Wallet

Terms and 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, Germany, registered under number HRB 131613 B at the commercial register of the district court of Berlin-Charlottenburg (“OneFootball Capital 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 together with the App, the TV App and the decentralised App (the “dApp”), 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”), and 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.

OneFootball issues cryptographic utility tokens called OneFootball Credits (“$OFC Tokens”) which allow users to acquire certain goods and services within the OneFootball Ecosystem. To securely store, manage, transfer, and utilize $OFC Tokens, users require a crypto wallet.

b. Purpose of the OneFootball Wallet Terms and Conditions

These OneFootball Wallet Terms and Conditions (the “Wallet Terms”) agreed between OneFootball, and you (“you” or “User”) set forth the terms under which OneFootball provides access to and use of the OneFootball cryptocurrency wallet (“Wallet”, as defined in Section 4.) to you. The Wallet is a self-custodial digital tool that enables Users to securely store, manage, transfer, and interact with cryptographic tokens, in particular the $XC Tokens, within the X-Ecosystem. The Wallet is linked to your OneFootball Account in order to give you a seamless web experience. These Wallet Terms define the rights and obligations of both parties in connection with the use of the Wallet, particularly the limitation of OneFootball’s liability. Please read these Wallet Terms carefully before you start to use the Wallet. 

2. Age and Jurisdiction Restrictions

The Wallet is available only to users who are 18 years of age or older. By using the OneFootball Ecosystem, the User represents and warrants that the User is of legal age to form a binding contract with OneFootball.

The Wallet is not available to users with a permanent residence in or nationality of:

  • Afghanistan, Angola, 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, Somalia, South Sudan, Syria, Uganda, United Kingdom, Venezuela, Yemen, and Zimbabwe, Russia, Belarus;

  • any jurisdiction in which the ownership of the $OFC 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.

3. Acceptance of Wallet Terms

The User typically explicitly agrees to the Wallet Terms by accepting them on the Site.

Furthermore, by using the $OFC Tokens, the OneFootball Ecosystem, or any of the functionalities, services or infrastructures provided by the OneFootball Ecosystem in any way, the User acknowledges and expressly and unambiguously agrees and accepts to be bound and abide by these Wallet Terms, as well as the Terms of Use of OneFootball’s App and Site , the [OneFootball Club Terms], the [$OFC Token Terms], the [OneFootball Ecosystem Terms] and our Privacy Policy [link]. 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. 

4. Wallet

The OneFootball self-custodial software-based cryptocurrency wallet (“Wallet”) for the Ethereum blockchain, including Ethereum-compatible blockchains (a blockchain being a secure, decentralized digital ledger that records transactions in immutable, cryptographically linked blocks). The Wallet is integrated into the OneFootball Ecosystem in order to allow the User to manage its $OFC Tokens directly without relying on external wallet client software applications.

The Wallet allows the User to securely interact with cryptographic tokens stored on the blockchain. The Wallet does not store tokens directly; rather, it stores the User's private key, which is a cryptographic code that grants access to and control over tokens stored on the blockchain. The private key corresponds mathematically to a public key recorded on the blockchain, which in turn enables the receipt and storage of tokens. By securely managing the private key, the Wallet enables the User to authorize blockchain transactions and access tokens associated with the corresponding public key. 

The Wallet is a self-custodial solution. This means that the Wallet ensures that only the User has control over their private key. OneFootball neither stores nor has access to the private key nor is OneFootball a custodian of the Wallet or any digital assets or tokens stored in the Wallet. 

The User is solely responsible for securing its private key by protecting access to its device, maintaining strong credentials for email authentication, and ensuring the security of any encrypted backup shards. If the User exports its private key, it must store it securely offline and refrain from sharing it with anyone. 

OneFootball does not develop, operate, control, own, maintain, or manage the Ethereum (or any other) blockchain or the Wallet, and is not responsible for any risks or activities associated with the Ethereum (or any other) blockchain or the Wallet. OneFootball has no fiduciary duties towards the User arising from or in connection with the Wallet or these Wallet Terms.

5. Wallet Creation and Ownership

a. Wallet Creation

The Wallet is generated upon the User’s request through the OneFootball platform. During the creation process, the Wallet generates a Private Key as well as a corresponding Recovery Phrase, which are stored exclusively on the User’s device. OneFootball does not store, access, or have any control over the User’s Private Key or Recovery Phrase.

b. Ownership and Control of the Wallet

The Wallet is self-custodial, meaning that the User retains sole ownership and control of their Private Key and Recovery Phrase, and thereby of the crypto-tokens, particularly the $OFC Tokens, stored on the Wallet. The User is solely responsible for safeguarding the Privat Key and Recovery Phrase as well as any further credentials and ensuring their confidentiality. OneFootball has no ability to recover lost or compromised Private Keys or Recovery Phrases and in such case bears no responsibility. 

c. Responsibility for Security

The User acknowledges that maintaining the security of their Wallet, Private Key, and Recovery Phrase as well as any further credentials is their sole responsibility and that OneFootball bears no such responsibility. The User must take all reasonable precautions to prevent unauthorized access to their Wallet, including but not limited to using secure devices, enabling device-level security features, and avoiding sharing credentials with third parties.

d. Irreversibility of Transactions

All transactions initiated from the Wallet are final and irreversible once submitted to the blockchain. The User bears full responsibility for verifying transaction details, including recipient addresses and amounts, prior to submission. OneFootball shall not be liable for errors or losses arising from incorrect transaction details or unauthorized use of the Wallet.

6. Fees and Costs

The User acknowledges that the use of the Wallet may incur fees, including but not limited to blockchain transaction fees (e.g., gas fees) or network fees, which are determined by the respective blockchain protocols and are beyond OneFootball’s control. OneFootball does not charge additional fees for Wallet usage unless explicitly stated otherwise. The User is solely responsible for ensuring sufficient funds within its Wallet to cover any applicable transaction fees. Failure to do so may result in unsuccessful transactions, for which OneFootball bears no liability.

7. Third-party Services and Integrations

The Wallet integrates and/or interacts with third-party services, platforms, and/or applications ("Third-party Services"). OneFootball does not endorse or guarantee the availability, functionality, or security of such Third-party Services.

The User acknowledges that its use of Third-party Services is subject to the terms and conditions of the providers of these Third-party Services, and OneFootball shall not be liable for any losses resulting from such use.

8. Prohibited Activities

The User agrees not to engage in any of the following prohibited activities while using the Wallet or any services provided by OneFootball:

  • Any activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses, malware, or denial-of-service attacks;

  • Any activity that attempts to circumvent these Wallet Terms, interfere with the functionality of the Wallet, or exploit vulnerabilities in OneFootball’s systems or services;

  • Any fraudulent activity, including but not limited to providing false, inaccurate, or misleading information to OneFootball or third parties, or unlawfully obtaining the property of another;

  • Any activity that violates applicable laws, rules, or regulations concerning financial transactions, anti-money laundering (AML), counter-terrorism financing (CTF), securities trading, derivatives trading, or commodities trading;

  • Any activity that infringes upon intellectual property rights, violates contractual obligations, breaches third-party rights, or constitutes a tort under applicable law;

  • Using the Wallet for any unlawful purposes, including but not limited to financing terrorism, money laundering, fraud, or other criminal activities;

  • Any attempt to gain unauthorized access to accounts, wallets, systems, or networks associated with OneFootball or its services; and

  • Any other activity deemed by OneFootball to be harmful to its operations, reputation, or users.

Violation of this section may result in the suspension or termination of the User’s access to the Wallet and related services and may be reported to relevant authorities where required by law.

9. Termination and Suspension

a. Extraordinary Termination and Suspension

OneFootball reserves the right to suspend or terminate the User’s ability to use the Wallet within the OneFootball Ecosystem at its sole discretion if:

  • The User breaches these Wallet Terms or the Terms of Use of OneFootball’s App [link], the Terms of Use of the Site [link], the [OneFootball Club Terms], the [$OFC Token Terms], or the [OneFootball Ecosystem Terms];

  • Fraudulent or unauthorized activity is detected; or

  • Suspension and/or termination is required by law or regulatory authorities.

Upon termination, the User remains responsible for securing its Private Keys and Recovery Phrases to retain access to its tokens on the Wallet, however will not be able to utilize the Wallet and/or the crypto-tokens, in particular $OFC Tokens, stored on the Wallet within the OneFootball Ecosystem.

b. Ordinary Termination

The User may terminate its use of the Wallet at any time by ceasing to access or interact with the Wallet through OneFootball’s platform. The Wallet operates on a blockchain. Therefore, it cannot be deleted or destroyed, and any cryptographic tokens associated with the Wallet will remain accessible using the User’s Private Key and Recovery Phrase through compatible platforms or applications.

OneFootball may terminate the User’s access to the OneFootball Ecosystem and related services connected to the Wallet upon providing at least [x days] written notice via email, except where an earlier termination is required by law or regulatory authorities. Termination by OneFootball does not affect the User’s ability to retain control over its Private Key and Recovery Phrase or access tokens stored on the blockchain. Following termination, the User remains solely responsible for securing these credentials and managing its Wallet independently. After the termination, the User will not be able to utilize the Wallet and/or the crypto-tokens, in particular $OFC Tokens, stored on the Wallet within the OneFootball Ecosystem anymore.

10. Limitation of Liability

a. General Disclaimer

The Wallet is a self-custodial tool, enabling Users to store, transfer, and manage cryptographic tokens independently. OneFootball does not store, access, or control Private Keys, Recovery Phrases, or any further credentials associated in whichever way with the Wallet (e.g., password managers). Accordingly, OneFootball shall not be responsible or liable for any loss, theft, or unauthorized access to the Wallet, in particular if resulting from the User’s failure to safeguard their credentials or implement adequate security measures.

b. Limitation of Liability

To the fullest extent permitted by the applicable German law, OneFootball excludes liability for:

  • Loss of access to tokens due to loss or compromise of Private Keys, Recovery Phrases or any further credentials;

  • Unauthorized transactions initiated from the User’s Wallet;

  • Errors or omissions in blockchain transactions (e.g., incorrect recipient addresses or amounts);

  • Failures, delays, or vulnerabilities inherent to blockchain networks;

  • Device failures, software bugs, or malware affecting the Wallet; and

  • Any indirect, consequential, or incidental damages arising from the use of the Wallet.

Notwithstanding any of the exclusions and limitations of liabilities above, 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 this 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.1

11. KYC/AML Requirements and Onboarding (Greenlisting)

a. KYC/AML Requirements

To create a Wallet through the OneFootball platform, the User must successfully complete the onboarding process, including fulfilling all applicable Know-Your-Customer (KYC) and Anti-Money Laundering (AML) requirements. As part of this process, the User must provide all requested information and confirm eligibility. Eligible Users include natural persons, legal entities, and partnerships with legal personality, provided they meet the following criteria:

  • 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, 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, Somalia, South Sudan, Syria, Uganda, United Kingdom, Venezuela, Yemen, and Zimbabwe of which the income is subject to the law of one of the aforementioned jurisdictions; 

  • neither the User nor any of the User’s crypto-wallets other than the 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 

  • complete; and 

  • 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.

12. Data Protection

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

13. Modifications to the Terms

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

14. 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.

15. Miscellaneous

a. Severability Clause

If any provision of these Wallet 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

During the creation and/or the use of the Wallet, the User might be redirected to third party websites or resources. OneFootball provides links to third party websites 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 Wallet at certain points in time. 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.

16. Contact Information

You can contact us for any reason using the "contact form" in the OneFootball Platform or in the OneFootball Help Center available here. 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.