Terms of Use

Several of the changes below are required by recent EU regulations (Digital Services Act, NIS2, Consumer Rights Directive, P2B Regulation). Others are improvements we've made for clarity and transparency. This summary is provided for your convenience and is non-binding. Only the full Terms of Use below are legally binding.

Terms of Use

Version: 18 June 2026

1. PREAMBLE

1.1 Eversport GmbH, Jakov-Lind-Strasse 13 / Door 6 / 5th Floor, 1020 Vienna, registered in the company register of the Commercial Court of Vienna under FN 404544v ("Eversports"), operates an online platform via mobile application and on its websites ("Eversports Platform").

1.2 These Terms of Use apply to users registered with the Eversports Platform ("User/s"). Without registration, the websites and the mobile application serve solely for informational purposes.

1.3 The language of these Terms of Use is English. Localised versions of these Terms of Use in other languages may be available for informational purposes, but the English version shall be the only binding and authoritative version in case of a dispute.

2. SUBJECT MATTER & SCOPE OF APPLICATION

2.1 These Terms of Use relate to legal relationships between the User and Eversports, regardless of whether the User's habitual residence is located in Austria or outside of Austria. The use of the Eversports Platform is intended exclusively for individuals who have reached the minimum age of 16 years.

2.2 Under these Terms of Use, Eversports is a digital services provider of the Eversports Platform allowing Users to search for, book and pay online for sports and leisure services and sports facilities offered by independent providers ("Operators"). In relation to a User and an Operator, Eversports provides intermediary digital services connecting the User and the Operator through the Eversports Platform.

2.3 Operators are independent business partners (a company or an individual) that have entered into a contract for use of Eversports software allowing them, among other things, to list their sports and leisure services and sports facilities available to the Users on the Eversports Platform ("Operator's Offer"). The Operator's Offer may include, but is not limited to, classes, workshops, short or long term memberships and/or bundles of attendances (such as block cards). Operators provide all services listed on the Eversports Platform and covered by the Operator's Offer to Users in their own name, for their own account, and are solely responsible for the service and its execution.

2.4 Eversports does not provide any sports and leisure services or sports facilities to Users. Eversports is not a party to the agreement between the User and the Operator.

2.5 These Terms of Use govern all current and future transactions between Eversports and the User. For any specific booking or payment, the version of the Terms of Use in effect at the moment of contract conclusion shall be decisive.

2.6 Eversports may update these Terms of Use to reflect regulatory changes, administrative or court decisions, security needs, or platform improvements. Updates that are purely beneficial to Users, such as clearer language or more transparency regarding the services and functionality available on the Eversports Platform, may be implemented immediately. For all other significant changes, Eversports shall notify Users about the upcoming changes at least 30 days in advance of the new Terms of Use coming into effect. If a User continues to use Eversports after this period, the updated Terms of Use will apply automatically. In case of disagreement with the new Terms of Use, the User has the right to terminate the contract with Eversports at any time and free of charge by deleting the User Account via the app or by email to help@eversports.com.

3. USER ACCOUNT, CONTRACT CONCLUSION, DURATION & TERMINATION

3.1 To search for, book and pay online for services listed by the Operators as part of the Operator's Offer via the Eversports Platform, the User must complete the registration process on the Eversports Platform, as a result of which a User Account shall be created.

3.2 Registration takes place via an online form where the User enters the required data (in particular, first and last name, email address). Completing and submitting the registration form constitutes an offer by the User to Eversports to conclude a contract under these Terms of Use. The contract is concluded upon activation of the User Account by Eversports via email verification ("Acceptance"). If the registration form is not completed in full (e.g., because a mandatory field is not filled in), no contract is concluded between the User and Eversports. Upon successful activation of the User Account, the User is entitled to use the Eversports Platform, subject to and in accordance with these Terms of Use.

3.3 By registering, the User confirms they are at least 16 years of age and are registering in their own name. The User Account is not transferable, except when allowed in writing by Eversports. There is no legal entitlement to a User Account. Eversports may refuse registration where (i) the User does not meet the minimum age requirement, (ii) the information provided during registration is incomplete, inaccurate, or cannot be verified, (iii) the applicant has previously had a User Account terminated by Eversports for breach of these Terms of Use, or (iv) registration would violate applicable law or a binding order from a competent authority. If registration is refused, Eversports shall notify the User stating the reasons for such refusal and providing information on the redress options available. Any personal data submitted in connection with a refused registration will be deleted.

3.4 The contract between the User and Eversports is concluded for an indefinite period. Both parties are entitled to terminate the contractual relationship at any time. The User can unilaterally terminate the contract with Eversports by deleting the User Account via the app or by email to help@eversports.com without providing reasons for termination. Eversports is entitled to unilaterally terminate the contract with the User subject to a notice period of two weeks, in particular in the event of a material or repeated breach of these Terms of Use or misuse of the Eversports Platform. A termination notice by Eversports will include a statement of reasons and information on the User's right to appeal.

3.5 Deletion of the User Account constitutes a final termination of the contractual relationship between the User and Eversports. The deletion of individual pieces of data (e.g., removing a saved payment method) does not constitute a termination of the contract with Eversports. The contractual relationship only ends upon the deletion of the User Account.

3.6 The termination of the contract between Eversports and the User does not result in the termination of any existing agreements, bookings, or memberships between the User and an Operator. Any obligations of payment or rights to attend classes arising from a separate contract between the User and an Operator remain unaffected by the deletion of the User Account on the Eversports Platform.

3.7 If the User terminates the contract, digital access to the Eversports Platform, including the ability to view and manage existing bookings or other Operator services through the app or website, will be lost. It is the User's responsibility to save or document any necessary information (such as booking confirmations or entry codes) before deleting their User Account. If Eversports terminates the contract, Eversports will endeavor to ensure that the services purchased by the User through the Eversports Platform remain accessible directly with the respective Operator.

4. USER OBLIGATIONS

4.1 The User is obligated to provide truthful, complete and up-to-date information during registration and in relation to any Operator's Offers. The User must keep their login credentials confidential and protect them from unauthorized access. Access to the Eversports Platform may not be transferred to third parties, whether for payment or free of charge. Should the User become aware that their login credentials were compromised or any misuse was suspected, they must inform Eversports immediately by email to help@eversports.com. The User is liable to Eversports for any damage resulting from unauthorized disclosure of login credentials for which they are at fault.

4.2 The Eversports Platform is not intended for the storage or sharing of sensitive personal information. Users are prohibited from posting or uploading sensitive data about themselves to public areas of the platform, such as in reviews or public profiles. Sensitive data is defined by "special categories of data" under the EU General Data Protection Regulation (GDPR) as information revealing health status (e.g., specific medical diagnoses), racial or ethnic origin, religious or philosophical beliefs, political opinions or trade union memberships. Eversports assumes no liability for any damages, privacy breaches or third party actions resulting from the User's disclosure of such data. Eversports reserves the right to remove such sensitive data where proportionate and necessary as a protective measure; however, this does not create an ongoing obligation for Eversports to monitor User's disclosures of their sensitive information.

4.3 The User is solely responsible for ensuring they have all necessary rights to the content they upload (e.g., copyrights for photos). The User shall indemnify and hold Eversports harmless from any third-party claims arising from the User's breach of these obligations.

4.4 User reviews and recommendations must be based on the User's own genuine experience. Any factual statements contained in a review must be truthful and not misleading. Fake or paid reviews (including reviews provided in exchange for compensation without clear disclosure) are not permitted. Reviews must not contain unlawful content, in particular defamatory or insulting statements, or content prohibited under these Terms of Use. Any form of advertising on the Eversports Platform by Users, whether direct or indirect, overt or covert, is prohibited. This includes publishing or making available email addresses, telephone numbers, links to third-party websites, logos, company names, product names, and content with a commercial purpose.

4.5 Users are not allowed to post personal data of other individuals (e.g. full names, private phone numbers, or photos of other people) without their explicit prior consent or another valid legal basis under the GDPR. The Eversports Platform may not be used to expose the private information of Operator's staff or other Users. Posting special categories of data of other individuals (data concerning natural persons regarding their racial or ethnic origin, political opinions, trade union membership, religious or philosophical beliefs, genetic or biometric data, health data, or data concerning a person's sex life or sexual orientation) without explicit consent of that individual is also prohibited.

4.6 No defamatory, insulting, or otherwise unlawful or objectionable messages or data (including, but not limited to, pornography, threats or glorification of violence, political or religious extremism, viruses, spyware, Trojans or other malicious software) may be posted on the Eversports Platform.

4.7 Any information posted in violation of the rules relating to content not allowed on the Eversports Platform listed above can be reported by email to help@eversports.com. Eversports will confirm the receipt of the report without undue delay. Every such report shall be reviewed by Eversports internally. If a violation of these Terms of Use is confirmed, the content will be removed, and the affected User will be notified of the removal and the reasons for it. In any event, the reporter will be notified of the decision taken and the mechanisms to appeal the decision.

4.8 In cases of repeated or severe violations, such as frequently providing manifestly illegal content or content not allowed under these Terms of Use, Eversports may block a User's access. In assessing whether conduct is repeated, severe, or manifestly illegal, Eversports takes into account in particular the number and nature of violations within a given period, the gravity of the content concerned, and the intent of the User. Before blocking access to a User Account, Eversports will issue a prior warning, unless immediate blocking is necessary. Blocking of a User Account results in a sign-out of the User from all applications and a reset of the User's login credentials, preventing further access with those details. This action does not automatically delete the User Account data. The User will be notified of the blocking decision providing a statement of reasons and information on the right to appeal.

4.9 Users have the right to appeal a removal or blocking decision, decisions on user reports relating to violations of these Terms of Use, as well as the unilateral termination of the contract by Eversports. The appeal may be submitted by emailing help@eversports.com within six months. Each appeal will be reviewed by Eversports manually by an employee not involved in the original decision. Eversports will notify the appellant of the reasoned outcome without undue delay and, where Eversports finds the appeal to be justified, will reverse the decision.

4.10 In cases of abuse, fraud, or safety concerns, Eversports may, in addition to blocking the User Account, cancel the User's outstanding event participations booked through the Platform. Eversports acts in this respect in the name and on account of an affected Operator. The User's right to appeal this decision remains unaffected. Any refund claims against the Operator are governed by the Operator's cancellation terms and applicable law.

5. EVERSPORTS PLATFORM

5.1 The registration and use of the Eversports Platform is free of charge for the User. Any services booked with an Operator (e.g., yoga classes, court rentals, memberships) are subject to the prices set by the respective Operator. These costs must be paid by the User either directly to the Operator or via the payment functions provided on the Eversports Platform.

5.2 Eversports provides digital services on an "as is" and "as available" basis. While Eversports strives for continuous access, it may temporarily restrict the access to the Eversports Platform or specific functions if necessary due to capacity limitations, server security and integrity, or maintenance to ensure proper functioning.

5.3 Eversports regularly updates the Platform to enhance the User experience and maintain security, which may include adding, modifying, or removing features. Eversports will provide reasonable notice if a change significantly restricts the User's access or use of the Eversports Platform. If the User does not agree to an update, the User may terminate the contract with Eversports at any time by deleting the User Account.

5.4 When a User searches for sports and leisure activities or Operator's Offers on the Eversports Platform, the order of the results is determined by an automated ranking system designed to present the most relevant studios to Users. Ranking may consider factors such as Operator's profile completeness, User reviews, relevance and availability of activities, offers, and proximity to the searched location. The ranking logic may be updated at any time to improve user experience. Ranking is not personalized based on individual User Account settings, and Operators cannot influence their position through advertising fees or payments.

5.5 Eversports verifies the identity of each Operator before they are listed on the Eversports Platform. If the User identifies a listing that is incorrect or illegal, such listing can be reported to help@eversports.com. Reports are reviewed internally, and any content found to violate these Terms of Use or the law will be removed.

6. PURCHASING OF OPERATOR SERVICES BY USERS

6.1 Eversports provides intermediary services connecting the User and the Operator through the Eversports Platform. When a User purchases an Operator's Offer through the Eversports Platform, the service contract is formed exclusively and directly between the User and the respective Operator, subject to the Operator's terms and conditions. Eversports is not a party to this contract. Eversports' intermediary service is fully rendered upon the successful completion of a purchase of an Operator's Offer by a User.

6.2 Prices in relation to Operator's Offers listed on the Eversports Platform are final prices and include statutory VAT. These prices are set independently by the Operator. Eversports does not influence the pricing and acts as an intermediary by displaying the prices provided by the Operator; and therefore assumes no liability for the accuracy or completeness of the pricing information provided by the Operator.

6.3 Users may create a booking request via the Eversports Platform or purchase other services offered by the Operators. Eversports transmits the booking confirmation or confirmation of purchase of Operator services in the name and on account of the Operator. The User's booking or purchase becomes legally binding for both, User and Operator, upon receipt by a User of a corresponding confirmation from Eversports transmitted in the name and on account of the Operator.

6.4 The payment by the User for a purchased service must be made directly to the Operator or via the Eversports Platform using provided payment methods, subject to applicable rates. If the Operator becomes insolvent before the User has used the Operator services already paid for through Eversports, the User will receive a refund from Eversports if Eversports has not yet forwarded the payment to the Operator.

6.5 Operator services purchased by the User are generally personalized and non-transferable. Any transfer of a purchased service by a User to another User requires the explicit prior approval of the Operator. Eversports provides the technical interface to facilitate such requests, but the decision rests solely with the Operator.

6.6 From time to time, Operators may provide their services free of charge. To prevent the misuse of such free services, as well as to avoid burdening the Operators with erroneous bookings, Eversports voluntarily reserves the right to cancel a reservation in individual cases if Eversports or the Operator is unable to contact the User at the contact details provided by the User.

7. RIGHT TO WITHDRAW FROM, CANCELLATION OF OPERATOR SERVICES

7.1 The substantive terms of contract, including terms of withdrawal, cancellation notice periods, termination rights, as well as substantive review of any withdrawal or cancellation requests in relation to the Operator services purchased by the User via the Eversports Platform are regulated by the contract concluded between the User and the Operator and applicable law.

7.2 For Operator services purchased via the Eversports Platform and where the User qualifies as a consumer, the User is entitled to a statutory right of withdrawal within 14 days from the conclusion of the contract with the Operator, in accordance with applicable law implementing Directive 2011/83/EU. The right of withdrawal does not apply to contracts for leisure activities tied to a specific date or performance period. Whether the exception applies depends on the nature of the Operator service purchased; Eversports will notify the User where a right of withdrawal may apply by referring to the statutory withdrawal information before the contract with the Operator is concluded. Eversports provides a technical function enabling the User to communicate a withdrawal notice to the Operator electronically through the Eversports Platform during the 14-day withdrawal period following the purchase of the Operator service by the User. Once the statutory 14-day withdrawal period has expired, or in cases where no right of withdrawal exists, the purchase of Operator services is final. Eversports also makes the model withdrawal notice available to Users (see after the end of the text of these Terms of Use below).

7.3 For Operator services purchased via the Eversports Platform by the User that give rise to a continuing obligation, Eversports provides Users with a technical cancellation function to facilitate the termination of the contract with the Operator by allowing them to submit the termination notice to the Operator by electronic declaration through the Eversports Platform. The applicable notice periods and terms of the respective Operators remain unaffected.

7.4 Use of the technical withdrawal or cancellation functions by the User results in an automated electronic confirmation of receipt of the withdrawal or cancellation request by the Eversports Platform in the name and on account of the Operator, confirming the date and content of such request. This confirmation serves as evidence of the date of the withdrawal or cancellation request; the substantive review of the withdrawal from or cancellation of the respective contract remains the sole responsibility of the Operator. The legal consequences of a valid withdrawal or cancellation, including any reimbursement of payments, are determined by the contract between the User and the Operator and by applicable law.

8. LIABILITY

8.1 Eversports provides the Eversports Platform as an intermediary technically connecting the User and the Operator. Therefore, all claims and obligations arising from the Operator's service purchased by the User, including performance, quality, safety, or conduct of the sports and leisure activity or a venue, exist directly and exclusively between the User and the Operator.

8.2 Eversports is liable for damages only if such damages were caused by intentional or grossly negligent conduct by Eversports or its vicarious agents or legal representatives. Slight negligence is excluded, except in cases of personal injury. These limitations do not affect claims under the Austrian Product Liability Act (PHG).

9. FINAL PROVISIONS

9.1 Austrian law shall apply exclusively, excluding conflict of laws rules and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). However, this choice of law does not affect the User's rights as a consumer under the consumer protection provisions of the country in which the User has their habitual residence within the meaning of Article 6(1) of Regulation (EC) No 593/2008.

9.2 Users may bring claims against Eversports before a court in Austria or before a competent court of their habitual residence. If Eversports wishes to enforce rights against a User, Eversports may only do so before the competent courts of the User's habitual residence.

9.3 Eversports is neither committing nor legally obliged to participate in dispute resolution proceedings before a consumer arbitration board to settle disputes with consumers. However, Users affected by a decision to remove content or restrict a User Account have the right to access an out-of-court dispute settlement body certified under the Digital Services Act (e.g., Rundfunk und Telekom Regulierungs-GmbH or RTR in Austria). Eversports is required by law to engage with such certified bodies in good faith to resolve moderation-specific disputes. This right does not affect the User's right to initiate legal proceedings before a competent court.

10. CONFIRMATION

The User declares that they had the opportunity to fully understand the content of these Terms of Use before concluding the contract with Eversports, had the opportunity to save them permanently, and that they agree to the content of these Terms of Use.

Model Withdrawal Notice

To

I hereby withdraw from the contract concluded by me for the purchase of the following good: