The website "www.nxtcourt.com" is a service of NXTCourt AG] (hereinafter referred to as "Operator" or “NXTC”), registered in Switzerland under UID number: CHE-424.154.920. By visiting the website "www.nxtcourt.com" (incl. sub-domains), users (unregistered website visitors) and members (registered users) agree to the following General Terms and Conditions and all their supplements including, Privacy Policy Platform, and Confidentiality Statement), collectively referred to hereinafter as "GTC".
The GTC regulate the terms of participation and use of the platform, the services offered on the website "www.nxtcourt.com" (incl. sub-domains), and the resulting legal relationships and the rights and duties of the users and members. The Operator is entitled to change and supplement the GTC at any time without giving reasons and to publish the current version on the platform. Members will be notified of the changed and/or supplemented version at the next login and must accept it. If a member does not agree with the changes or additions to the GTC they can terminate the GTC according to section 4.3.
The operators operates the NXTCourt platform and offers its registered users ("members “) various monetization services related to one’s tennis skills and brand. In general, monetization takes place when members find other members interested and suitable to support them by contributing, participating or purchasing.
The Operator limits itself to facilitating the professional preparation and presentation of monetization efforts through the platform. For the purpose, the operator provides a full range of services to support monetization efforts of members, as instructed and requested by individual platform members.
The Operator does not provide financing, grants loans nor issues bond obligations. It is not a party to the contracts concluded via the platform.
The Operator does not make any solutions recommendation nor makes decision on behalf of any members seeking monetization.
The Operator does not provide payment services. Payments services are provided by a third party (Stripe)
The Operator charges fees for services provided and for payment processing related to monetization to members. The current fee schedule is available on the website.
"NXTCourt AG" operates the website nxtcourt.com, which provides various services to tennis community.
The Operator verifies standards of the monetization campaigns and reserve its right to reject any submission.
All payments between platform members occur directly and not through the Operator. The operator account with the Payment provider may hold the funds for up to 60 days, before these are paid to receiving member
The Operator is not a party to any sales or purchase executed or entered to via the platform, and is not responsible for finalizing the same, the fulfillment of the contractual obligations.
Decision to register with the platform, use the platform and use its services is solely the responsibility of platform members.
Using the platform requires a complete registration as a member. For this, potential members must submit a registration application and recognize the validity of the NXTCourt GTC.
The use of the platform is exclusively open to fully capable natural or legal persons.
At registration, the user provides an email address that must be validated by the user. During registration, the user defines the role of the member (players, supporters, brands), provides information about the member's organization and their personal details (name, first name, function, mobile phone number), and selects a username and a secure password.
Registration requests undergo an identification and authorization process to ensure that the natural persons acting on behalf of the member (as per the registration request) are identified and authorized by the member to make financing requests or decide on credit grants, bond obligation issuances, and investments.
The Operator checks the completeness of registration requests and reserves the right to verify the accuracy of the information provided in the application. It is authorized to obtain information from third parties for this purpose.
There is no entitlement to membership. The Operator may reject registration requests without stating reasons. Incomplete and incorrect registration requests will be rejected.
Each member gains access to the password-protected and confidential membership area of the platform. Each member maintains a personal profile, which is not transferable.
The rights of use arising from membership must not be made accessible to third parties. Members are fully liable for all activities carried out by such third parties using their user account. Passwords must be kept secure by the members.
The personal details and information provided by the member must be complete and truthful and must be updated promptly and without being asked in the event of later changes.
Members are obligated to inform the Operator immediately if there are indications that their access data has been misused by third parties.
Membership commences with successful registration (including identification and authorization) with the Operator.
Incomplete registrations will be deleted by the Operator after a reasonable period of time.
Membership can be terminated at any time by email to the Operator. The termination becomes effective as long as: • the member has neither an open financing request nor a binding financing offer or a binding subscription offer; or • the member has no outstanding payments towards the Operator.
The Operator confirms the termination by email and locks the profile and the user account of the respective member.
The Operator is entitled to warn members, restrict or block functions and/or uses at the expense of members, and temporarily or permanently exclude members from the platform without stating reasons. This applies especially in cases of suspected misuse, violations of laws, and/or breaches of contractual provisions, including these GTC. For the same reasons, the Operator may interrupt or cancel ongoing financing processes.
Outstanding debts and liabilities towards the Operator and/or another member remain in effect and due even after a member's exclusion.
The monetization effort providers are solely responsible for deciding to seek monetization via the platform, for the monetization format chosen and its final parameters including conditions, funding target or price set, maturity and duration.
The monetization effort providers confirm upon submission of the monetization effort to be of legal age. If they have not reached the legal minimum age of 18, they must present written consent from their legal representative. Without appropriate authorization, the monetization effort will not be released by "NXTCourt AG".
Upon request, the monetization effort providers identify themselves to "NXTCourt AG" by presenting an official identification document. They are obliged at all times to use the financial support earmarked for the monetization efforts displayed on the platform.
The providers regularly inform the supporters about the status of the project's realization. They are obligated at all times to disclose the status of the project and the use of funds.
The monetization effort providers are responsible for the content of the registration (images, texts, information). They assure that they are entitled to the content they provide and do not violate the rights of third parties (especially copyright, trademark rights, etc.).
The monetization effort providers grant "NXTCourt AG" the right to publish and disseminate the monetization effort information (texts, images, videos) as well as their name and surname, provided that this dissemination serves the promotion of the monetization effort by the monetization effort providers.
The use of the platform by project providers is only possible with registration. They undertake to provide all information completely and accurately. All projects are only published online after a quality check by the operator.
The monetization effort providers are solely responsible for their content, implementation, and any potential rewards. Copyright and usage rights remain with the project providers.
The providers are responsible for delivering any promised financial or nonfinancial benefits, services or goods (as mentioned in the monetization effort terms on the platform) to supporters of the monetization effort
The operator does not guarantee successful financing or realization of the efforts. The operator reserves the right to review, request changes, reject and stop any monetization effort on the platform.
The operator limits minimum contributions to any monetization efforts and may set minimums and maximums or the proposed monetization effort on the platform.
The operator limits any monetization effort in on the platform up 60 days duration from the publication of the project on the platform. The operator reserves the right to extend the promotion up to 20 days.
The monetization effort providers authorize the operator to collect the pledged contributions.
If the monetization effort providers reach the targeted amount or price (successful financing) within the promotion period or if the collected amount exceeds the project budget, the operator will pay out total amount received net of platform fees to the monetization effort providers. The fees will be used for general administrative efforts, transaction, and processing costs and will remain with the operator. Payments will be transferred to the project providers after the end of the promotion period and upon receipt thereof. The payment process will be concluded with a final settlement no later than 60 days after the end of the project period.
The operator uses payment services of the third-party service provider (Stripe) and is dependent on policies of the service provider for any payouts and transfers and foreign exchange transactions related to contributions and payouts.
To receive payouts, providers have to provide a valid bank account.
Payouts are executed in currency of the monetization effort on the platform.
The disbursed amount may exceptionally be smaller than the amount displayed on the website:
If the committed contributions are not paid after the first reminder by the operator, the efforts to collect are responsibility of monetization effort providers.
Depending on the terms if the monetization effort, if the set targets is not reached within the specified period, all obligations between the supporters and the project providers are waived.
"NXTCourt AG" merely acts as an intermediary between project providers and supporters and handles the collection of funds for the project providers
The operator and its partners are not party to any contractual relationship with the monetization efforts providers and the supporters.
Supporters are making decision to support any effort on the platform voluntarily.
Committed funds cannot be reclaimed from "NXTCourt AG". Any claims for reimbursement of funds or withdrawal of promises of donation are solely directed against the monetization effort provider (and not against the Operator)
Supporters of the monetization efforts not have any decision-making authority regarding the projects through their financial contributions.
The operator does not provide any reports or tax related documents.
To support a project, the email address must be provided to the operator in any case.
Supporter registrations are binding in any case and cannot be withdrawn.
Supporters are free to remain anonymous towards the providers. If the identity is disclosed, the amount of the deposited contribution, name, and first name of the supporter will appear on the platform.
Upon request from the operator", supporters identify themselves in accordance with the applicable regulations for the prevention of money laundering.
The monetization effort describes the support conditions including currency, duration of the effort, minimum amounts that can be contributed, target amount or price.
The contribution is made via payments via the platform, with payment charged immediately.
In some (clearly described) cases, supporters are committing to make the payment in the future depending on the project success. Supporters undertake to pay the committed amount within 20 days when the project is successful, and they are informed by the operator. If the project budget is not reached within the specified period, all obligations between the supporters and the project providers are void. In this case, there are no financial costs and/or fees for the supporter.
Upon successful support payment, a provider received a confirmation email of the paid in contribution.
In exceptional cases, where both provider and supporter agree on refund; the operator processes the refunds. These are reduced by payment processing fees and may take up to 60 days to process.
Claims between project providers and supporters are to be settled between them.
The monetization effort providers assure, upon submission of the project, to be of legal age. If they have not reached the legal minimum age of 18 years, they must present written consent from their legal representative. Without appropriate authorization, the project will not be approved and published on the platform by the operator
Upon request, the project providers identify themselves to the operator " by presenting an official identification document. They are obligated at all times to use the financial support specifically for the projects presented on the platform.
The project providers are responsible for the content of the registration (images, texts, information). They assure that they are authorized to provide the content and do not violate any rights of third parties (especially copyright, trademark rights, etc.).
The project providers grant the operator the right to publish and disseminate the project information (texts, images, videos), as well as the name and surname, provided that this dissemination serves the promotion of the project by the project providers.
The project providers are obliged to treat the contact and address data of the supporters handed over by the operator confidentially. They may only be made accessible to third parties with the express consent of the supporters.
The supporters shall not use the fact of having contributed to any effort to impact sport performance of the provider
Furthermore, the project providers and supporter undertake not to misuse the services of operator in any form and in particular:
Any violation will result in the project providers being required to fully reimburse the supporters and partners and cover any transaction costs incurred. Ongoing projects may be deactivated by the operator without stating reasons if there is suspicion of unlawful content or technical defects.
Members are obligated to comply with applicable laws in connection with the use of the platform and the financing process.
Members are aware that credit transactions can be associated with risks. Members act on their own responsibility and are obligated to inform themselves diligently about the viability of the associated risks.
Transfer of Rights and Obligations to Third Parties
The operator reserves the right to have third parties exercise the rights and obligations under these GTC and the relationships with the members in whole or in part or to assign them to third parties.
In particular, the operator is entitled to assign all claims and rights against members from the use of the platform in whole or in part to third parties or to engage third parties to assert and collect them.
Any liability of the operator is excluded to the extent legally permissible, particularly for:
Communication between the operator and the members is generally conducted electronically. Members expressly authorize the operator to use the email address provided by the members for all correspondence. This authorization particularly applies to legally significant communication and notifications.
Additionally, the operator and the members remain entitled to communicate by post.
Users, members, and the operator are obligated to comply with applicable data protection laws. By accepting these GTC users and members expressly agree to the operator's privacy policy.
Data protection and data security are a priority for the operator, and it always takes appropriate contractual, technical, and organizational measures to comply with them. All data, including personal data, is stored exclusively in Switzerland or EU. To provide contractual services, it may be necessary to disclose data to third parties in Switzerland and abroad. Users and members agree to this.
In addition to these GTC other regulations ("Regulations") in their respective current versions as published on the ww.nxtcourt.com website apply to the contractual relationship between the members and the operator. By submitting a financing request, a financing offer, or a subscription offer on the platform, members accept the respective current versions of the Regulations. If a member disagrees with changes or additions to the Regulations, they can terminate the GTC according to section 4.3.
Should individual provisions of the GTC be or become invalid or unenforceable, they shall be replaced with a provision that reflects the parties' intention. The remaining provisions remain unaffected.
These GTC are exclusively subject to Swiss law.
All disputes arising from or in connection with these GTC shall be decided by the ordinary courts at the operator's registered office.
