Please read these terms and conditions carefully before using Our Platform.

1. Definitions

For the purposes of these Terms and Conditions (regardless of whether they appear in singular or in plural):

• Application means the software program provided by Footbao downloaded by You on any electronic device, named ‘footbao’.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Platform or parts thereof.
• Footbao (referred to as either “the Company“, “We“, “Us” or “Our” in these Terms and Conditions) means footbao.world ag, Baarerstrasse 50, 6300 Zug, Switzerland, registered in the Commercial Register of the Canton of Zug under CHE-169.484.105.
• Content refers to content such as videos, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Platform.
• In-app Purchase refers to the purchase of a product, item, service or subscription made through the Platform and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
• Platform means the Application and the Website collectively, accessed via any platform or device.
• Promotions refer to contests, sweepstakes or other promotions offered through the Platform.
• Terms and Conditions (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and Us regarding the use of the Platform.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Platform.
• Website means Footbao’s website (www.footbao.app).
• You means the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

2. General

These are the Terms and Conditions governing the use of, and the access to, the Platform and the agreement that operates between You and Footbao. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.

The Platform allows You to post Content, in particular in relation to football, and interact with the content of other users of the Platform.

Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Platform. You form a contract with Footbao when You confirm that You accept these Terms and Conditions or when You otherwise use the Platform.

By accessing or using the Platform You agree to be bound by these Terms and Conditions and You confirm that You can form a binding contract with Us. If You disagree with any part of these Terms and Conditions then You may not access the Platform.

Your access to and use of the Platform, and the collection and processing of personal data about You, is also conditioned on Your acceptance of and compliance with the Footbao Privacy Policy (the “Privacy Policy”), which forms an integral part of these Terms and Conditions. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal data when You use the Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform. By accessing or using the Platform and thereby accepting these Terms and Conditions, You declare to have read and understood, and consent to, the terms of Our Privacy Policy.

3. Minimum Age

You represent that You are over the age of 10 (Footbao does not permit the use of the Platform for those under the age of 10 and We will terminate that user’s account if We learn that someone under 10 is using the Platform). In certain jurisdictions, the minimum age may be higher due to local legal requirements in which case such requirements shall apply. 

If You are over the age of 10 but below the age of 13, You must only use and access the Platform together with Your parent or guardian and You are not permitted to use and/or access the Platform (including the opening of an account as well as posting and sharing of Content (as defined below)) without Your parent or guardian present. If You are over the age of 13 but below the age of 18, You require the approval of Your parent or guardian to use and access the Platform. Please make sure that Your parent or guardian has reviewed and discussed these Terms and Conditions with You before using and accessing the Platform. In certain jurisdictions due to local regulatory requirements, below a certain age You moreover are only allowed to access and use the Platform if Your parent or guardian assists or represents You for the registration of an account on the Platform.

By accepting these Terms and Conditions You confirm that You have obtained the approval and consent from Your parent or guardian to the access to and the use of the Platform and the acceptance of these Terms and Conditions and that You are in full compliance with the age requirements of these Terms and Conditions as well as the local regulatory requirements of the country of Your residence.

4. In-app Purchases

The Application may include In-app Purchases that allow You to buy products, services or subscriptions.

More information about how You may be able to manage In-app Purchases using Your Device may be set out in the Application Store’s own terms and conditions or in Your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If You make a In-app Purchase, that In-app Purchase cannot be cancelled after You have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, We will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where You downloaded the Application and are governed by that Application Store’s own terms and conditions.

If You have any payment related issues with In-app Purchases, then You need to contact the Application Store directly.

5. Promotions

Any Promotions made available through the Platform may be governed by rules that are separate from these Terms and Conditions.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

6. User Accounts

Using the Platform requires the opening of an account. We may offer different types of accounts. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times and, if the information provided changes after registration, the User is obliged to update the information in the account immediately. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on Our Platform. An account on the Platform is not transferable without Our prior consent.

You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with Our Platform or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

7. The Platform & Content

   1. The Platform & Your Right to Post Content

Our Platform allows You to create, post and share Content, in particular in relation to football. You may view and interact with the content posted or shared by other users on the Platform and use the features and functionality on the Platform as provided to You from time to time. 

You are fully responsible for the Content that You post to the Platform, including its legality, reliability, and appropriateness.

By posting Content to the Platform, You grant Us the right and non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, host, store, process, modify, adapt, translate, publicly perform, publicly display, publish, create derivative works from, reproduce, and distribute such Content on and through the Platform. You retain any and all of Your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Platform, who may also use Your Content subject to these Terms and Conditions.

Any Content will be considered non-confidential. You must not post any Content on or through the Platform that you consider to be confidential or proprietary to any other person.

You represent and warrant that: (i) the Content is Yours (You own it or you are duly authorized to submit) or You have the right to use it and grant Us the rights and license as provided in these Terms and Conditions, (ii) the posting of Your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) You do not undertake any activity which disrupts, places unreasonable burdens or excessive loads on, interferes with or attempts to gain unauthorized access to the Platform, Our computer systems, servers or networks. 

1. 2. Content Restrictions

Footbao is not responsible for the content of the Platform’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit, and You represent and warrant that Your Content is not, any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, harassing, threatening, deceptive, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Harmful content (such as content that causes physical, mental or moral detriment to minors).
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing, linking to, or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Contain any link directly or indirectly to any other websites which include any content that may violate these Terms and Conditions.
• Infringing on or violating of any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, contractual right, or other rights.
• Impersonating any person or entity including Footbao and its employees, directors, officers, Affiliates, or representatives.
• Violating the privacy of any third person.
• False information and features.
• Violating these Terms and Conditions or any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations.

Footbao reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms and Conditions, refuse or remove this Content. Footbao further reserves the right to make formatting and edits and change the manner of any Content. Footbao can also limit or revoke the use of the Platform if You post such objectionable Content. As Footbao cannot control all content posted by users and/or third parties on the Platform, You agree to use the Platform at Your own risk. We do not endorse or make any representations or warranties of any kind with respect to any content posted by users and/or third parties on the Platform and/or any statements, ideas, advice or opinions communicated on, through or in connection with the Platform (whether online, offline, or otherwise) by any user or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You understand that by using the Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Footbao be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

1. 3. Content Backups

Although regular backups of Content are performed, Footbao does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Footbao will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Footbao has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform.

1. 4. Marketing

We may promote the Platform and may provide third parties with access to Your Content for marketing purposes.

We have the right to technically process any of Your Content in such a way that it can be displayed on all sorts of mobile devices or software applications of Us or third parties

8. Copyright Policy

   1. Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at footbaomaster@firstconsulenza.com and include in Your notice a detailed description of the alleged infringement. 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

1. 2. DMCA Notice and DMCA Procedure for Copyright Infringement Claims

If You are a United States citizen, You may have a right to submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at footbaomaster@firstconsulenza.com. Upon receipt of a notification, Footbao will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.

9. Intellectual Property

The Platform and its original content such as text, images, information, video, audio, data, graphics, computer code, software, and other material (excluding, however, Content provided by You or other users of the Platform), features and functionality are and will remain the exclusive property of Footbao and its licensors.

The Platform is protected by copyright, trademark, and other laws of both Switzerland and foreign countries. In relation between You and Us, We own, solely and exclusively, all rights, title, and interest in and to the Platform, the look and feel, design and organization of to the Platform, and the compilation of all content on the Platform (other than Content), including all copyrights, trademark rights, trade secrets, patent rights, database rights, and any other intellectual property and proprietary rights therein.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Footbao.

These Terms and Conditions do not grant You any ownership over any content on the Platform (other than the Content provided by You), or any intellectual property rights in any content on the Platform (other than the Content provided by You).

You represent and warrant not to make any copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on the Platform, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform.

10. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide to Us. If for any reason such assignment is ineffective, You agree to grant Footbao a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

11. Links to Other Websites

Our Platform may contain links to third-party websites or services that are not owned or controlled by Footbao. Such links and information are provided for convenience and do not constitute or imply any endorsement, sponsorship, or recommendation by Footbao of the third party, the third-party website, or the information contained therein. Footbao is not responsible or liable for the accuracy and availability of any such website or the content therein

Footbao has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Us. You further acknowledge and agree that Footbao shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

12. Termination

We reserve the right to terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions, or if activities occur on Your account which, in Footbao’s sole discretion, could cause damage to the Platform or infringe or violate any third-party rights or violate any applicable laws. Further, We reserve the right to delete any account of incomplete registrations after a reasonable period of time. The same applies to accounts that have not been used for a longer period, upon respective notification to the respective user.

We may temporarily restrict the Platform and/or access to Your account if this is necessary with regard to the security or integrity of the servers or for the implementation of technical measures or maintenance work.

Upon termination, Your right to use the Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Platform. If You no longer want to use the Platform and would like Your account deleted, contact Us at: footbaomaster@firstconsulenza.com or delete the account in the Application. Once an account is deleted, You will not be able to reactivate Your account or retrieve any of the added content or information.

13. Limitation of Liability

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF FOOTBAO AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE PLATFORM OR USD 100 IF YOU HAVEN’T PURCHASED ANYTHING THROUGH THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOOTBAO OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, LOSS OF CONTENT OR PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PLATFORM, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE PLATFORM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS). WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST FOOTBAO ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE PLATFORM, INCLUDING ANY INFORMATION AND CONTENT ON THE PLATFORM OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THE PLATFORM INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION).

14. “AS IS” and “AS AVAILABLE” Disclaimer & Disclaimer of Warranties

THE PLATFORM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOOTBAO, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, FOOTBAO PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER FOOTBAO NOR ANY OF FOOTBAO’S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE PLATFORM, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE PLATFORM, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF FOOTBAO ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY, COMPUTER PROGRAMMES TO ACCESS THE PLATFORM.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

15. Indemnification

You agree to indemnify, defend and hold Footbao, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Platform in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of Your representations and warranties set forth herein and/or if any of the Content that You post on the Platform causes Footbao to be liable to others. Footbao reserves the right to defend any such claim, and You agree to provide Us with such reasonable cooperation and information as We may request. 

16. APPLICATION STORES

The Platform may be accessed through and downloaded in different Application Stores. To the extent permitted by applicable law, the following supplemental terms shall apply:

Apple App Store. By accessing the Platform through a device made by Apple, Inc. (“Apple”), You specifically acknowledge and agree that:

• These Terms and Conditions are between Footbao and You; Apple is not a party to these Terms and Conditions.
• The license granted to You hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that You own or control, subject to the usage rules set forth in Apple’s App Store Terms of Services.
• Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
• In the event of any failure of the Platform to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Platform, if any, to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
• Apple is not responsible for addressing any claims by You or a third party relating to the Platform or Your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Platform or Your possession and use of the Platform and/or the Services infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
• You represent and warrant that (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third party beneficiaries of these Terms and upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary hereof.

Google Play Store. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its Affiliates (“Google”), You specifically acknowledge and agree that:

• to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms and Conditions, the Google Play Terms shall apply with respect to Your use of the Platform that You download from Google Play, and
• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or noncompliance by Footbao or You (or any other user) under these Terms and Conditions or the Google Play Terms.

17. MISCELLANEOUS

    1. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unenforceable or invalid, it will not impact any other provision of these Terms and Conditions, all of which will remain in full force and effect. The invalid or unenforceable provision(s) shall be replaced and interpreted by such provision(s) We would, acting reasonably, have implemented if been aware of the invalidity or unenforceability of the provision to be replaced.

1. 2. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

1. 3. Entire Agreement

These Terms and Conditions constitute the entire agreement between You and Us with respect to the use of the Platform.

18. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute. 

19. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide prior notice to any new terms taking effect such as through a notice on our Platform, however, You should look at the Terms and Conditions regularly to check for such changes. What constitutes a material change will be determined at Our sole discretion. We will also update the “Last Updated” date at the end of these Terms and Conditions, which reflect the effective date of such Terms and Conditions.

By continuing to access or use Our Platform after those revisions become effective, You unconditionally agree to be bound by the revised Terms and Conditions. If You do not agree to the new Terms and Conditions, in whole or in part, please stop using the Platform.

20. Governing Law and Jurisdiction

Subject to any applicable mandatory local law (such as consumer protection laws), any and all disputes or claims (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, Your use of the Platform are governed by, and will be interpreted in accordance with, the substantive laws of Switzerland to the exclusion of its conflict of law rules and any international treaties.

If You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting Us, and We will first try and resolve it with You amicably. If We cannot resolve such dispute, exclusive jurisdiction for any dispute which may arise under or in connection with these Terms and Conditions or the Platform shall be the ordinary courts at the registered seat of Footbao.

21. Contact Us & Last updated

If You have any questions about these Terms and Conditions, You can contact Us by email to footbaomaster@firstconsulenza.com. 

Last updated: September 8, 2022