MY FOOTBALL SPACE • MY FOOTBALL SPACE •

TandC

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GENERAL TERMS AND CONDITIONS FOR USING THE MYFS APP
1. SCOPE
1.1 These General Terms and Conditions („App GTC“) of My Football Space GmbH,
Richard-Wagner-Strasse 7d, 60318 Frankfurt („MyFS“) apply to the use of the App
from MyFS („App“), which is available to download in various app stores and on
MyFS’s website at www.myfs.de, as well as to all the Services in connection with
the App (the App and the Services offered in connection with the App are
collectively referred to as „Services“ and the underlying contract incorporating the
App GTC as the „App Contract“).
1.2 If the App is made available via an app store, these App GTC will apply in addition
to the terms of use provided by Apple (as the operator of the iTunes/Apple app
store), Google (as the operator of the Google play store) or other providers
(collectively „App Store Operators“). In the event of any conflict, these App GTC
will take precedence over the App Store Operators’ terms of use as regards the
relationship between MyFS and the Fan (as defined below). However, the App
Store Operators are entitled to assert the rights arising from their terms of use
directly towards the Fans.
2. DEFINITIONS
In these App GTC, the following terms will have the meanings ascribed to them
here, except where set forth otherwise.
2.1 „Blockchain“ means the blockchain or comparable technology named in the App
for the particular Token offered.
2.2 „Creator“ means third parties related to a Medium, such as holders of the rights
(e.g., sports clubs and associations, as well as athletes).
2.3 „Medium “ means the Medium associated with the NFT, for example graphics, a
3D object, or a video.
2.4 „Token“ means the contractual, unique, and transferable Token in the Blockchain.
2.5 „Wallet“ means software included in the App that enables a Fan to manage their
Private Keys (as defined below) and thereby dispose of Tokens.
3. USE OF THE APP
3.1 The use of the App is exclusively permitted to natural persons who do not have a
commercial profit-making motive (gewerbsmäßige Gewinnerzielungsabsicht)
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through the use of the App, the acquisition, the sale, or any other use of Tokens
(„Fans“).
3.2 A requirement for the use of the Services is that the Fan has an end device that
corresponds to the current state-of-the-art technology and meets the relevant
specifications stated as a minimum requirement in the respective app store.
Furthermore, the use of the Services requires that the Fan has an internet connection
that provides a sufficient data transfer rate as well as sufficient storage space on the
Fan’s end device, e.g., for downloading and watching videos.
3.3 Provided it is not deemed unreasonable for the Fan, MyFS reserves the right to
adapt the Services to market conditions and to continuously improve, expand,
change, and delete all or part of the Services.
3.4 The Fan must keep the end device used to access the Services up to date.
4. REGISTRATION
4.1 MyFS’s offer is only available to Fans who have reached the age of 18.
4.2 The requirement for the use of the App is that the Fan registers with the mandatory
details stated in the App, in particular with their email address and a password of
their own choice. Registration is free. All data must be complete and correct.
4.3 It is not permitted to log in and register using different email addresses. Each Fan
can only register once to use the App. Following termination of the App Contract
in accordance with clause 11, a Fan may re-register with the App, unless the App
Contract has been terminated by MyFS.
5. WALLET
5.1 For the acquisition, sale and otherwise potential use of Tokens via the App, each
Fan needs a Wallet. The Wallet can be accessed via the MyFS App where the
instructions on how to use it are also available.
5.2 The Tokens are transferred to the Wallet of the respective Fan. The Wallet contains
a cryptographic key with which the Fan can dispose of the Tokens („Private Key“).
Neither the Creator nor MyFS have access to the Private Key.
5.3 The Fan must ensure that the Wallet, any associated passwords, the Private Key,
and any recovery identifiers (seeds) (together „Wallet Access Data“) are secured
against access by third parties by means of the appropriate technical and
organisational measures. The Fan is aware that any person who is in possession of
the password for their Wallet or who has access to their mobile phone may misuse
the Wallet under their name. In particular, in order to protect the password, the Fan
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must not store it electronically in an unsecured manner and must prevent it from
being spied on when entering the password. If the Fan discovers that another person
has knowledge of their password or if the Fan suspects this, they must change the
password without undue delay.
5.4 The Fan is aware that they are solely responsible for the control of their Wallet and
that the loss of control of the Wallet may result in the need for a new registration in
the App, that the rights to a Token can no longer be proven and that Tokens can no
longer be disposed of. MyFS has no responsibility whatsoever for the Wallet and
cannot recover lost Wallet credentials.
6. OBLIGATIONS OF THE FAN
6.1 The Fan is obliged to use the Services properly and to only use them in accordance
with the applicable law of the country in which the App is provided or used, and in
particular, to
6.1.1 treat their access data to the App, as well as the Wallet Access Data,
confidentially, not to pass this information on or disclose it to third parties (in
particular other persons within their organisation or company) and to protect this
information from intentional or accidental communication by third parties. Third
parties must not be allowed to use the access data. The Fan guarantees that they
will not allow third parties unauthorised use of this access data;
6.1.2 inform MyFS without undue delay if the Fan has reason to believe that third
parties have gained knowledge of their access data, or if there are other indicators
of unauthorised use of their access data;
6.1.3 not take any action aimed at circumventing technical protection measures in the
App and to refrain from any form of unauthorised use of the Services, in
particular attempts to overcome or circumvent the App’s security mechanisms or
otherwise disable them, to use computer programs that enable the automatic
reading of data, and to use/insert and/or disseminate viruses, worms, trojans,
brute force attacks, spams or links, programs or procedures that are likely to
harm MyFS, the App and/or other Fans;
6.1.4 take all necessary and reasonable steps to prevent or limit any damage caused by
the use of the Services;
6.1.5 be respectful and courteous, to respect the opinions of others, not to be
defamatory, threatening, intimidating, and not to use harassing, racist, immoral,
abusive, insulting, or offensive behaviour;
6.1.6 not to use any materials (e.g., texts, pictures, films, video clips) or to disseminate
any information that
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6.1.6.1 have criminal content;
6.1.6.2 constitute hatred, intolerance, violence, discrimination, or any other form of
disregard for the rights of third parties or otherwise violate the rights of third
parties, in particular no offensive or derogatory material relating to gender,
race, religion, skin colour, origin, age, physical or mental disability, medical
condition or sexual orientation;
6.1.6.3 infringe the rights of third parties (in particular copyrights, publication rights,
patents, trademarks, service marks, trade names, trade secrets or other
intellectual property rights);
6.1.6.4 are associated with gambling activities;
6.1.6.5 violate a person’s privacy;
6.1.6.6 are otherwise unlawful or unreasonable.
6.1.7 not disseminate any mass or promotional messages or marketing or advertising
activities through the App unless expressly permitted in writing by MyFS.
6.2 The Fan will notify MyFS without undue delay upon becoming aware of any Fan
Content (as defined below) or activity by a Fan on the App that breaches clause 6.1.
6.3 The Fan is aware that any Fan Content (as defined below) will be published within
the App and will, therefore, be viewable by third parties.
6.4 Any breach of this clause may result in immediate exclusion from using the App
and the institution of civil and criminal proceedings and claims for damages by
MyFS against the Fan.
7. GRANTING OF RIGHTS
7.1 If the Fan provides content, in particular text, images or videos („Fan Content“)
within the App, the Fan grants MyFS free of charge at the time of providing the Fan
Content – and MyFS accepts this – the non-exclusive, transferable and sublicensable right, unlimited in terms of time, space and content, to realise the Fan
Content for the purposes of the functions provided in the App, in particular, to make
it accessible to other Fans in the App and to the public, as well as to store, reproduce
and edit it if necessary.
7.2 The Fan confirms and assures that they are entitled to grant MyFS the
abovementioned rights and that Fan Content does not infringe the rights of third
parties, any statutory provisions, or principles of morality (e.g., through its content,
visual design or intended use).
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8. PROVISION OF SERVICES; MAINTENANCE AND SERVICE
8.1 The Services are provided free of charge, unless it is expressly stipulated in the App
that a Service is only provided in individual cases against payment of a fee, which
can either be in euros, another national currency or in Tokens approved for this
purpose by MyFS.
8.2 The Fan’s right to use the Services is limited to the term of this App Contract, is
revocable, non-exclusive, non-sublicensable and non-transferable.
8.3 MyFS reserves the right to technically provide marketplaces, which are sometimes
Creator-specific, operated by MyFS or a Creator, and through which Creatorspecific Tokens can be issued to Fans and resold to other Fans.
8.4 In the event of any defects in the Services, MyFS is entitled to provide an updated
version of the App in the relevant app store and the Fan is obliged to install such
updated version on its end device.
8.5 If the App is expressly provided for testing and evaluation purposes only, the Fan
acknowledges that the App may not perform as expected.
8.6 The Fan acknowledges that all enhancements provided by MyFS are the sole
property of MyFS, even if they are the result of feature requests or bug reports from
Fans.
8.7 MyFS will facilitate the use of the App within the current state-of-the-art
technology and endeavour to ensure the greatest possible availability. MyFS
reserves the right to temporarily restrict access to the App or the ability to use it, in
whole or in part, if this is necessary due to capacity limits or the security or integrity
of the servers, or in order to carry out technical measures that serve the proper
provision of the Services or improvement (e.g., for maintenance work). Where
possible, MyFS will perform maintenance on the App during the hours after 8pm
and before 8am German time.
8.8 MyFS has no obligation to provide updates or upgrades for the App or to adapt the
App in any other way to possible changes to hardware and/or software (in particular,
operating systems).
9. WARRANTY AND LIABILITY
9.1 MyFS gives no guarantees and assumes no warranties with respect to the App. Any
such promises by MyFS employees are invalid.
9.2 MyFS is not liable for deviations from the agreed quality of the App and for any
conflicting rights based on use which are in breach of contract or for any
unauthorised modifications made by the Fan or third parties.
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9.3 In any case of simple negligence each party is liable for the breach of a contractual
obligation which gives distinction to the App Contract and on which the Fan may
rely on (essential obligation) and limited to the typical and foreseeable damage
only. Sentence 1 does not apply to culpable damage to life, body or health nor in
cases of mandatory liability including without limitation liability for cases in which
a procurement risk or a guarantee for damages has been assumed, indemnification
obligations, liability under the Product Liability Act, liability under the GDPR or
where a defect is fraudulently concealed. Subject to liability for intent, liability for
indirect loss is excluded.
9.4 Claims for damages against MyFS pursuant to clause 9.3 sentence 1 will become
time-barred two years after they have arisen unless a case of clause 9.3 sentence 2
exists. If a defect has become apparent within the limitation period, the limitation
period shall not commence before the expiry of four months after the date on which
the defect first became apparent.
9.5 The liability of the parties pursuant to clause 9.3 sentence 1 is limited to a total of
EUR 100,000 for all losses incurred.
10. INDEMNITY
The Fan undertakes to fully indemnify MyFS against any claims made by third
parties based on an infringement of rights attributable to the Fan, unless the Fan can
prove that they are not responsible for the breach of duty causing the damage.
11. CONTRACTUAL TERM
Unless otherwise agreed, e.g., in the respective app store, the contract is concluded
for an indefinite period of time and may be terminated by either party at any time
without notice in text form or by deactivating the Services.
12. DATA PROTECTION
The privacy notices of MyFS can be found at [•]; they are not the subject of this
contract.
13. CHANGES TO THESE APP GTC
Changes to these App GTC will be notified to the Fan either via the App or by email
to the Fan’s email address on file with MyFS. The Fan can agree or disagree with
the changes. Provided the proposed changes do not affect the main contractual
obligations or charges for these main service obligations, the Fan’s consent to the
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changes to the App GTC is deemed to have been given if MyFS has offered the
changes to the Fan at least two months before the date on which they take effect,
and the Fan has not objected to the changes within this period. MyFS will draw the
Fan’s attention to this separately in an announcement of the changes to the App
GTC. Changes to the main contractual obligations require the express consent of
the Fan to become effective.
14. MISCELLANEOUS
14.1 The App Contract reflects the agreements made between the parties in full; no
ancillary agreements have been made. All Services and offers of MyFS in
connection with the App are provided exclusively based on this App Contract.
14.2 The App Contract and its interpretation, as well as all non-contractual obligations
in connection with it are subject to German law. The UN Convention on Contracts
for the International Sale of Goods (CISG) is excluded.
14.3 The App Contract is subject to the jurisdiction of the courts in Germany unless any
statutory national consumer protection provisions in the country in which the Fan
is domiciled or habitually resident prevail in their favour. If the Fan moves their
domicile or habitual residence outside the area of application of German law after
concluding the contract, or their domicile or habitual residence is not known at the
time legal action is brought, the Frankfurt Regional Court will have jurisdiction.
14.4 Should individual provisions in this contract be or become void or invalid in whole
or in part, this will not affect the validity of the other provisions. The provisions of
statutory law (section 306 (2) German Civil Code (BGB)) will apply instead of any
standard business terms that are not included or are invalid. In all other respects,
the parties will agree on a valid provision to replace the void or invalid provision
which comes as close as possible to the void or invalid provision, provided that
supplementary interpretation of the contract does not take precedence or is possible.
The same applies in the event of an omission.
14.5 The European Commission has set up a European Online Dispute Resolution
(ODR) platform at http://ec.europa.eu/consumers/odr/. MyFS does not participate
in dispute resolution proceedings with any dispute resolution body.
14.6 In case of conflicts between the German and the English version of the App GTC,
the German version prevails.
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