OneFootball Ecosystem 

Terms & Conditions

1. Introduction

a. OneFootball 

OneFootball Capital GmbH is a company incorporated under the laws of Germany with registered address at Donaustraße 44, 12043 Berlin and registered under number HRB 144788 B with the District Court (Amtsgeritcht) Berlin (Charlottenburg) (“OneFootball GmbH” and, together with the other members of its corporate group “OneFootball”, “we”, “us” or “our”).

OneFootball produces, distributes and monetizes football news and football-related content via the “OneFootball Ecosystem”, being certain digital outlets and platforms of OneFootball, including, without limitation, the owned and operated platforms (being the mobile application “OneFootball” on iOS, Android and Harmony OS (the “App”), Connected TV App (“TV App”) and the website “www.onefootball.com” (the “Site”) and the OneFootball social media channels (the “Social Channels” and together with the App, the TV App, and the Social Channels, the “OneFootball Platform”), the video player operated by OneFootball, which is embedded within other digital platforms operated by approved third party publishers under rights from OneFootball (the “Embed Player”), third-party platforms with whom OneFootball has entered into an agreement for the supply, hosting and/or distribution of football-related content, which allow OneFootball to monetise the content of its partners).

b. Purpose of the OneFootball Ecosystem Terms and Conditions

These OneFootball Ecosystem Terms and Conditions (the “Ecosystem Terms”) agreed between OneFootball, and you (“User”) govern any of your activity with respect to the OneFootball Ecosystem. These Ecosystem Terms in particular govern your access to, use of, and interaction with the OneFootball Ecosystem as a base for several web2 and web3 applications. Please read these Ecosystem Terms carefully before you start to use the OneFootball Ecosystem. 

2. Acceptance of Ecosystem Terms

The User typically explicitly agrees to the Ecosystem Terms by accepting them on the Site and/or the App.

Furthermore, by using the OneFootball Ecosystem or any of the functionalities, services or infrastructures provided by the OneFootball Ecosystem in any way, you acknowledge and expressly and unambiguously agree and accept to be bound and abide by these Ecosystem Terms, as well as the OneFootball Platform Terms & Conditions available here, the $OFC Token Terms available here, the OF Wallet Terms and the Privacy Policy for the OneFootball App available here, and the Privacy Policy of the OneFootball Website available here. Using the OneFootball Ecosystem inter alia means logging in into the OneFootball Platform, using any of the web2 or web3 applications offered on the OneFootball Platform, participating in activities that allow earning rewards or participating in games, raffles, prize draws and other competitions, as offered from time to time on the Site. 

3. Age and Jurisdiction Restrictions

The OneFootball Ecosystem is available only to Users who are 18 years of age or older. By using the OneFootball Ecosystem, you represent and warrant that you are of legal age to form a binding contract with OneFootball.

The OneFootball Ecosystem is not available to Users with a permanent residence in or nationality of:

  • Afghanistan, Angola, Belarus, Canada, Central African Republic, Colombia, Congo, Cuba, Côte d'Ivoire, Democratic Republic of Congo, Democratic Republic of Korea (North Korea), Guinea-Bissau, Iran, Lebanon, Liberia, Libya, Mali, Mozambique, Myanmar, Nicaragua, Nigeria, People's Republic of China, Regions of Ukraine (Crimea, Donetsk, Luhansk & any other non-government-controlled regions), Russia, Rwanda, Somalia, South Sudan, Syria, Uganda, United Kingdom, Venezuela, Yemen, and Zimbabwe;

  • any jurisdiction in which the ownership of the Tokens or the use of the Platform is prohibited by Applicable Law; and

  • any jurisdiction which is subject to United States, United Nations or other applicable sanctions or embargoes.

OneFootball reserves the right to add and/or remove (as the case may be) jurisdictions to (or from) the list above at any time and without notice.

4. OneFootball Ecosystem Functionalities, Services and Infrastructures

The OneFootball Ecosystem is a platform which contains OneFootball’s web2 and web3 activations, functionalities, services and infrastructures. The OneFootball Ecosystem in particular offers a football fan loyalty program. Functionalities, services and infrastructures may be provided free of charge or for a fee, as specified in the specific terms for the respective functionalities, services and infrastructures.

OneFootball provides the functionalities, services and infrastructures offered via the OneFootball Ecosystem without any warranty or guarantees whatsoever, whether expressed or implied, in particular that a specific functionality, service or infrastructure is free of errors, technical default, interruption, malware, viruses or tailored for the purpose the User has intended. 

OneFootball reserves the right to unilaterally and at any time of its choosing amend and/or modify the functionalities, services and infrastructures offered via the OneFootball Ecosystem to its Users. Functionalities, services and infrastructure can become unavailable. Users are not entitled to demand from OneFootball the creation, maintenance, continuation or discontinuation of any of the functionalities, services or infrastructures offered by OneFootball or its third-party service providers.

a. OneFootball Account

Users create a OneFootball Account upon registration. The OneFootball Account allows Users to create a OneFootball Wallet, the terms of which are laid down in the [OF Wallet Terms] [link]. 

Furthermore, each User who is also a Member of the OneFootball Club can choose a unique .onefootball domain name which represents a human-readable version of the User’s web3 wallet address, and is fully interoperable with the wider web3 ecosystem. Each of such Users can claim one free domain name per OneFootball Account. Please note that domain names can only be claimed if they are unclaimed and do not qualify as premium names which are reserved inter alia for notable players and clubs.

b. OneFootball Club Profile

Upon creation of the OneFootball Account, the User also has access to his OneFootball Club Profile. Additional information about the OneFootball Club Profile can be accessed here.

c. OneFootball Club Reputation

Users can accrue OneFootball Club Reputation (“OFC Reputation”) in their OneFootball Account. OFC Reputation is measured in Experience Points (“XP”) and represents the User’s engagement within the OneFootball Ecosystem and dedication to football. There is no immediate financial value directly attached to XP.

OneFootball accredits XP to Users who take actions that contribute value to the OneFootball Ecosystem. XP can be collected inter alia by certain participation streaks, logins, predictions, engagement in discussions and consuming content. The details of XP accrediting will not be disclosed in order to prevent reputation farming. 

XP allows users access to certain benefits, depending on their overall and monthly XP. Details of the requirements and the benefits undergo constant change.

As of the date of these Ecosystem Terms, XP will be recorded off-chain. To increase the Users’ control, transparency and longevity, OneFootball intends to migrate the entire OneFootball Club Reputation system to a blockchain later on, on the occurrence of which these Ecosystem Terms will be updated.

d. OneFootball Club Profile Levels and Monthly XP Leaderboard

Collecting XP will allow Users to level up their OneFootball Club Profile. The OneFootball Club Profile level depends on the total XP accrued by the User. Users can level up each month, depending on the amount of XP collected. There are the following Level Tiers: Level 1-9 = Bronze; Level 10-15 = Silver; Level 16-29 = Gold; Level 30 = Elite. Users of the different tiers (Bronze, Silver, Gold, or Elite) might be eligible to special rewards. The details of these special rewards will not be disclosed and are in OneFootball’s sole discretion.

Collecting XP will further allow Users to be placed into a monthly XP leaderboard. Top ranked fans might be eligible to certain rewards. The details of the ranking and the rewards will not be disclosed and are in OneFootball’s sole discretion.

e. Collectibles

The OneFootball Ecosystem allows Users to receive Collectibles. Such Collectibles are usually rewarded for certain achievements or the successful participation in games, quizzes and further activities. More information is available here.

f. Games

The OneFootball Ecosystem offers a suite of games. Such games can be provided by third parties. Such games can be for example be prediction games or minigames. Engaging and/or winning in such games might be rewarded with certain benefits. An overview of the games offered can be found [link].

g. Avatars

Users can choose from a base set of avatars to personalize their OneFootball Club Profile. Over time, new sets of avatars might be released, some of which being unlocked through active participation on the OneFootball Ecosystem.

5. Users’ Responsibilities

Users are responsible for maintaining the security of all of their data, particularly of their account credentials, digital wallets and private keys. OneFootball is not liable for any losses due to unauthorized access caused by insufficient security measures on the User’s part. All blockchain-based transactions are generally final and non-reversible once confirmed on the blockchain. 

Users must ensure that their interactions with the OneFootball Ecosystem, including the transfer and use of digital assets, comply with applicable laws and regulations, including tax obligations and anti-money laundering laws. Users must provide accurate information. Illegal activities, such as fraud or money laundering, are prohibited and may result in immediate account suspension or termination. 

6. User’s Obligations

Notwithstanding any further obligations under these Ecosystem Terms and any other applicable OneFootball terms, Users must:

  • use OneFootball Ecosystem in compliance with these Ecosystem Terms, applicable laws, and regulations, and not for any unlawful activities;

  • provide accurate and truthful information during the KYC process and any other interactions related to the use of the OneFootball Ecosystem; and

  • take reasonable measures to secure their OneFootball Account and any credentials related to the use of the OneFootball Ecosystem, reporting any security breaches or unauthorized access to OneFootball immediately.

In particular, Users have to adhere to the general rules of fair play when participating in games, quizzes and other activities. OneFootball reserves the right to, at its sole discretion, not reward or claim back/revoke prizes, not credit or revoke XP, not level up a profile or revoke its level up, and suspend, restrict or terminate OneFootball Accounts that OneFootball suspects of cheating, XP farming, the usage of bots and further unfair means of participating in activities, levelling up their profile, and/or receiving XP. OneFootball will re-activate a suspended or restricted OneFootball Account upon the User having disproved the suspicion to OneFootball’s satisfaction.

7. Digital Identity and Ownership

a. Ownership

Users of the OneFootball Ecosystem are the sole and rightful owners of any digital assets recorded on a blockchain which they acquire within the OneFootball Ecosystem. These assets may include non-fungible tokens (NFTs), domain names, collectibles, and other blockchain-based items, which might be recorded on the blockchain. Regarding such assets, a decentralized ledger provides an immutable, transparent record of ownership, ensuring that Users' rights to their assets are securely preserved. 

b. Transferability

Users in general are entitled to transfer, sell, or trade their digital assets recorded on a blockchain within the OneFootball Ecosystem. However, some digital assets, in particular such assets which will be rewarded for accomplishing certain tasks etc., might not be transferrable. Whether a digital asset will be transferrable or not is in OneFootball’s sole discretion which OneFootball will exercise in good faith.

c. License

By using the OneFootball Ecosystem, Users grant OneFootball a non-exclusive, royalty-free license to use their any and all of the User’s digital assets and content for promotional and operational purposes. This license does not transfer ownership rights to OneFootball but in particular allows the OneFootball to showcase and utilize user-generated content in ways that enhance the OneFootball Ecosystem, in compliance with data protection and privacy laws. Furthermore, OneFootball is allowed to grant sub-licenses to third-party service providers of the OneFootball Ecosystem which grant the latter the same rights as OneFootball.

8. OneFootball Account Suspension, Restriction or Termination

a. Reasons for Suspension, Restriction or Termination 

OneFootball may suspend, restrict, or terminate a User’s OneFootball Account and/or its access to and use of the OneFootball Ecosystem at its sole discretion, at any time and without prior notice to the User if:

  • OneFootball suspects fraud, cheating, or misuse by the User of any of the functionalities, services and infrastructures offered via the OneFootball Ecosystem;

  • OneFootball suspects any irregular or other unlawful activity associated with a User’s OneFootball Account;

  • OneFootball suspects that the User is making use of the functionalities, services and infrastructures of the OneFootball Ecosystem to engage in activities for which the OneFootball Ecosystem is not intended;

  • OneFootball suspects that the User holds its OneFootball Account in favour of a third party;

  • OneFootball suspects that the User has used a payment card which does not belong to the User without authorization of the owner of the payment card;

  • OneFootball suspects a violation of these Ecosystem Terms, any other OneFootball Terms or terms and conditions of related third-party service providers that offer services integrated into the OneFootball Ecosystem, the Privacy Policy or any applicable laws and regulations;

  • OneFootball sees it necessary to protect the interest of the User and/or OneFootball and/or other Users of OneFootball;

  • OneFootball suspects that the User has provided counterfeit, forged, manipulated or unsatisfactory user verification documentation or false personal data;

  • OneFootball is so required by a prima facie valid subpoena, court order, or binding order of a government authority; or

  • the use of the User’s OneFootball Account is subject to any pending litigation, investigation, or government proceeding and/or OneFootball perceives a heightened risk of legal or regulatory non-compliance associated with the User’s activity on the related OneFootball Account.

The User agrees that OneFootball shall not be liable to the User for any permanent or temporary modification, suspension or immediate termination of the User’s OneFootball Account, for actions taken in relation to the unrestricted access to all or any portion of the functionalities, services and infrastructures offered via the OneFootball Ecosystem.

OneFootball has the right to keep and use the any relevant data or other information related to a suspended, restricted, or terminated OneFootball Account for a period during which User’s account is active, as well as for as long as the storage has a legal basis. If OneFootball suspends a User’s OneFootball Account, OneFootball may continue such suspension until such time as the ground for such limitation or restriction is extinct and/or resolved to OneFootball’s satisfaction. The User agrees that OneFootball will have no liability or responsibility for any such limitation or restriction placed on the User’s OneFootball Account during the period of any such limitation or restriction. Should the ground for such limitation or restriction not be extinct and/or resolved to OneFootball’s satisfaction within a reasonable period of time, OneFootball reserves the right to immediately terminate the OneFootball Club Account and access to all functionalities, services and infrastructures provided via the OneFootball Ecosystem.

b. Termination of Ecosystem Terms and of User’s OneFootball Account

In case of any of the following events, OneFootball shall have the right to directly terminate these Ecosystem Terms and the User’s OneFootball Account, and shall enjoy the right but not the obligation to permanently block the User:

  • A previously banned User allegedly registers or registered in any other person’s name as a User again, directly or indirectly;

  • the information the User has provided is untruthful, inaccurate, outdated or incomplete;

  • when these Ecosystem Terms are amended, and the User states its unwillingness to accept the amended Ecosystem Terms; or

  • a User requests that his OneFootball Club Account be terminated.

9. Limitation of Liability

OneFootball shall be liable, including for the acts of its legal representatives and agents, without limitation only in cases of (a) intent or gross negligence, (b) injury to life, body, or health, (c) within the scope of a warranty assumed by OneFootball, and (d) under the Product Liability Act.

OneFootball's liability for slight negligence in breaching duties essential to the fulfilment of the contract's purpose shall be limited to the extent of damages that are foreseeable and typical for this type of contract. Beyond this, OneFootball shall not be liable.

10. KYC/AML Requirements and Onboarding (Greenlisting)

a. KYC/AML Requirements

In order to create a OneFootball Club Account and use the OneFootball Ecosystem with the functionalities, services and infrastructures it provides, a successful onboarding of the User and completion of the KYC/AML requirements by the User providing all required data and including confirmation that the User is eligible is required. Eligible to creating a OneFootball Club Account and using the OneFootball Ecosystem are all natural and legal persons as well as partnerships with a legal personality if they fulfil the following requirements: 

  • the User is neither a citizen of nor does possess a permanent residence or working permit for Afghanistan, Angola, Belarus, Canada, Central African Republic, Colombia, Congo, Cuba, Côte d'Ivoire, Democratic Republic of Congo, Democratic Republic of Korea (North Korea), Guinea-Bissau, Iran, Lebanon, Liberia, Libya, Mali, Mozambique, Myanmar, Nicaragua, Nigeria, People's Republic of China, Regions of Ukraine (Crimea, Donetsk, Luhansk & any other non-government-controlled regions), Rwanda, Russia, Somalia, South Sudan, Syria, Uganda, United Kingdom, Venezuela, Yemen, and Zimbabwe and has no residence or registered office within the territory of one of these states; 

  • the User is not a corporation or other entity organized under the law (including any applicable federal or state laws or their equivalent) in  Afghanistan, Angola, Belarus, Canada, Central African Republic, Colombia, Congo, Cuba, Côte d'Ivoire, Democratic Republic of Congo, Democratic Republic of Korea (North Korea), Guinea-Bissau, Iran, Lebanon, Liberia, Libya, Mali, Mozambique, Myanmar, Nicaragua, Nigeria, People's Republic of China, Russia, Regions of Ukraine (Crimea, Donetsk, Luhansk & any other non-government-controlled regions), Rwanda, Somalia, South Sudan, Syria, Uganda, United Kingdom, United States of America (including its territories), Venezuela, Yemen, and Zimbabwe of which the income is subject to the law of one of the aforementioned jurisdictions; 

  • neither the User nor the User’s wallet is listed on any sanctions or embargoes list of the European Union, the United States of America or the United Nations. 

b. Required Onboarding Information of Natural Persons

The following information is required for onboarding if the User is a natural person: 

  • All names and surnames of the User; 

  • the declared place of residence including the complete address; 

  • the User’s date of birth; 

  • the User’s place of birth; 

  • the nationality of the User; 

  • the number of an identity card or passport which has been issued by the competent authority to the User; 

  • an e-mail address of the User. 

Additional information may be required in enhanced due diligence processes.

c. Required Onboarding Information of Entities

The following information is required for onboarding if the User is an entity or a partnership with a legal personality: 

  • complete legal form of the User; 

  • statuary, respectively, the in a public registry registered place of business of the User including the complete address; 

  • (if existing) the Users registry number from the commercial registry or a comparable public registry; 

  • name of the statutory authorized representative or representatives of the User; 

  • an e-mail address of the User. 

Additional information may be required in enhanced due diligence processes.

d. Requirements for Successful Onboarding

In order for the onboarding to be successful it is required that the information provided by the User is 

  1. complete; and 

  2. that there is no indication that the User provided incorrect data. 

e. Audit and Notifications

OneFootball is entitled but not obligated to audit the data provided during the onboarding process by a qualified third party. OneFootball notifies the User if the onboarding and the completion of the KYC/AML Requirements was successful. The respective User is then considered as Greenlisted. The User is obligated to notify OneFootball immediately if any of the information provided has changed.

11. Data Protection

Information on the processing of personal data can be found in OneFootball’s Privacy Policy for the App available here, and Website available here. 

12. Modifications to the Terms

OneFootball reserves the right, at its sole discretion, to modify, amend or revise these Ecosystem Terms at any time, in accordance with the laws and regulations governing these Ecosystem Terms and all functionalities, services and infrastructures provided within it. 

If such an amendment is material, OneFootball will make reasonable efforts to provide at least a 30 days’ notice prior to any new terms taking effect. Material changes will generally be those that significantly impact the Users’ rights, obligations, or the risks associated with the OneFootball Ecosystem or the functionalities, services and infrastructures provided in it.

13. Dispute Resolution

a. Jurisdiction and Applicable Law

German law, excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), applies to entrepreneurs. The exclusive place of jurisdiction for disputes with entrepreneurs shall be Berlin.

German law, excluding conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG), applies to consumers, unless mandatory legal consumer regulations in the User’s country, i.e. the country in which the User has his primary domicile, are more beneficial to the User, in which case these mandatory legal consumer regulations shall apply.

b. Dispute Resolution Procedure

The European Commission provides a platform for extrajudicial online disputes, which the User can view here: https://ec.europa.eu/consumers/odr. OneFootball is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration committee.

14. Miscellaneous

a. Severability Clause

If any provision of these Ecosystem Terms is or becomes invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to the economic intent of the original provision. The same applies in the event of a contractual gap.

b. Third Party Websites or Services

The OneFootball Ecosystem and/or its functionalities, services and infrastructures may contain links to third party websites or resources. OneFootball provides these links only as a convenience and is not responsible for the content, products, or services on or available from such third-party websites or resources, or links displayed on such websites. To the extent permitted under applicable law, the User acknowledges his sole responsibility for and assumes all risk arising from, the User’s use of any third-party websites or resources.

OneFootball is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet and other services. Such third-party services may affect the User’s ability to utilize the services or participate in an event. The User hereby waives and releases OneFootball from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third-party services.

15. Contact Information

You can contact us for any reason using the "contact form" in the OneFootball Platform or under the following [link]. You may need to provide your email address, home address, product details, and payment information, which may include your billing address, so that we can help you or identify you.