ONEFOOTBALL HEAD CUSTOMIZER
TERMS & CONDITIONS
§ 1 Service Provider and Contact Details
1.1 The Head Customizer is operated by OneFootball Capital GmbH, a limited liability company incorporated under the laws of the Federal Republic of Germany, with its registered office at Donaustraße 44, 12043 Berlin, Germany (the “Company”, “we”, “us”, “our”).
1.2 The Company is registered in the Commercial Register (Handelsregister) of the Local Court (Amtsgericht) of Charlottenburg, Berlin, under registration number HRB 131613 B.
1.3 For legal notices and formal correspondence under these Terms, and for general user-support enquiries relating to the Head Customizer, the Company may be contacted at:
Email: info@onefootball.com.
Postal address: OneFootball Capital GmbH, Donaustraße 44, 12043 Berlin, Germany.
§ 2 Scope, Subject Matter and Acceptance
2.1 These Terms and Conditions (“Terms”) govern the contractual relationship between the Company and users (“you”, “User”) regarding access to and use of the OneFootball Head Customizer avatar-creation and digital-collectible minting tool, made available via a dedicated web subdomain (heads.onefootball.com) and/or embedded within the OneFootball mobile application and website (together, the “Platform” or the “Service”).
2.2 The Head Customizer is a mobile-first, responsive, web-based utility through which Users step through a sequential process to design, personalise, and mint a unique digital avatar (a “OneFootball Head” or “Head”) as a non-fungible token (“NFT”) on the Base layer-2 blockchain. The Head Customizer is structured as an interactive creative and collectible tool, not a game: the composition of a User’s Head is determined entirely by that User’s own deliberate selections, not by chance (see further § 9).
2.3 Use of the Head Customizer requires a valid, registered OneFootball Account in good standing (see § 4) in addition to a connected Wallet (see § 5). These Terms apply in addition to the general terms of use governing your OneFootball Account and the OneFootball App and/or website. In the event of a conflict, these Terms govern with respect to the Head Customizer. Feature-specific additional terms (for example, for the FanPass integration described in § 13) will be presented for separate acceptance and prevail over these Terms for that feature to the extent of any conflict.
2.4 By accessing the Head Customizer, connecting a Wallet, or initiating any customisation or minting step, you enter into a binding agreement with the Company on the basis of these Terms. If you do not agree, you must not use the Head Customizer.
2.5 The Company directs the Head Customizer to adults aged 18 and over. If you are under 18, you are not permitted to use the Head Customizer.
§ 3 Definitions
In these Terms, the following terms have the following meanings:
“Accessory” and “Trait” mean the individual configurable elements (including base characters, national-team-style Traits, and accessories) made available by the Company within the Head Customizer asset library, from which a User composes a Head.
“Blockchain” means the distributed ledger infrastructure identified by the Company for the Service, namely the Base network (or any successor or additional network designated by the Company).
“Head” or “OneFootball Head” means a non-fungible token minted by an eligible User through the Head Customizer, which references and links to Underlying Artwork but is distinct from it and does not transfer ownership of, or any intellectual property rights in, the Underlying Artwork or any person’s likeness, name, or other personal rights.
“OneFootball Account” means a User’s existing, registered account with the Company for the OneFootball App and/or website, which is a prerequisite for accessing the Head Customizer.
“Service” and/or “Plattform” means the Head Customizer and any related websites, application surfaces, and features operated by the Company that link to these Terms.
“Rarity Tier” means the classification (Common, Rare, Epic, Legendary, or such other tiers as the Company may introduce) assigned to a Trait or Accessory, which may be subject to fixed supply caps and time-boxed availability windows.
“Smart Contract” means software code deployed to the Blockchain that governs certain automated actions relating to Heads, including minting and transfer.
“Underlying Artwork” means the composed visual image resulting from a User’s selection of a base character, Traits, and Accessories, to which a Head is linked or which it represents.
“Wallet” means a software application or hardware device, external to the Platform and not operated by the Company, that stores the cryptographic keys required to access, hold, and transact Heads on the Blockchain, whether connected directly or via an embedded wallet solution as described in § 17.2.
§ 4 Eligibility and Access Requirements
4.1 You may use the Head Customizer only if you: (a) hold a valid, registered OneFootball Account in good standing; (b) are at least 18 years of age; (c) have the legal capacity to enter into a binding contract in your jurisdiction; (d) are not located in a jurisdiction where the Head Customizer, Heads, or any blockchain feature of the Service is prohibited by applicable law; and (e) hold, and are able to connect, a compatible Wallet supporting the Blockchain (see § 17.2).
4.2 Access to the Head Customizer is gated by your OneFootball Account. You must be logged into a valid OneFootball Account before you can connect a Wallet and use the Service. Your OneFootball Account itself remains subject to the general terms of use and account-security provisions governing the OneFootball App and website.
4.3 By accepting these Terms, you represent and warrant that you meet all eligibility requirements in § 4.1. See § 16 for the age self-certification mechanism. The Company reserves the right to request additional proof of age or identity where it has reasonable grounds to doubt your self-certification. If you cannot provide satisfactory proof, the Company may restrict or terminate your access.
4.4 Availability of specific features, including the ability to mint a Head, may vary by jurisdiction due to applicable law. You are responsible for determining whether your use of the Head Customizer complies with local law; the Company will not knowingly enable access to features that are clearly prohibited in your jurisdiction of residence.
§ 5 Wallet Connection and Session Security
5.1 In addition to your OneFootball Account, use of the core features of the Head Customizer requires you to connect a Wallet.
5.2 You are solely responsible for setting up and securing your Wallet and for safeguarding your private keys, seed phrase, and Wallet credentials, save to the extent your Wallet is an embedded wallet provided through Privy (see § 17.2), in which case the applicable Privy and embedded-wallet terms also apply. The Company has no access to any self-custodied Wallet and cannot recover lost or compromised credentials.
5.3 You must notify us immediately at info@onefootball.com if you become aware of any unauthorised use of your OneFootball Account or your Wallet in connection with the Service.
5.4 The Company may suspend or restrict a session or access to the Service where it reasonably believes your OneFootball Account or connected Wallet is being used fraudulently, abusively, or in breach of these Terms.
§ 6 The Head Customizer Service
6.1 The Head Customizer guides you through a sequential process: logging into your OneFootball Account; connecting a Wallet; selecting a base avatar character; configuring national-team-style Traits; layering Accessories drawn from the Company’s curated asset library; previewing the resulting Underlying Artwork; and, if you choose, minting the result as a Head.
6.2 A Head is composed exclusively from Traits and Accessories made available by the Company within its curated asset library.
6.3 The Company may modify, add to, or remove features, Traits, Accessories, or the asset library at any time, in order to improve the Service, correct errors, prevent abuse, or comply with applicable law.
§ 7 Rarity, Scarcity and Minting Mechanics
7.1 Traits and Accessories are subject to programmatically enforced scarcity rules, which may include tiered Rarity Tiers (Common, Rare, Epic, Legendary), fixed supply caps, and time-boxed availability windows.
7.2 The Company may enforce restrictions preventing duplicate premium or designated “one-of-one” combinations, on a first-come, first-served basis. If a Trait, Accessory, or combination you have selected becomes unavailable before you complete the on-chain minting transaction, for example, because another User completes a conflicting mint first, or because a time-boxed availability window has closed, your minting transaction may fail, or you may be prompted to select an alternative configuration. The Company does not guarantee the availability of any specific Trait, Accessory, Rarity Tier, or combination at any given time.
7.3 Minting a Head requires you to execute a Smart Contract through your connected Wallet. Once a minting transaction has been confirmed on the Blockchain, it is generally irreversible (see further § 14).
7.4 Trait and Accessory selection is fully deterministic and User-directed: the Head you mint is exactly the configuration you selected in the tool. There is no randomised, “blind mint”, or blind-reveal element at any stage of customisation or minting. If this changes at any point in the future, a full gambling, lottery, and prize-competition law assessment must be carried out, and any necessary licences obtained, before such a feature is made available.
§ 8 Fees and Payment
8.1 Designing and previewing a Head is free of charge. The fee described below becomes due only at the point of minting.
8.2 The mint price is currently set at 0.0012 ETH (approximately USD 2 at the time of drafting), or the equivalent value in OFC token, payable in addition to the applicable Blockchain network transaction fee (gas fee).
8.3 Before you confirm a minting transaction, you will be shown the applicable mint price and an estimate of the Blockchain network transaction fee (“gas fee”), and you must actively confirm the transaction before it is submitted.
8.4 Payment for minting is processed strictly in cryptocurrency (ETH or OFC token) from your connected Wallet balance. The Service is crypto-only; no fiat payment method is offered.
8.5 Network fees, and any taxes, duties, or reporting obligations arising from minting, holding, transferring, or trading a Head, are your sole responsibility.
8.6 Save as set out in § 8.8, minting transactions are final once confirmed on the Blockchain, and no refund will be given by the Company in respect of a confirmed mint, except as required by mandatory law.
8.7 A separate creator fee applies to secondary sales of a Head on third-party marketplaces; see § 12.5.
8.8 Right of Withdrawal for Paid Minting. Where minting a Head involves payment of the mint price, the transaction constitutes a contract for the supply of digital content not provided on a physical medium within the meaning of § 356(5) BGB (implementing Art. 16(m) of Directive 2011/83/EU). Before completing any paid minting transaction, you will be presented with an explicit confirmation prompt requiring your express consent to the immediate commencement of performance and your acknowledgement that your right of withdrawal expires upon such commencement. This consent must be given by a separate, clearly labelled action specific to that transaction (for example, a dedicated checkbox or button on the mint confirmation screen), distinct from, and in addition to, your acceptance of these Terms. Your acceptance of these Terms alone does not, and cannot, exclude or waive your right of withdrawal: the right of withdrawal is a mandatory consumer protection that cannot be excluded by general agreement (§ 361 BGB) and can only be lost through the transaction-specific mechanism described in this § 8.8. Provided that mechanism is followed, your right of withdrawal expires at the moment performance commences, in practice, when the minting transaction is confirmed on the Blockchain. Each paid minting transaction requires active confirmation of this consent; without it, performance will not commence. See Annex 1 for the statutory withdrawal notice and model withdrawal form.
§ 9 Nature of the Service; Not a Game of Chance
9.1 The Company has designed the Head Customizer as a deterministic creative and customisation tool. The composition of the Underlying Artwork, and therefore of any Head minted from it, is determined entirely by the User’s own selections; it is not determined by chance (see § 7.4).
9.2 Designing and previewing a Head does not require any monetary stake, entry fee, or purchase. The mint price described in § 8.2 is charged in exchange for the recording of a deterministic, User-selected outcome on the Blockchain; of itself, this does not constitute a lottery, prize competition, or gambling activity.
§ 10 Intellectual Property Rights
10.1 All Platform content and materials, including software, source code, user-interface design, base avatar characters, Traits, Accessories, and the wider asset library, are owned by or licensed to the Company and are protected by applicable intellectual property laws, including copyright, trademark, and database rights. Nothing in these Terms transfers any such rights to you, except as expressly set out in § 12 (Licence Grant to Head Holder).
10.2 National-Team-Style Traits. The Traits described as “national football team” Traits consist of original, fictional kit-style designs created by or for the Company. They are not reproductions of, and are not licensed from, any national football association, federation (including FIFA or UEFA), club, or official kit manufacturer, and they are not intended to represent or depict the official crest, kit design, sponsor marks, or other proprietary indicia of any specific real-world national team.
10.3 Limited User Licence. The Company grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Head Customizer solely for your personal, non-commercial enjoyment and only as expressly permitted by these Terms. You may not copy, modify, distribute, publicly display, reverse engineer, lease, sublicense, or otherwise exploit the Platform or its content, except to the extent expressly permitted by mandatory law or as provided in § 12 (Heads).
10.4 User Conduct. You must not use the Head Customizer in a manner that infringes any third party’s intellectual property rights, personality rights, or other proprietary rights.
§ 11 Avatar Configuration, User Responsibilities and Moderation
11.1 A Head is composed exclusively from Traits and Accessories made available by the Company within its curated asset library (see § 6.2).
11.2 You must not use the configuration features of the Head Customizer to create, or attempt to create, a configuration that is unlawful, hateful, discriminatory, defamatory, sexually explicit, or that infringes the intellectual property, personality, or other rights of any third party, to the extent that such a configuration is technically achievable within the tool.
11.3 Pre-Mint and Post-Mint Review. Avatar imagery and metadata for each Head are stored off-chain via a Company-controlled URI. While on-chain ownership of a minted Head remains with you, the Company retains technical control over the hosted image and metadata and may, before or after minting, screen, block, modify, or replace a configuration or its hosted representation where it reasonably believes the configuration breaches § 11.2, these Terms, or a licensing or content agreement to which the Company is subject.
11.4 The Company may delist, hide, or restrict the display of a Head within Company-controlled surfaces of the Platform (including any use as a profile picture under § 13) where it reasonably believes the Head breaches § 11.2, these Terms, or a licensing agreement to which the Company is subject, without affecting your on-chain ownership of the underlying token.
11.5 You are responsible for all configuration and minting activity carried out through your OneFootball Account and connected Wallet.
§ 12 OneFootball Heads (NFTs) - Nature, Licence and Prohibited Uses
12.1 Nature of a Head. Each Head is a blockchain-recorded token linked to the Underlying Artwork generated from your Trait and Accessory selections. Owning a Head means you own the blockchain token; it does not mean you own the Underlying Artwork or any intellectual property rights in it. The Underlying Artwork is owned by, and remains the intellectual property of, the Company (or its licensors).
12.2 Not a Financial Instrument. A Head is created for collectible and fan-engagement purposes only. It is not intended as, and must not be treated as, a financial instrument, investment product, or security. A Head may have no monetary value; any secondary-market value is determined entirely by third-party market forces beyond the Company’s control (see § 12.5).
12.3 Licence Grant to Head Holder. Subject to your continued compliance with these Terms, and for as long as you hold the relevant Head in your Wallet, the Company grants you a limited, personal, revocable, non-exclusive, worldwide licence to: (a) display the Underlying Artwork linked to your Head for personal, non-commercial purposes (for example, on personal social media profiles, in personal digital galleries, or, once the integration described in § 13 is live, as a profile picture within OneFootball surfaces); and (b) sell or transfer the Head itself on third-party secondary marketplaces and platforms that support the relevant token standard, subject to § 12.5.
12.4 Prohibited Uses. You may not, in connection with any Head or its Underlying Artwork: use the Underlying Artwork for any commercial purpose (including advertising, merchandise, or promotional material) separately from the Head itself; modify, adapt, or create derivative works of the Underlying Artwork; use a Head in a manner that suggests endorsement, sponsorship, or affiliation between you and any named player, national team, federation, or the Company; use a Head in connection with hateful, discriminatory, defamatory, sexually explicit, or otherwise unlawful content; or attempt to register any trademark, copyright, or other intellectual property right in the Underlying Artwork. Nothing in this § 12.4 prevents you from selling or transferring a Head itself in accordance with § 12.5.
12.5 Secondary Trading. Heads are minted as standard, transferable tokens (ERC-721) and may be bought, sold, and transferred by Users on third-party secondary marketplaces and platforms that support the relevant token standard. The Company does not operate, control, or vet any such third-party marketplace, and trading a Head on any such marketplace is entered into entirely at your own risk, subject to that marketplace’s own terms of service, fees, and policies, which the Company does not control and for which it accepts no responsibility. Each secondary sale of a Head may be subject to a creator fee of 5% of the sale price, payable to the Company where the relevant marketplace supports and enforces on-chain royalty payments. Notwithstanding the transferability of a Head, the Company retains the right under § 11.4 and § 13.3 to restrict, hide, or delist a Head from Company-controlled surfaces of the Platform (including its use as a profile picture) where the Head, or a User's dealing in it, breaches § 11.2, these Terms, or a licensing agreement to which the Company is subject; this right does not affect, and cannot reverse, the on-chain ownership or transfer of the Head itself.
12.6 Because Heads are transferable in accordance with § 12.5, the licence in § 12.3 passes automatically to each subsequent legitimate holder of a Head, on the same terms, upon a valid transfer. The licence terminates automatically upon termination of the relevant holder’s access to the Service for breach of these Terms.
12.7 The Company does not operate, control, or guarantee the availability of any secondary marketplace for Heads and is not a party to any transaction between a User and a third party on such a marketplace. Secondary market availability, security, price, and liquidity are not guaranteed by the Company.
§ 13 FanPass / Profile Picture Portability
13.1 In a subsequent integration phase (“Phase 2”), expected to follow the initial Head Customizer launch (“Phase 1”) after a joint collaboration and integration period of approximately two weeks, Users will be able to link a minted Head to their OneFootball Account / FanPass in order to use it as a profile picture (PFP) across core OneFootball application surfaces.
13.2 The Phase 2 linking mechanism will work by associating a minted Head with your OneFootball Account through your connected Wallet, making eligible Heads selectable as a profile picture within the app. Separate acceptance of additional or updated FanPass terms will be required before this feature becomes available to you.
13.3 Once available, linking a Head to your OneFootball Account for use as a profile picture will require you to continue holding the relevant Head in the linked Wallet for the display to persist, and will remain subject to the Company’s right under § 11.4 to restrict display of a Head that breaches § 11.2. Unlinking your Wallet, or losing access to it, may result in reversion to a default profile picture; this will not affect your on-chain ownership of the Head itself.
§ 14 Risk Disclosure for Web3 and Blockchain Features
14.1 General Risk Warning. Using, holding, or interacting with Heads and other Web3 features of the Service involves significant risks. This section provides an overview of key risks but is not exhaustive. You should carefully consider these risks and seek independent advice before minting or otherwise participating in any Web3 feature of the Service.
14.2 Regulatory Risk. The regulatory environment for blockchain assets and NFTs is evolving rapidly across all jurisdictions. Changes in law, regulation, enforcement practice, or licensing requirements may require the Company to modify, restrict, or discontinue features, including the minting of Heads, in specific regions. You are responsible for assessing whether your use of the Service complies with applicable law in your jurisdiction.
14.3 No Guaranteed Value or Liquidity. The Company makes no guarantee regarding the monetary value, liquidity, transferability, or market demand for any Head. Secondary-market prices are determined entirely by third-party market forces on the marketplace in question and may fall to zero. The Company is not responsible for any loss in value of a Head, or for the availability, security, or conduct of any third-party marketplace on which a Head is traded (see § 12.5).
14.4 Decentralised Network; Limited Control. Heads operate on a Blockchain that is not owned or controlled by the Company. The Company does not have the technical ability to reverse, block, delete, or modify transactions or data recorded on the Blockchain. Errors, including transfers to incorrect addresses, are generally irreversible.
14.5 Irreversibility. Blockchain transactions (including minting and transfers) may be irreversible. If you make an error, the Company cannot intervene to reverse the transaction. You bear the sole risk of such errors.
14.6 Security Risks. The Head Customizer, Blockchain features, and Smart Contracts may be targeted by malicious actors. While the Company implements security measures and may commission third-party audits of Smart Contracts, no system is absolutely secure. Security incidents may result in loss of assets or loss of access.
14.7 Smart Contract Risks. Smart Contracts may contain bugs, errors, or vulnerabilities that may cause unintended outcomes, including failed transactions, locked assets, or incorrect behaviour. Smart Contract code, once deployed, may be difficult or impossible to change.
14.8 Technical Risks. The Blockchain infrastructure and Service systems rely on complex and novel technology. Downtime, congestion, incompatibilities, or other technical problems may temporarily or permanently prevent access to Web3 features.
14.9 Key / Credential Loss. If you lose access to your Wallet private keys, seed phrase, or other Wallet credentials, you may permanently lose access to any Heads held in that Wallet. The Company cannot recover lost credentials or reverse the consequences of loss of Wallet access, except where your Wallet is an embedded wallet subject to the recovery mechanisms (if any) offered by Privy.
14.10 Technology Evolution. Technological advances, including in computing power or cryptography, may affect the long-term viability of the Blockchain or token standards used. The Company does not guarantee that Heads will remain accessible or usable indefinitely.
§ 15 Privacy and Data Protection
15.1 The Company processes your personal data in accordance with the General Data Protection Regulation (GDPR, EU 2016/679) and other applicable data protection law. Processing specific to the Head Customizer is described in a dedicated Head Customizer Privacy Notice, available at [URL to be confirmed once drafted] (the “Privacy Notice”), which forms part of the contractual framework between the parties. The Company’s general OneFootball Privacy Policy, referenced within the Privacy Notice, applies on a supplementary basis to matters not specifically addressed by the Privacy Notice.
15.2 In connection with the Head Customizer specifically, the Company processes: (a) your public Wallet address, to verify asset routing, query existing Head records, and authorise on-chain minting; (b) interface interaction events, including avatar_selected, mint_started, and mint_completed, for interface optimisation and funnel monitoring, together with general analytics on page visits and session drop-offs; and (c) on-chain attribution data via Base developer analytics and on-chain Builder Codes, to track smart-contract deployment activity and technical network attribution.
15.3 The interface-event tracking and analytics described in § 15.2 are carried out under the Company’s existing analytics, cookie, and ePrivacy consent framework applied across OneFootball products.
15.4 The Company does not sell personal data to third parties. It shares personal data only as described in the Privacy Notice and the general Privacy Policy, for example with Blockchain infrastructure providers, analytics or attribution partners, or as required by law.
15.5 The Company does not knowingly collect personal data from persons under the age of 18. If you believe that a person under 18 has used the Head Customizer or connected a Wallet, please contact us at info@onefootball.com. We will promptly investigate and take appropriate action, including deletion of any associated data where required.
§ 16 Age Restrictions and Minors
16.1 The Head Customizer is restricted to Users aged 18 and over.
16.2 You will be required to confirm that you are at least 18 years old by actively ticking a checkbox or clicking a confirmation button at the point of access, before you can use the Head Customizer. This self-certification is a condition of accessing the Service. The Company reserves the right to request additional proof of age (for example, a government-issued identity document) where it has reasonable grounds to doubt the accuracy of your self-certification.
§ 17 Availability and Disclaimers
17.1 The Head Customizer is provided on an “as available” basis. The Company does not guarantee uninterrupted or error-free operation. Planned maintenance and unplanned outages may occur.
17.2 Compatibility. The Head Customizer uses Privy for wallet connection and authentication, consistent with the set-up used for the Guess the Player game. The Company supports embedded (for example, email or social) logins via Privy, as well as external Web3 wallets including Coinbase Wallet, MetaMask, Rainbow, Phantom, and Rabby Wallet, across current versions of major mobile and desktop browsers. The Company does not guarantee compatibility with wallets, browsers, or devices not listed here or otherwise supported by Privy from time to time.
17.3 The Company does not guarantee that any specific Trait, Accessory, or Rarity Tier will remain available throughout a User’s customisation session (see § 7.2).
17.4 Subject to § 18 (Limitation of Liability), the Company disclaims all warranties not expressly stated in these Terms, to the extent permitted by applicable law.
§ 18 Limitation of Liability
18.1 Unlimited Liability. Nothing in these Terms limits or excludes the Company’s liability for: death or personal injury caused by the Company’s negligence; loss or damage caused by the Company’s fraud or fraudulent misrepresentation; or any liability that cannot be limited or excluded under German law, including liability under the German Product Liability Act (Produkthaftungsgesetz) and mandatory consumer-protection provisions.
18.2 Liability for Intent and Gross Negligence. The Company is fully liable for damages caused intentionally (Vorsatz) or through gross negligence (grobe Fahrlässigkeit) by the Company, its legal representatives, or its vicarious agents.
18.3 Liability for Slight Negligence - Material Obligations. Where the Company is only slightly negligent (einfache Fahrlässigkeit) in breaching an obligation whose fulfilment is essential for the proper performance of these Terms and on whose compliance you may regularly rely (a “Kardinalpflicht” or material contractual obligation), the Company’s liability is limited to foreseeable, typical damages at the time these Terms are accepted.
18.4 No Liability for Slight Negligence - Other Obligations. The Company is not liable for slight negligence in the breach of obligations that are not material contractual obligations.
18.5 No Liability for Blockchain and Third-Party Infrastructure. The Company is not responsible for: the operation, availability, or security of the Blockchain or any third-party network; the actions or omissions of Wallet providers, including Privy; irreversible Blockchain transactions resulting from User error; or loss of Heads resulting from loss of Wallet credentials. These limitations reflect the decentralised and third-party nature of Blockchain infrastructure, not a limitation of liability for matters within the Company’s control.
18.6 No Consequential Loss. To the extent permitted by §§ 18.1–18.3 above, the Company excludes liability for indirect or consequential losses, including loss of profits, loss of data, or loss of business opportunities, arising from slight negligence.
§ 19 Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold the Company harmless against reasonable third-party claims, losses, and expenses (including reasonable legal costs) arising out of: (a) your breach of these Terms; (b) a configuration you create that breaches § 11.2; (c) your misuse of, or failure to secure, your OneFootball Account, Wallet, or credentials; or (d) your violation of applicable law in connection with your use of the Service. This indemnity is limited to third-party claims and does not extend to the Company’s own contributory fault.
§ 20 Suspension and Termination
20.1 Termination by You. You may stop using the Head Customizer at any time by disconnecting your Wallet, ceasing use of the Service, or closing your OneFootball Account through your account settings. Any Heads already minted to your Wallet remain on the Blockchain and are unaffected by your ceasing to use the Service.
20.2 Termination by the Company for Cause. The Company may suspend or terminate your access to the Service (including by suspending the Head Customizer functionality of your OneFootball Account) immediately, without advance notice, if: you commit a material or repeated breach of these Terms; your OneFootball Account or connected Wallet is used for fraudulent, abusive, or illegal activity; suspension or termination is required for security, legal, or regulatory reasons; or a court or regulatory authority orders suspension or termination.
20.3 Termination by the Company without Cause. The Company may discontinue or restrict access to the Head Customizer on reasonable grounds with at least 5 business days’ notice (by in-app notification, website notice, or email to your registered OneFootball Account address), unless a shorter notice period is required by applicable law or urgent circumstances.
20.4 Consequences of Termination. Upon termination or discontinuation of the Service: your licence to access and use the Head Customizer under § 10.4 ceases immediately; Heads already held in your Wallet remain on the Blockchain and are not affected by termination of your access to the Service; and the provisions of these Terms that by their nature survive termination (including §§ 10, 12, 14, 18, 19, and 23) continue to apply.
§ 21 Changes to the Service and These Terms
21.1 Changes to the Service. The Company may update the Head Customizer’s features, asset library, and ancillary functionality at any time to improve the Service, correct errors, prevent abuse, or comply with applicable law. Cosmetic or minor changes do not require advance notice. Changes that materially alter the core functionality of the Service or your contractual rights are governed by § 21.2.
21.2 Changes to These Terms. The Company may amend these Terms from time to time. For material amendments that affect your rights or obligations: the Company will notify you at least 10 business days before the amendment takes effect, by in-app notification, website notice, or email to your registered OneFootball Account address; the notification will clearly describe the proposed changes and their effective date; and if you continue to use the Head Customizer after the effective date without objecting, the amended Terms will be deemed accepted. You will be informed that your continued use constitutes acceptance, that you have the right to object, and that if you object you may simply stop using the Service before the effective date without penalty.
21.3 Non-material amendments (such as correction of typographical errors, clarifications, or updates to legal references) may take effect immediately upon publication with an updated ‘last updated’ date.
§ 22 Consumer Rights and Complaints
22.1 If you are a consumer under applicable law, your statutory rights are not affected by these Terms, including mandatory rights that cannot be waived or restricted by contract.
22.2 If you have a complaint about the Head Customizer or these Terms, please contact us in the first instance at info@onefootball.com. We aim to respond to complaints within 30 business days.
§ 23 Governing Law and Jurisdiction
23.1 Governing Law. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
23.2 Mandatory Consumer Protections. If you are a consumer habitually resident in an EU Member State, the choice of German law in § 23.1 does not deprive you of the protection afforded by provisions of the law of your country of habitual residence that cannot be derogated from by agreement.
23.3 Jurisdiction. The non-exclusive place of jurisdiction for disputes arising out of or in connection with these Terms is Berlin, Germany, being the Company’s registered seat. This does not affect your rights as a consumer to bring proceedings in the courts of your place of domicile, or any mandatory jurisdictional rules under applicable law.
§ 24 Final Provisions
24.1 Language. These Terms are issued in English.
24.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
24.3 Entire Agreement. These Terms, together with the Privacy Notice, the general Privacy Policy, and any feature-specific additional terms accepted by you (including any FanPass terms under § 13), constitute the entire agreement between you and the Company regarding the Head Customizer, and supersede all prior agreements, representations, and understandings on that subject.
24.4 No Waiver. A failure or delay by the Company in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy.
24.5 Assignment. You may not assign, transfer, or sub-license your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, or sale of all or substantially all of its relevant assets, provided the assignee assumes all obligations under these Terms and Users are notified in accordance with § 21.
24.6 Third-Party Rights. These Terms do not confer any rights on third parties. Rights holders whose works are used on the Platform under licence are not parties to these Terms.
Annex 1: Withdrawal Notice and Model Withdrawal Form
Part A - Statutory Withdrawal Notice
Right of Withdrawal
If you are a consumer and you have concluded a contract for a paid Head minting transaction, you have the right to withdraw from that contract within 14 days without giving reasons.
The withdrawal period is 14 days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw by means of a clear statement (for example, a letter sent by post or an email). You may use the model withdrawal form in Part B of this Annex, but its use is not mandatory. You may contact us at: OneFootball Capital GmbH, Donaustraße 44, 12043 Berlin, Germany, Email: info@onefootball.com.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw. Given the mechanism described in § 8.8, your right of withdrawal will typically have already expired by the time it could be exercised; the following applies only to the residual scenario in which a valid withdrawal nonetheless arises.
Special Notice for Digital Content Not Supplied on a Physical Medium
Your right of withdrawal expires before the end of the 14-day period if you have expressly consented, prior to commencement of performance, to the immediate execution of the contract and have acknowledged that you thereby lose your right of withdrawal upon commencement of performance.
For each paid minting transaction, you will be shown a mandatory confirmation prompt at the point of purchase requiring your active agreement to both conditions above. Once you confirm and performance commences (that is, the minting transaction is initiated), the right of withdrawal expires at that moment.
If you do not confirm the prompt, performance will not commence.
Part B - Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To: OneFootball Capital GmbH, Donaustraße 44, 12043 Berlin, Germany, Email: info@onefootball.com
I hereby give notice that I withdraw from my contract for the minting of the following OneFootball Head (*):
Ordered on (*) / received on (*): __________________________
Name of consumer(s): ______________________________________
Address of consumer(s): ____________________________________
Wallet address / transaction reference (if known): ___________________
Signature of consumer(s) (only if this form is submitted on paper):
___________________________________________
Date: __________________
Notice: If your right of withdrawal has already expired because you consented to immediate commencement of performance at the point of purchase, this form cannot be used to effect a valid withdrawal. If you are unsure whether your right of withdrawal remains active, please contact us at info@onefootball.com before submitting this form.
(*) Delete as applicable.