Streaming Terms & Conditions
1. Background
1.1 The “OneFootball” website and applications (the "OneFootball Platform") are operated by OneFootball GmbH, Donaustraße 44, 12043 Berlin, Email: customercare@onefootball.com (hereinafter "OneFootball", “we” or “us”). Use of the OneFootball Platform is subject to the terms and conditions set out in OneFootball’s Platform Terms & Conditions (the “Platform Ts&Cs”).
1.2 OneFootball offers live streaming and/or video on demand (VOD) streaming of football matches or related content, watchable within our OneFootball Platform on mobile, desktop, and connected TV devices (the "OneFootball OTT Service"). Responsibility for the OneFootball OTT Service lies exclusively with OneFootball, hence claims with regard to the OneFootball OTT Service shall exclusively be made to OneFootball. To enhance your enjoyment of the OneFootball OTT Service we will also provide recommendations you might be interested in and other interesting information based on the entities you follow within our OneFootball Platform. In order to understand how we process your data, please see our Data Privacy Policy.
1.3 OneFootball offers four different categories of live streaming products (the “Streaming Products” and each a “Streaming Product”) within the OneFootball OTT Service:
(i) “Free to Air” Matches (which can be viewed free of charge by users without requiring any purchase);
(ii) "Pay per View" or "PPV" (which provides paid access to a single match);
(iii) match bundles such as “Season Passes” (which provides access to a bundle of matches); and
(iv) a Subscription (defined below, and together with the products described in (ii) and (iii) the “Paid Streaming Products” and each a “Paid Streaming Product”).
For the purposes of these Streaming Terms & Conditions (the “Streaming Ts&Cs”), a “Subscription” shall mean the purchase of a plan granting access to any single or bundle of matches as part of the OneFootball OTT Service that automatically continues on a periodic basis unless it is cancelled by either you or OneFootball. Please note that a Subscription under these Streaming Ts&Cs is different from the “OneFootball Subscription” as set out in the Platform Ts&Cs and does not grant you the rights that the “OneFootball Subscription” does (including without limitation to receive an ad-free version of the OneFootball Platform). Neither does the “OneFootball Subscription” apply to your use of the OneFootball OTT Service.
2. Main Terms
2.1 These Streaming Ts&Cs apply to the use by you (“you”) of the OneFootball OTT Service described in clause 1.2 above. Please read these Streaming Ts&Cs before using the OneFootball OTT Service. By accessing or using the OneFootball OTT Service (including purchasing a Paid Streaming Product), you expressly agree to comply with these Streaming Ts&Cs. Please note that if you purchase a Paid Streaming Product via a third-party application store (e.g. Apple Store / Google Play / Fire TV) or any other point of sale, then your purchase will, in addition to these Streaming Ts&Cs, be subject to the terms and conditions imposed by any such third parties.
2.2 The composition and availability of the OneFootball OTT Service may vary over time and subject to the territory you are in (including, but not limited to the language the OneFootball OTT Service is available in). The OneFootball OTT Service is also subject to certain restrictions (e.g. territorial restrictions). You are entitled to the benefits of the EU portability regulation (see our FAQs on this subject), if your permanent address is in a member state of the European Economic Area ("EEA"). If you are verified as being entitled to portability, you will be able to access and enjoy the OneFootball OTT Service when you are temporarily present in another member state of the EEA, irrespective of whether the OneFootball OTT Service is usually available in that EEA member state or not.
2.3 OneFootball reserves the right to change the Streaming Ts&Cs or to adapt them in the future including without limitation for the purposes of addressing changes in OneFootball’s ability to deliver the OneFootball OTT Service as a result of any legal, regulatory or commercial changes affecting it (“Amendments”). You will be notified of Amendments in writing (email sufficient). Amendments shall, if not accepted by explicit agreement, be deemed to be accepted, if you do not object in writing within 30 days of notification and continue to use the OneFootball OTT Service. In case of an objection, the contract may be terminated by both OneFootball and you with immediate effect.
2.4 The OneFootball OTT Service is for your personal and non-commercial use only. When accessing or using the OneFootball OTT Service (including purchasing a Paid Streaming Product) we grant you a limited, non-exclusive, non-transferable licence to access the OneFootball OTT Service and to view the selected content on a streaming-only basis. Except for the foregoing limited licence, no right, title, or interest shall be transferred to you. You agree not to use the OneFootball OTT Service for public performances (public viewing). The OneFootball OTT Service is only offered to individual consumers and not to businesses.
2.5 Your use of or or access to any Paid Streaming Product is conditional on receipt of any required payment due, one-time or periodically being authorised by a payment provider or your valid Subscription or promotional code and is at all times subject to these Streaming Ts&Cs.
2.6 In circumstances where a Contract (defined in Section 5) for a Subscription is concluded, we may terminate such Contract with you at any time with sixty (60) days prior notice to your current Subscription’s end date. Our right to terminate the Contract for cause in accordance with Section 9.2 shall remain unaffected. If we terminate your Contract with us for any other cause than your breach, you may be entitled to receive a pro-rata refund of any amounts you have pre-paid for the specific Paid Streaming Product.
3. User account
3.1 We may require you to register as a user within our OneFootball Platform to use the OneFootball Platform or the OneFootball OTT Service. Your use of the OneFootball Platform is governed by the Platform Ts&Cs.
3.2 The data you register with must be correct and has to be kept updated at all times.
3.3 The password you use must be kept confidential. Please inform us if you believe that a third party has obtained your password.
3.4 In the event that you are in breach (or we have a reasonable suspicion that you are in breach) of these Streaming Ts&Cs, we reserve the right to temporarily or permanently block your user account and/or your access to the OneFootball OTT Service.
4. Payment and Fees for Paid Streaming Products
4.1 Your payment of the purchase price for a Paid Streaming Product will only cover access to the selected Paid Streaming Product. Your relevant service provider may charge you additional communications or access costs. All our prices are inclusive of tax (VAT/MwSt./CT or any similar tax in any other territory or jurisdiction) at the rates in force at that time.
4.2 Your payment of the purchase price for the selected Paid Streaming Product must be made via In-App Payment or through another current, valid, accepted method of payment including supported third-party payment providers ("Payment Method"). Separate terms and conditions of the relevant payment provider may apply. You confirm that any such Payment Method you use is yours, or that you have the authorisation to use it. In case you choose a Subscription, you agree that we are authorised to charge you a periodic Subscription fee on a recurring basis corresponding to the term of your Subscription. If your Payment Method is refused, you may not be granted access to the selected Paid Streaming Product until a validated Payment Method is provided by you and approved by us. Your Payment Method service might charge additional fees.
4.3 We reserve the right to refuse payments at our reasonable discretion.
4.4 The fee to be paid for the use of the respective Paid Streaming Product will be billed either:
(i) immediately for a Pay per View purchase or match bundle purchase; or
(ii) on a recurring basis for a Subscription.
Regarding (ii), your chosen Payment Method will be debited on the calendar day corresponding to the start of your Subscription (in case it is the last day of the month, the date might vary) or as otherwise specified by the issuer of your Payment Method.
4.5 Where we process your payment, we will process your payment on a secure site. Depending on the Payment Method you chose, you may need to visit your account with the applicable third-party service provider to view payment information, including billing information and to change your Payment Method.
4.6 We reserve the right to change the prices for any Paid Streaming Products, including without limitation, as a result of cost increases.
4.7 The cost for the OneFootball OTT Service consists of customer service costs, technical costs, implementation costs, and content costs. Any price increases concerning ongoing Subscriptions shall apply at the earliest after thirty (30) days as of our email notification to your current registered email address or any other similar notification. You have the right to terminate your Subscription in the case that the increase in price is more than 20%. Increases for Subscriptions may only occur once a year, and OneFootball will inform you about your right to terminate and the corresponding notice period in the same notification informing you about the price increase.
5. Conclusion of the Contract for Paid Streaming Products
5.1 By clicking on a button stating "Buy Now" (or completing a similar confirmatory exercise) at the end of the order process on the OneFootball Platform, you submit a binding offer to us for the selected Paid Streaming Product (incorporating these Streaming Ts&Cs). Once your payment for the selected Paid Streaming Product is successfully processed, we will confirm your purchase on a success page. Confirmation on this success page constitutes valid acceptance of your offer and a legally binding agreement for the selected Paid Streaming Product (to be performed by OneFootball subject to and in accordance with these Streaming Ts&Cs) shall be concluded (a “Contract”). We will accept or decline your offer as just described as soon as possible.
5.2 It is agreed that the Contract between you and OneFootball is not set out in a separate text but is constituted by the selected Paid Streaming Product (details of which will be displayed after successful payment on the confirmation success page) and these Streaming Ts&Cs.
6. Termination by You
6.1 Any cancellation of a purchased Subscription must be made by declaration in text form; you can terminate inter alia by logging in to your account page on our website www.onefootball.com. In these circumstances you will continue to have access to the OneFootball OTT Service until the end of the relevant Subscription term, but you shall not be refunded any fees already paid for the then current billing period of your Subscription.
6.2 If you used a third-party Payment Method to pay for a Subscription and you wish to cancel it, you may need to visit your account with the applicable third party and turn off auto-renew or unsubscribe from the OneFootball OTT Service through that third party.
6.3 In case of one-time purchases such as single matches (Pay-per-View) or match bundles (Season Pass, Matchday Ticket), the Contract governing such purchase will terminate automatically after the broadcast of the relevant match(es) have finished.
7. Right of Withdrawal
You have the right to withdraw from any Contract concluded in accordance with these Streaming Ts&Cs within fourteen (14) days without stating any reason. The withdrawal period is fourteen (14) days and starts on the day of conclusion of the Contract. In order to exercise your right of withdrawal, please send us - OneFootball GmbH, Donaustraße 44, 12043 Berlin - a clear message (e.g. via regular postal mail, telefax or email to customercare@onefootball.com). You can do so by using the sample withdrawal form as provided in the document Withdrawal Policy. The deadline is deemed to be met if you post the notice of withdrawal prior to the expiry of the withdrawal period.
7.1. Consequences of Withdrawal
If you withdraw from the contract, we will refund all payments which we have received from you, immediately and no later than fourteen (14) days after receipt of your notice of withdrawal. For the refund we use the same method of payment that you have used for the original transaction, unless otherwise agreed with you; in no event, we will charge a refund fee.
In case you have asked us to start the service within the withdrawal period, you must pay a reasonable amount corresponding to the share of the services provided until the date of exercising the right of withdrawal in relation to the entire services to be provided as per the contract.
7.2. Expiration of the Right of Withdrawal
In the case of a Contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires also if we began with the performance of the contract after you (i) have expressly consented to us beginning with the performance of the Contract prior to expiry of the withdrawal period, (ii) have acknowledged that by your consent, you would lose the right to withdraw from the Contract upon the performance of the Contract having commenced, and (iii) we have provided you with confirmation of your consent to immediate performance and your acknowledgement of the expiry of the right of withdrawal as well as the other information required by law in the duplicate or confirmation of our contract on a durable medium.
8. Technical Requirements
8.1 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the products of the OneFootball OTT Service. In order to download and use the OneFootball Platform, you need an internet connection for your device. We recommend keeping the operating systems as well as the version of the OneFootball Platform up-to date at all time.
8.2 We will use reasonable endeavours to ensure that the OneFootball OTT Service is made available to you at all times. Except within the boundaries of Section 14 below, we will not have any liability to you where you are unable to watch any event on any specific device due to outdated operating systems or App versions.
8.3 In order to run an update or maintain the OneFootball OTT Service, we may need to suspend the OneFootball OTT Service every now and then. We will try to keep these suspensions to a minimum.
8.4 In circumstances where there has been any failure of the OneFootball OTT Service to conform to any applicable warranty and you believe you are entitled to a refund, please contact our Customer Care team through the “contact us” section of our OneFootball Platform. Where you purchased a Paid Streaming Product using a third-party payment provider, you may notify your third-party payment provider of such failure, and your third-party payment provider may refund any applicable purchase price to you or will forward your request to OneFootball. To the maximum extent permitted by applicable law, that third-party payment provider has no other warranty or obligation whatsoever in regard to the OneFootball OTT Service.
8.5 The quality of the display of the OneFootball OTT Service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
8.6 A minimum download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You should check with your internet service provider for information on possible internet data usage charges.
8.7 We may use different software to deliver the OneFootball OTT Service for different devices, which may lead to different functionalities between devices. You acknowledge that the use of the OneFootball OTT Service may require third-party software subject to third-party licenses.
9. Using the OneFootball OTT Service
9.1 We are the owner or licensee of all intellectual property rights or have explicit permission of the rights owner or holder to offer and sell products on the OneFootball OTT Service. All content, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) is subject to the copyright of us and/or others. You agree that you will:
9.1.1 at any given time, only use the OneFootball OTT Service via a permitted device;
9.1.2 keep your password for accessing the OneFootball Platform secure and confidential;
9.1.3 not copy, record or save all or any part of the OneFootball OTT Service (other than as we permit in the application functionality) or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the OneFootball OTT Service to any person, or authorise, enable or procure any other person to do any of the above;
9.1.4 not alter, disassemble, decompile or reverse engineer any part of the OneFootball OTT Service;
9.1.5 not use the OneFootball OTT Service in circumstances where members of the public can view it simultaneously or authorise, enable or procure any other person to do so;
9.1.6 not abuse the OneFootball OTT Service or use it for any unlawful or unauthorised purpose (which includes transmitting any viruses through the OneFootball Platform, or using the OneFootball Platform in a manner which violates or infringes the rights of anyone else);
9.1.7 not circumvent or attempt to circumvent any use restrictions, e.g. the territorial restrictions via a VPN; and
9.1.8 not attempt to stream and/or otherwise access the OneFootball OTT Service on more than one (1) device. OneFootball reserves the right to increase the number of devices on which you may access the OneFootball OTT Service in the future and will (if applicable) communicate any such increase in writing to you in connection with a future purchase.
9.2. We may immediately suspend or terminate your access to the OneFootball OTT Service or withdraw your access to any promotions, offers or discounts if we have reasonable grounds to believe (i) you are in breach of any of these Streaming Ts&Cs; or (ii) we are requested to do so by a regulatory authority. If possible and appropriate, we will inform you beforehand of such termination, suspension or withdrawal.
10. Your Security Protection
Please bear in mind that you should be careful submitting credit card or other account information. Always access your sensitive account information by going directly to the OneFootball OTT Service and not through a hyperlink in an email or any other electronic communication, even if it looks official. Doing so can result in identity theft.
11. Age Restriction
You must be the older of 18 years of age (or over), or the age of majority in your state, province or territory of residence, to become a user of the OneFootball OTT Service. Users under 18 years ("minors") require the consent of their parent or guardian.
12. Indemnity
12.1 You agree to fully compensate us in respect of any damages, costs and expenses (including reasonable legal fees) that we incur as a result of:
12.1.1 any negligent or wilful misrepresentation, act or omission made by you in connection with your use of the OneFootball OTT Service;
12.1.2 any negligent or wilful non-compliance by you with these Streaming Ts&Cs; or
12.1.3 claims brought by third parties arising from or related to your negligent or wilful access or use of the OneFootball OTT Service other than in accordance with these Streaming Ts&Cs.
12.2. Damages within the meaning of Section 12.1. also comprise liabilities that we have towards our any vicarious agents or assistants due to any of the events described in Sections 12.1.1. to 12.1.3.
13. Warranty
Statutory provisions regarding liability for defects shall apply to the OneFootball OTT Service.
14. Liability
14.1 Subject to Section 14.2., our maximum liability to you arising by reason of or in connection with the supply of the OneFootball OTT Service to you shall be limited to such damage as typically foreseeable in the event of a slightly negligent breach of a Material Contractual Duty under these Streaming Ts&Cs. A "Material Contractual Duty" under these Streaming Ts&Cs is a duty the fulfilment of which is essential for the proper execution of these Streaming Ts&Cs, the breach of which endangers the purpose of these Streaming Ts&Cs and on the fulfilment of which you as the user regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time that you accepted these Streaming Ts&Cs. We exclude our and any vicarious agents' and assistants' liability for damages caused by a slightly negligent breach of a non-material contractual duty.
14.2. Nothing in these Streaming Ts&Cs shall exclude or limit the liability of us or any vicarious agent or assistant for gross negligence or willfulness or for death or personal injury or for its fraud. Likewise, your potential further mandatory statutory rights as a consumer shall remain unaffected.
15. Contact Us
15.1 You can contact us for any reason by using the “contact us” section of our OneFootball Platform. You may be required to provide your email, residential address, product details, payment information, which may include your billing address in order to assist you or to identify your Subscription. We (and not any third-party payment provider) are responsible for providing support with respect to the OneFootball OTT Service.
15.2 If you have paid for a Subscription you should notify us immediately if any of your details change by updating these details through the OneFootball Platform.
15.3 Any notice given by us will be given by email via the most recent email address we hold for you or any other similar notification. We shall not be responsible for non-receipt of messages we send you.
16. Force Majeure
Neither us nor any third-party rights owner or holder shall have any liability to you for any delay or failure to deliver the OneFootball OTT Service to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third-party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third-party action (including denial of service attack and overuse or misuse of the OneFootball OTT Service), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, industrial disputes and the cancellation or postponement of any event.
17. Assignment
17.1 Subject to the following sentence of this Section 17, we may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Streaming Ts&Cs without notifying you or obtaining your consent.
17.2 In the event of a transfer to a third party, we will notify you of the transfer and you will have the right to terminate the agreement constituted by these Streaming Ts&Cs by declaration to us within four (4) weeks as of your receipt of our notification.
17.3 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Streaming Ts&Cs.
18. Severability
Should individual provisions in these Streaming Ts&Cs, including this provision, be entirely or partially invalid, this shall not affect the validity of the remaining provisions or parts of such provisions. The invalid or missing provisions shall be replaced by the applicable statutory rules.
19. Governing Law
These Streaming Ts&Cs shall be exclusively governed by and construed in accordance with the laws of Germany to the extent permitted by law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and German private international law is excluded. Mandatory consumer protection law of your country shall apply if they are more benefitting than the German consumer law.
20. Dispute resolution proceedings
The European Commission provides a platform for out-of-court online disputes which can be found here: https://ec.europa.eu/consumers/odr. We are not willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
As of: December 2024