TERMS OF SERVICE 

Guess the Player

§ 1 Service Provider and Contact Details

1.1  The Game and Platform are 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, the Company may be contacted as follows:

  • Email: legal@onefootball.com

  • Postal address: OneFootball Capital GmbH, Donaustraße 44, 12043 Berlin, Germany

1.5  For general user support enquiries, the Company may be contacted at:

  • Email: info@onefootball.com

§ 2 Scope and Subject Matter

2.1  These Terms of Service ("Terms") govern the contractual relationship between OneFootball Capital GmbH ("Company", "we", "us", "our") and users ("you", "User") regarding access to and use of the "Guess the Player" game ("Game") and any related websites, mobile applications, or platform features that link to these Terms (collectively, the "Platform").

2.2  The Game is a skill-based, free-to-play daily challenge in which Users identify professional football players from cartoon depictions. The Game is offered primarily as an entertainment and fan-engagement feature. Users who correctly identify the featured player may be eligible to mint a digital collectible (NFT) linked to the relevant artwork, subject to the conditions in § 10.

2.3  These Terms apply in addition to any platform-level terms for the OneFootball App and/or Website. In the event of conflict, these Terms govern with respect to the Game. Feature-specific additional terms (e.g., for paid features or special events) will be presented for separate acceptance and prevail over these Terms for that feature if there is a conflict.

2.4  By accessing the Game, creating an account, or participating in any feature of the Game, 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 Game.

2.5  The Company directs the Game to adults aged 18 and over. If you are under 18, you are not permitted to use the Game.

§ 3 Definitions

In these Terms, the following terms have the following meanings:

"Blockchain" means the distributed ledger technology infrastructure (including any specific network identified by the Company, such as Base on which Digital Collectibles are recorded.

"Digital Collectible" or "NFT" means a non-fungible token, a unique, blockchain-recorded digital token, that may be minted by eligible Users in connection with the Game. A Digital Collectible references and links to Underlying Content but is distinct from the Underlying Content itself and does not transfer ownership of, or any intellectual property rights in, the Underlying Content or in any person's likeness, name, or other personal rights.

"Game" means the "Guess the Player" skill-based daily challenge feature operated by the Company.

"In-Game Points" or "$PLAYER" means any fungible in-game reward points or tokens (if offered) that are awarded within the Platform ecosystem. 

"Issuer" means the entity responsible for deploying the smart contracts governing Digital Collectibles, which may be the Company or a third-party technical partner as identified at the time of minting.

"Platform" means the Game and any related websites, apps, and features operated by the Company that link to these Terms.

"Privacy Policy" means the Company's privacy policy accessible here, which forms part of the contractual framework between the parties.

"Smart Contract" means software code deployed to the Blockchain that governs certain automated actions relating to Digital Collectibles, including minting and transfer.

"Underlying Content" means the artwork, image, or other digital media to which a Digital Collectible is linked or which it represents.

"Wallet" means a software application or hardware device that stores the cryptographic keys required to access, hold, and transact Digital Collectibles on the Blockchain.

§ 4 Eligibility 

4.1  You may use the Game only if you:

  • are at least 18 years of age; 

  • have the legal capacity to enter into a binding contract in your jurisdiction; 

  • are not located in a jurisdiction where the Game, Digital Collectibles, or any Blockchain features are prohibited by applicable law; and

  • have a valid registered account on the OneFootball Platform (or as otherwise required for login).

4.2  By accepting these Terms, you represent and warrant that you meet all eligibility requirements. The Company reserves the right to request proof of age or identity at any time. If you cannot provide satisfactory proof, the Company may restrict or terminate your access.

4.3  The Company restricts access to the Game as described in these Terms. You acknowledge that availability of specific features, including Digital Collectibles, may vary by jurisdiction due to applicable law. You are responsible for determining whether your participation complies with local law; however, the Company will not knowingly enable access to features that are clearly prohibited in your jurisdiction of residence.

§ 5 Security and Account Safety

5.1  Certain features of the Game require a registered account. You agree to provide accurate, complete, and up-to-date information during registration and to update that information promptly if it changes.

5.2  You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at info@onefootball.com if you become aware of any unauthorised use of your account.

5.3  Unless the Company expressly permits otherwise, each person may hold only one account. Accounts may not be shared with or transferred to third parties. The Company may suspend or terminate accounts associated with account sharing, multiple account creation, or the provision of false registration information.

5.4  The Company may suspend or restrict access to an account if it reasonably believes the information provided is false, misleading, or incomplete, or if the account is being used in breach of these Terms.

§ 6 Game Mechanics

6.1  Guess the Player is a skill-based game. Each day, the Platform presents a cartoon depiction of a professional football player. You must identify the player by selecting or entering the correct letters. The Game tests and rewards factual knowledge and footballing expertise. The outcome of each round is determined entirely by your skill and knowledge; there is no element of chance.

6.2  Users who correctly identify the player may be eligible to mint a Digital Collectible linked to that day's artwork, subject to the conditions set out in § 10. Eligibility to mint is a consequence of correctly answering a skill-based question; it is not a prize awarded by chance.

6.3  The Company may offer optional features such as streaks, points, badges, leaderboards, or special event modes. Rules specific to such features will be presented before you participate.

6.4  The Company may update game mechanics, artwork, rounds, and scoring in order to improve the Platform, correct errors, prevent abuse, or comply with applicable law. Material changes that materially alter the core game experience will be communicated in advance, subject to § 16.

§ 7 Fair Play and Acceptable Use

7.1  You must participate in the Game fairly and in accordance with these Terms. The following conduct is prohibited:

  • using cheats, hacks, exploits, or any method intended to gain an unfair advantage over other Users or to circumvent the Game mechanics;

  • using bots, scripts, scrapers, crawlers, automated account creation tools, or other automated means to interact with the Platform without our prior written authorisation;

  • interfering with the Platform's security, integrity, or operations, including by introducing malware, viruses, or other harmful code;

  • using the Platform to send unsolicited communications, spam, or promotional content;

  • using the Platform in violation of applicable laws or regulations; or

  • misrepresenting your identity, age, or eligibility.

7.2  The Company may investigate suspected violations and may, in its reasonable discretion: remove or restrict content, disqualify a User from specific modes or rewards, suspend or terminate an account, or take other proportionate action. Where the Company takes action that materially affects your contractual rights, you will be informed of the reason and given the opportunity to respond, unless doing so would compromise security or an ongoing investigation.

7.3  The Company's enforcement decisions are made in good faith and in accordance with these Terms. You may challenge such decisions through the complaint and dispute resolution procedures in § 18. Nothing in this clause limits your rights under mandatory consumer protection law.

 § 8 Classification of the Game; Gambling Law Compliance

8.1  The Company has designed the Game as a skill-based activity. The identification of a football player from a cartoon depiction requires specific factual knowledge; the outcome is not determined by chance. The Game:

  • does not require any monetary stake, entry fee, or purchase as a condition of play;

  • does not constitute a lottery, sweepstake, or game of chance within the meaning of § 3 GlüStV 2021;

  • does not constitute gambling within the meaning of applicable German or EU gambling legislation.

8.2  The optional ability to mint a Digital Collectible upon correctly answering is a consequence of skill performance. It does not transform the Game into a prize promotion or regulated activity, provided no monetary stake is required and the reward cannot be immediately exchanged for cash or monetary equivalents.

8.3  If the Company introduces any feature that requires a monetary stake or where chance plays a significant role, a separate and full gambling law assessment will be conducted, and any required licences will be obtained, before that feature is made available.

8.4  Notwithstanding the foregoing, the Company makes no representation that the Game complies with the laws of jurisdictions outside Germany and the EU. Users are responsible for assessing whether their participation is lawful in their jurisdiction. 

§ 9 Intellectual Property 

9.1   Company IP. All Platform content and materials, including software, source code, design, text, graphics, artwork, and compilations, are owned by or licensed to the Company and protected by applicable intellectual property laws, including copyright (Urheberrecht), trademark law (Markenrecht), and sui generis database rights. Nothing in these Terms transfers any such rights to you.

9.2   Artwork and Cartoon Depictions. The cartoon depictions used in the Game are original artistic works (Werke der bildenden Kunst) created by or for the Company within the meaning of § 2(1) No. 4 UrhG. They are deliberately stylised, abstract, and illustrative in character; they are not photographic reproductions, realistic portraits, or close visual likenesses of any individual. All copyright in the cartoon depictions vests exclusively in the Company (or its licensors). The cartoon artworks are designed to fall below the recognisability threshold (Erkennbarkeitsschwelle) of § 22 KUG (Kunsturhebergesetz), such that they do not constitute reproductions of a person's image (Bildnis) within the meaning of that provision. To the extent any cartoon could nonetheless be considered to convey recognisable contextual characteristics of a real individual, for example through game-context clues, the Company relies on the editorial and artistic use exceptions applicable to depictions of persons of contemporary history (Personen der Zeitgeschichte) under § 23(1) No. 1 KUG and the constitutional protection of artistic freedom (Kunstfreiheit) under Art. 5(3) GG. In either case, the depiction serves the legitimate purposes of fan-engagement and public information, and does not unjustifiably harm the interests of any depicted individual within the meaning of § 23(2) KUG.

9.3  Use of Player Names and Public Information. The Game uses the names of professional football players as the answers to skill-based guessing challenges. Player names are used solely for editorial and informational purposes, to identify publicly known sporting figures in the context of a fan-engagement activity, and not for commercial endorsement, advertising, or product association. Professional footballers are persons of contemporary history (Personen der Zeitgeschichte) in the public sphere of their sporting activity. The use of their names in an editorial and informational context is permissible without individual consent and does not constitute an infringement of name rights under § 12 BGB or general personality rights (allgemeines Persönlichkeitsrecht) under § 823(1) BGB in conjunction with Art. 2(1), 1(1) GG. Player names do not appear in any manner that could reasonably be understood as an indication of personal endorsement of, or commercial affiliation with, the Platform by the named individual.

9.4  Club, League, and Other Third-Party Marks. The cartoon depictions are designed to avoid incorporating registered trademarks, official crests, licensed kit designs, or other proprietary visual elements of football clubs, leagues, or governing bodies. To the extent any third-party designation incidentally appears, it does so in an editorial and descriptive context only. All trademark and intellectual property rights of clubs, leagues, and governing bodies remain with their respective owners. Their incidental appearance on the Platform does not constitute endorsement, affiliation, or sponsorship of the Platform by those rights holders, and does not grant you any rights in those marks.

9.5  No Endorsement. Nothing on the Platform, including the appearance of a player's name or any cartoon artwork, implies that any named or depicted player, club, league, governing body, or player association endorses, sponsors, or is affiliated with the Platform or the Company.

9.6 Limited User Licence. The Company grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform 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, sell, lease, sublicense, or otherwise exploit the Platform or its content, except to the extent expressly permitted by mandatory law or as provided in § 10 (Digital Collectibles).

9.7  User Conduct. You must not use the Platform in a manner that infringes any third party's intellectual property rights, personality rights (Persönlichkeitsrechte), or other proprietary rights. You are solely responsible for any content you submit or upload to the Platform.

§ 10 Digital Collectibles (NFT Minting and Use)

10.1  Eligibility to Mint. Users who correctly identify the featured player in a given daily challenge round may be eligible to mint a Digital Collectible linked to that day's Underlying Content, subject to: maintaining a valid, eligible account; holding a compatible self-custodied Wallet (see § 10.3); and the feature being available in the User's jurisdiction.

10.1a Right of Withdrawal for Paid Minting; Expiry upon Commencement of Performance. Where the minting of a Digital Collectible involves payment of a fee, the transaction constitutes a contract for the supply of digital content not provided on a physical medium within the meaning of § 356(5) BGB. 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. 

Your right of withdrawal expires at the moment performance commences, provided you have given that prior express consent and acknowledgement. 

Each paid minting transaction requires active confirmation of this consent; without it, performance will not commence.

10.2  Nature of the Digital Collectible. Each Digital Collectible is a blockchain-recorded token linked to an original stylised cartoon artwork (the Underlying Content) created by or for the Company. You acknowledge and agree that:

  • owning a Digital Collectible means you own the blockchain token; it does not mean you own the Underlying Content or any intellectual property rights in it;

  • the Underlying Content is an original artistic work and does not constitute or contain a reproduction of any person's likeness, image, or personal rights; it is owned by and remains the intellectual property of the Company (or its licensors);

  • the Digital Collectible 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;

  • the Digital Collectible may have no monetary value; any secondary market value is determined entirely by third-party market forces beyond the Company's control.

10.3  Wallet Responsibility. To receive a Digital Collectible, you must hold a compatible self-custodied Wallet. You are solely responsible for: setting up and securing your Wallet; safeguarding your private keys, seed phrase, and Wallet credentials (the Company has no access to your Wallet and cannot recover lost credentials); ensuring Wallet compatibility with the relevant Blockchain and token standard; and any Wallet provider terms that may apply.

10.4  Network Fees. Any Blockchain network transaction fees ("gas fees") and any applicable taxes, duties, or reporting obligations arising from minting, holding, transferring, or trading a Digital Collectible are your sole responsibility. The Company does not charge a minting fee under the standard free-to-play feature, but network fees are beyond the Company's control.

10.5  Licence Grant to Digital Collectible Holder. Subject to your continued compliance with these Terms, and for as long as you hold the relevant Digital Collectible in your Wallet, the Company grants you a limited, personal, non-exclusive, worldwide licence to:

  • display the Underlying Content linked to your Digital Collectible for personal, non-commercial purposes (e.g., on personal social media profiles or in personal digital galleries); and

  • transfer or sell the Digital Collectible on secondary markets or platforms that support the relevant token standard, subject to § 10.6.

10.6  Prohibited Uses. You may not, in connection with any Digital Collectible or its Underlying Content:

  • use the Underlying Content for any commercial purpose, including advertising, merchandise, or promotional material;

  • modify, adapt, or create derivative works of the Underlying Content;

  • use the Digital Collectible in a manner that suggests endorsement, sponsorship, or affiliation between you and any named player, club, league, or the Company;

  • use the Digital Collectible in connection with hateful, discriminatory, defamatory, pornographic, or otherwise unlawful content;

  • attempt to register any trademark, copyright, or other IP right in the Underlying Content; or

  • sell, license, or otherwise commercialise the Underlying Content separately from the Digital Collectible token.

10.7  Termination of Licence. The licence in § 10.5 terminates automatically upon valid transfer of the Digital Collectible to another person (the new holder receives the licence on the same terms), or upon termination of your account for breach of these Terms.

10.8  Transferability. Digital Collectibles may be transferred to other persons and, where supported by the Blockchain, listed on secondary markets or NFT marketplaces. The Company does not operate any secondary market and is not a party to secondary transactions. Secondary market availability is not guaranteed.

10.9  Not a Financial Instrument. Digital Collectibles are not: financial instruments; securities; units in a collective investment scheme; or crypto-assets subject to EU MiCA authorisation requirements. As original, uniquely minted artistic works, the Company's Digital Collectibles are intended to qualify as unique, non-fungible collectibles falling outside the scope of MiCA (Art. 2(3)(a) EU Regulation 2023/1114). Nothing in these Terms constitutes financial advice. You must not acquire Digital Collectibles with an expectation of financial return, profit, or appreciation in value.

10.10  Changes to the Feature. The Company may modify, suspend, or discontinue the Digital Collectible feature at any time. Where the Company discontinues an in-app custody or minting feature, it will provide Users with reasonable advance notice (not less than 30 days) to transfer any Digital Collectibles to an external Wallet before access is terminated. Digital Collectibles held in external Wallets are recorded on the Blockchain and are not affected by the discontinuation of the Platform feature.

 § 11 Risk Disclosure for Web3 and Blockchain Features

11.1  General Risk Warning. Using, holding, or interacting with Digital Collectibles and other Web3 features 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 participating in any Web3 feature.

11.2  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 Digital Collectibles, in specific regions. You are responsible for assessing whether your participation complies with applicable law in your jurisdiction.

11.3  No Guaranteed Value or Liquidity. The Company makes no guarantees regarding the monetary value, liquidity, transferability, or market demand for Digital Collectibles. Secondary market prices are determined by market forces and may fall to zero. The Company is not responsible for any loss in value of a Digital Collectible.

11.4  Decentralised Network; Limited Control. Digital Collectibles 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. This means that errors, including transfers to incorrect addresses, are generally irreversible.

11.5  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.

11.6  Security Risks. The Game, 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.

11.7  Smart Contract Risks. Smart Contracts may contain bugs, errors, or vulnerabilities. These may cause unintended outcomes including failed transactions, locked assets, or incorrect behaviour. Smart Contract code, once deployed, may be difficult or impossible to change.

11.8  Technical Risks. The Blockchain infrastructure and Game systems rely on complex and novel technology. Downtime, congestion, incompatibilities, or other technical problems may temporarily or permanently prevent access to Web3 features.

11.9  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 Digital Collectibles held in that Wallet. The Company cannot recover lost credentials or reverse the consequences of loss of Wallet access.

11.10  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 Digital Collectibles will remain accessible or usable indefinitely.

§ 12 Privacy and Data Protection

12.1  The Company processes your personal data in accordance with the General Data Protection Regulation (GDPR, EU 2016/679), the Federal Data Protection Act (BDSG), and our Privacy Policy, which is available at here. The Privacy Policy forms an integral part of our relationship with you and contains the information required by Art. 13 GDPR, including details of: the legal basis for processing; your rights as a data subject; data retention periods; and contact details for the Company's Data Protection Officer (if applicable).

12.2  The Company processes personal data for the purposes of operating the Game, providing features, maintaining account security, preventing abuse and fraud, performing analytics, and (where you have given consent or where it is otherwise lawful) communicating with you about the Platform.

12.3  The Company does not sell personal data to third parties. It shares personal data only as described in the Privacy Policy (for example, with Blockchain infrastructure providers, analytics partners, or as required by law).

12.4  The Company does not knowingly collect personal data from persons under the age of 18. If you believe that a person under 18 has created an account, please contact us at [support@onefootball.com]. We will promptly investigate and delete the account and associated data.

13. Youth Protection

13.1  The Game is restricted to users aged 18 and over. This restriction applies because: (a) the NFT / Digital Collectible feature involves interaction with Blockchain technology and associated financial risks; and (b) the 18+ restriction is proportionate to the risk profile of the Game as a whole.

13.2  The Company implements age verification measures as described in the registration process. You represent that you are at least 18 years old by accepting these Terms and completing registration. The Company reserves the right to request documentary proof of age (e.g., government-issued identity document) at any time.

13.3  The Company complies with the Jugendmedienschutzstaatsvertrag (JMStV) and, where required, maintains a classification or provides the necessary technical measures to restrict access by minors.

 

§ 14 Liability

14.1  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;

  • any liability that cannot be limited or excluded by German law, including liability under the German Product Liability Act (Produkthaftungsgesetz) and mandatory consumer protection provisions. 

14.2  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.

14.3  Liability for Slight Negligence | Breach of Material Obligations. Where the Company is slightly negligent (einfache Fahrlässigkeit) in breaching an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance you may regularly rely (a "Kardinalpflicht" or material contractual obligation), the Company's liability is limited to the foreseeable, typical damages at the time of contracting.

14.4  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.

14.5  No Liability for Blockchain and Third-Party Infrastructure. The Company is not responsible for: (a) the operation, availability, or security of the Blockchain or any third-party network; (b) the actions or omissions of Wallet providers or Smart Contract developers; (c) irreversible Blockchain transactions resulting from User error; or (d) loss of Digital Collectibles 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.

14.6  Availability Disclaimer. The Platform is provided on an 'as available' basis. The Company does not guarantee uninterrupted or error-free operation. Planned maintenance and unplanned outages may occur. The Company is not liable for any loss or damage arising from temporary unavailability, subject always to §§ 14.1–14.3 above.

14.7  No Consequential Loss (Limited to Slight Negligence). To the extent permitted by §§ 14.1–14.3 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.

§ 15 Paid Features and Right to Withdrawal

15.1  Some features of the Platform may be offered for a fee ("Paid Features"), including any Pro Version or premium functionality. Paid Features will be clearly labelled and their price will be displayed before purchase. These Terms apply to Paid Features in addition to any feature-specific terms.

15.2  Right of Withdrawal for Paid Digital Services. If you purchase a Paid Feature as a consumer (Verbraucher) resident in the EU, you have a statutory right to withdraw from the contract within 14 days of conclusion without giving reasons (Widerrufsrecht), subject to the following:

For digital content supplied immediately upon purchase (including paid Digital Collectibles and any Paid Feature delivered as non-physical digital content): before completing the purchase, you will be presented with a mandatory confirmation prompt (i) requesting your express consent to the immediate commencement of performance and (ii) informing you that your right of withdrawal expires upon such commencement, pursuant to § 356(5) BGB. Your right of withdrawal expires at the moment performance commences, provided you have given that prior express consent and acknowledgement by actively confirming the prompt. If you decline to confirm, performance will not commence and the contract will not be executed.

15.3  Model Withdrawal Form. Please see Annex 1 to these Terms for the model withdrawal notice and form required under Art. 246a § 1(2)(1)(1) EGBGB. To exercise the right of withdrawal, you may use the form in Annex 1 or send any clear statement of your decision to withdraw to: [legal@onefootball.com] or OneFootball GmbH, Donaustraße 44, 12043 Berlin, Germany.

15.4  The free core Game (including free NFT minting upon correct answer) does not involve a contract for consideration and therefore no statutory right of withdrawal arises in respect of those features. For the avoidance of doubt, should any NFT minting feature be offered for a fee in the future, the provisions of § 10.1a and § 15.2 first indent apply.

§ 16 Changes to the Game and These Terms

16.1  Changes to Game Features. The Company may update game mechanics, artwork, content, and ancillary features at any time to improve the Platform, correct errors, prevent abuse, or comply with applicable law. Cosmetic or minor changes do not require advance notice. Changes that materially alter the core game experience or your contractual rights are governed by § 16.2 below.

16.2  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 30 days before the amendment takes effect, by email to your registered address or by in-app notification.

  • The notification will clearly describe the proposed changes and indicate the effective date.

  • If you do not object to the changes before the effective date, and continue to use the Game after the effective date, the amended Terms will be deemed accepted.

  • You will be expressly informed in the notification that: (a) your silence and continued use will constitute acceptance; (b) you have the right to object; and (c) if you object, you may terminate your account free of charge before the effective date.

  • If you object to the changes, you may terminate your account at any time before the effective date without penalty. In that case, the current Terms will continue to govern until the termination date.

16.3  Non-Material Changes. Non-material amendments (such as corrections of typographical errors, clarifications, or updates to legal references) may take effect immediately upon publication with an updated 'Last Updated' date.

17. Term and Termination

17.1  Term. These Terms enter into force when you first accept them (by creating an account or using the Game) and continue until terminated.

17.2  Termination by You. You may terminate your account and these Terms at any time by deleting your account through the account settings or by contacting us at info@onefootball.com. Prior to deletion, you are strongly advised to transfer any Digital Collectibles held in any in-app wallet to an external Wallet.

17.3  Termination by the Company for Cause. The Company may suspend or terminate your account immediately, without advance notice, if:

  • you commit a material or repeated breach of these Terms;

  • your account 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.

 17.4  Termination by the Company without Cause. The Company may terminate your account on reasonable grounds with at least 30 days' notice to your registered email address, unless a shorter notice period is required by applicable law or urgent circumstances.

17.5  Consequences of Termination. Upon termination:

  • your licence to access and use the Platform ceases immediately;

  • Digital Collectibles held in external Wallets remain on the Blockchain and are not affected by account termination;

  • Digital Collectibles held in any in-app wallet may become inaccessible; the Company will provide reasonable advance notice to allow transfer before termination takes effect;

  • provisions of these Terms that by their nature survive termination (including §§ 9, 10, 11, 14, 19, 20) continue to apply. 

§ 18 Consumer Rights and Dispute Resolution

18.1  Consumer Rights. If you are a consumer (Verbraucher) under German law (§ 13 BGB), your statutory rights under applicable consumer protection law are not affected by these Terms. This includes mandatory rights that cannot be waived or restricted by contract.

18.2  Complaints. If you have a complaint about the Game or these Terms, please contact us in the first instance at:

  • Email: info@onefootball.com

  • Post: OneFootball GmbH, Donaustraße 44, 12043 Berlin, Germany 

We aim to respond to complaints within 10 business days. 

§ 19 Governing Law and Jurisdiction

19.1  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: (a) any conflict-of-law rules that would result in the application of another system of law; and (b) the United Nations Convention on Contracts for the International Sale of Goods (CISG).

19.2  Mandatory Consumer Protections. If you are a consumer habitually resident in an EU Member State, the choice of German law 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 (Art. 6(2) Rome I Regulation, EU 593/2008).

19.3  Jurisdiction. The non-exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Berlin, Germany. This does not affect: (a) your rights as a consumer under Art. 17–19 Brussels I Regulation Recast (EU 1215/2012) to bring proceedings in the courts of your place of domicile; or (b) any mandatory jurisdictional rules under applicable law.

§ 20 Final Provision

20.1  Language. These Terms are issued in English. Where a German-language version is also provided, the German-language version shall prevail for Users habitually resident in Germany in the event of any inconsistency.

20.2  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. The parties shall negotiate in good faith a lawful replacement provision that, as closely as possible, achieves the intended commercial effect of the invalid provision.

20.3  Entire Agreement. These Terms, together with the Privacy Policy and any feature-specific additional terms accepted by you, constitute the entire agreement between you and the Company regarding the Game, and supersede all prior agreements, representations, and understandings.

20.4  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.

20.5  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 assets, provided that the assignee assumes all obligations under these Terms and Users are notified in accordance with § 16.

20.6  Third-Party Rights. These Terms do not confer any rights on third parties. Rights holders whose works are used on the Platform by licence are not parties to these Terms.

Status: June/2026

Version: 1.0

ANNEX 1 - WITHDRAWAL NOTICE AND MODEL WITHDRAWAL FORM

Part A - Statutory Withdrawal Notice (Widerrufsbelehrung)

Right of Withdrawal

If you are a consumer (Verbraucher) within the meaning of § 13 BGB and you have concluded a contract for a Paid Feature or paid Digital Collectible minting, 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 (e.g. 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: legal@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 about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Special Notice for Digital Content Not Supplied on a Physical Medium (§ 356(5) BGB)

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 Digital Collectible minting transaction and each Paid Feature delivered as immediately-supplied digital content, 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 (i.e. the minting transaction is initiated or the Paid Feature is activated), the right of withdrawal expires at that moment.

If you do not confirm the prompt, performance will not commence.

Part B – Model Withdrawal Form (Muster-Widerrufsformular)

(Complete and return this form only if you wish to withdraw from the contract.)

To: OneFootball Capital GmbH Donaustraße 44, 12043 Berlin, Germany Email: legal@onefootball.com

I/We () hereby give notice that I/we () withdraw from my/our () contract for the provision of the following service () / the supply of the following digital content (*):

Ordered on () / received on (): __________________________

Name of consumer(s): ______________________________________

Address of consumer(s): ____________________________________

Account / 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 pursuant to § 356(5) BGB 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 legal@onefootball.com before submitting this form.