Terms of Service

Please read these terms carefully before using this app

1. Introduction, Purpose and Scope

1.1 These Terms of Service ("Terms") govern your access to and use of the mobile application known as FANBA (the "App"), which is owned and operated by FANBA FC Limited ("we", "us" or "our"). These Terms constitute a legally binding agreement between you and us and apply to all users of the App, regardless of whether you register an account, access free features, or use paid or verified services.

1.2 The App is a digital sports fan engagement platform, amongst other functionality, it is designed to provide entertainment, informational content and interactive features, including but not limited to the ability to provide users with the ability to make predictions, be scored on their performance and be compared against other users. The App enables virtual scoring systems, leaderboards, AI-powered insights, content sharing and community interaction. The App does not provide gambling, betting, wagering or financial services, and no feature of the App should be interpreted as such.

1.3 These Terms apply to all interactions between you and us in connection with the App, including but not limited to account creation, verification, content submission, participation in scoring systems, use of AI features, purchases, moderation decisions, suspension or termination, and any communications between you and us.

1.4 By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms in full. If you do not agree to any part of these Terms, you must immediately stop using the App and remove it from your device.

1.5 The App is provided for entertainment. Participation in scoring systems, predictions, leaderboards, or Virtual Items does not constitute gambling, betting, wagering, or financial trading, and no Virtual Items, coins, tokens, or other rewards have monetary value. Users acknowledge that all competitions are based on skill, knowledge, and engagement within the App.

2. Company Information and Communications

2.1 FANBA FC Limited is a company incorporated in England and Wales under company number 17094800, with its registered office at 272 Regents Park Road, London N3 3HN.

2.2 You may contact us regarding these Terms or the App by emailing motty@fanba.co.uk. We aim to respond within a reasonable period but do not guarantee response times.

2.3 We may communicate with you electronically for contractual, administrative, operational or legal purposes, including notifications about your account, changes to features, security updates, or amendments to these Terms. Such communications form part of your use of the App.

2.4 You acknowledge and agree that electronic communications satisfy any legal requirement for communications to be made in writing.

3. Eligibility, Age and Legal Capacity

3.1 The App is intended solely for individuals who are at least 13 years old. Users between 13 and 18 years old may only use the App under the supervision or with the consent of a parent or legal guardian. By using the App, you represent and warrant that you meet these requirements and have the legal capacity to enter into a binding contract under English law.

3.2 The App is not directed at children, and we do not knowingly permit individuals below the minimum age to register or use the App. We do not intentionally collect personal data from individuals who do not meet the age requirements.

3.3 If we reasonably believe that an account has been created or used by an individual who does not meet the age or capacity requirements, we reserve the right to suspend or permanently delete that account and any associated data, content, scores or Virtual Items without notice or compensation.

3.4 Parents or legal guardians remain solely responsible for monitoring and controlling access to devices on which the App is installed and for preventing unauthorised or inappropriate use by minors.

3.5 The App collects and processes personal data, including data used for AI-enabled features, leaderboard scoring, and engagement analytics. Processing is carried out in accordance with the UK General Data Protection Regulation ("UK GDPR") and applicable data protection laws.

3.6 Users have statutory rights under the UK GDPR, including the right to request access to, rectification or erasure of, and to object to or restrict the processing of, their personal data.

3.7 Users acknowledge and agree that their username, public profile information, leaderboard positions, scores, and engagement metrics may be displayed within the App as part of its core functionality.

3.8 Where any such data is disclosed or made available outside the App, including via social media platforms, websites, or promotional or marketing materials, it shall be disclosed only in anonymised or pseudonymised form. Such data will be processed so that individuals are not directly identifiable, and pseudonymised data will be subject to appropriate technical and organisational measures in accordance with Article 32 of the UK GDPR.

3.9 Personal data will be stored only for as long as necessary to provide, maintain, or improve App features, comply with applicable law, or fulfil other purposes described in the Privacy Policy. Personal data will not be shared with third parties except where: (i) necessary for the provision, maintenance, or improvement of App features; (ii) required to comply with applicable law or a lawful request from a competent authority; or (iii) otherwise described in the Privacy Policy. No personal data identifying individual users will be shared for external promotional purposes.

4. Acceptance and Duration

4.1 These Terms apply from the moment you first access the App and continue for as long as you use the App or maintain an account with us.

4.2 By continuing to use the App, you confirm your ongoing acceptance of these Terms, including any updates made in accordance with Section 6.

4.3 If you do not agree to these Terms or any updated version of them, your sole remedy is to stop using the App and close your account.

5. Policy and Contractual Hierarchy

5.1 Compliance with any policies is a condition of your continued access to and use of the App, and any breach of any policy constitutes a breach of these Terms.

5.2 In the event of any inconsistency between these Terms and an incorporated policy, the document most directly relevant to the subject matter shall prevail.

5.3 We may update any incorporated policy independently of these Terms, and continued use of the App constitutes acceptance of those updates.

6. Changes to the App and These Terms

6.1 We may amend these Terms at any time to reflect changes in law, regulatory guidance, App functionality, business and App names, practices or risk management requirements.

6.2 Where changes are material, we will take reasonable steps to notify users through in-App notifications or similar means before the changes take effect.

6.3 We reserve the right to modify, suspend, discontinue or replace any aspect of the App, including features, scoring systems, AI functionality or availability, at any time and without liability.

6.4 Continued use of the App after updated Terms come into effect constitutes acceptance of those revised Terms.

7. Account Creation, Accuracy and Security

7.1 To access certain features, you must create an account and provide information that is accurate, complete and up to date. You must not impersonate another person or misrepresent your identity.

7.2 You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your account, whether authorised by you or not.

7.3 You must notify us immediately if you suspect unauthorised access to your account. We may suspend access while investigating security issues.

7.4 We are not responsible for any loss or damage arising from your failure to safeguard your account credentials or comply with this section.

8. User Categories and Verification

8.1 The App recognises three categories of users:

• Fans: general participants engaging in predictions, scoring, and social features. We will have sole discretion in deciding whether a user fits into this category or not.
• Journalists: including users acting in a journalistic, editorial, publishing, or content-creation capacity, whether on behalf of a media organisation or in an independent or self-employed capacity (including sole traders, freelancers, and content creators), who may be granted access to additional tools, features, or visibility within the App. We will have sole discretion in deciding whether a user fits into this category or not.
• Players: The individuals participating in sporting, competitive, or performance-based activities in a professional, semi-professional or amateur capacity, including professional athletes, semi-professional athletes, esports professionals, and team representatives (including managers, coaches, agents, or other authorised delegates), who may be granted enhanced access, features, privileges, or visibility within the App. We will have sole discretion in deciding whether a user fits into this category or not.

8.2 Journalists and Players must undergo verification by the App ("Verified Users") and provide accurate, truthful, and complete information upon request. Verification may include submission of identification, credentials, or other documentation.

8.3 Verification is granted at the sole discretion of the App and may be withdrawn, suspended, or revoked at any time if eligibility criteria are no longer met or provided information is obsolete, inaccurate or misleading. Users acknowledge that verification decisions are final and may not be appealed. Verification may expire pursuant to our sole discretion, and we have the right to ask for reverification at any time.

8.4 Verified Users (Journalists and Players) are required to provide any information reasonably requested by the App to complete or maintain verification status. Failure to provide requested information may result in suspension, removal of verification status, or restricted access to features.

9. Acceptable Use and Prohibited Conduct

9.1 You agree to use the App lawfully, responsibly and in accordance with these Terms and all applicable laws and regulations.

9.2 You must not engage in conduct that interferes with the integrity, fairness, security or proper functioning of the App, including manipulation of scoring systems, misuse of AI features or technical exploitation.

9.3 You must not upload or share content that is unlawful, misleading, defamatory, abusive, infringing or otherwise objectionable. You must not upload any malicious code or viruses. Users must not attempt to manipulate the App, scoring systems, leaderboards, AI Features, or Virtual Items in any way, including but not limited to the use of bots, scripts, automated tools, collusion with other users, or any technical exploits. We reserve the right to suspend, adjust, or terminate accounts, scores, or leaderboard positions for any suspected breach of this clause without prior notice or compensation.

9.4 We reserve the right to investigate suspected breaches and to take enforcement action, including suspension or termination, without prior notice.

9.5 Players are prohibited from making any type of prediction on the team and/or club that they play and/or work for.

10. User Content, Moderation and Platform Discretion

10.1 By submitting content, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, store, reproduce, modify, distribute and display that content in connection with the operation, promotion and development of the App.

10.2 You represent and warrant that you have all necessary rights to submit the content and that it complies with applicable law and these Terms.

10.3 We may moderate, remove or restrict content at our discretion, but do not guarantee pre-screening of all content.

10.4 We are not responsible for user-generated content and do not endorse opinions expressed by users.

10.5 Users must not submit, upload, post, or otherwise make available any content that is unlawful, infringing, defamatory, misleading, or otherwise objectionable, or that is obscene, abusive, threatening, harassing, or hateful. This includes, without limitation, content that is sexually explicit, pornographic, or intended to cause sexual offence, as well as content containing excessive, aggressive, or offensive profanity or foul language.

10.6 Users must respect the intellectual property rights of third parties and must not upload, post, or share any content that infringes or misappropriates any copyright, trademark, database right, moral right, or other proprietary or intellectual property right of any third party.

10.7 Users agree to indemnify the App operator against any reasonable claims, losses, or costs (including legal fees) arising directly from their submission of content in breach of these Terms.

10.8 The App reserves the right to remove or restrict any user-submitted content at its discretion, including content that violates these Terms or applicable law. Users acknowledge that moderation decisions are final.

11. Intellectual Property Rights

11.1 All intellectual property rights in and to the App, including software, code, databases, algorithms, models, designs, interfaces, trademarks, logos, text and audiovisual materials, are owned by or licensed to us and are protected by intellectual property laws worldwide.

11.2 Except as expressly permitted, nothing in these Terms grants you any right, title or interest in or to the App or its intellectual property, and all rights not expressly granted are reserved.

11.3 Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes only.

11.4 You must not copy, modify, distribute, reverse engineer, scrape or otherwise exploit the App or its intellectual property without our prior written consent.

11.5 Any feedback you provide may be used by us without restriction or compensation.

11.6 Statutory rights under the copyright law of England and Wales remain unaffected where they cannot be lawfully excluded.

12. Virtual Items, Scoring Systems and Leaderboards

12.1 The App may award virtual points, xC scores, coins, badges, or other digital rewards (collectively, "Virtual Items") to users as a means of incentivising engagement and participation in App activities. Virtual Items are entirely intangible and exist solely within the App environment. They do not confer any rights, ownership, or financial value outside of the App, and they cannot be exchanged, sold, or redeemed for cash, goods, services, or any other consideration.

12.2 Virtual Items are designed to encourage fair competition, engagement, and enjoyment within the App, and their issuance is governed by proprietary algorithms and internal systems. Users acknowledge that the mechanisms behind these awards, including calculation of scores, frequency of rewards, leaderboard placement, and correction of errors or detection of abuse, are entirely within our discretion. All leaderboard rankings are provisional and may be adjusted to ensure fairness and integrity of competitions.

12.3 All determinations regarding Virtual Items, scoring systems, leaderboards, or ranking are final and binding. Users may not dispute allocations, challenge scoring calculations, or demand modification of leaderboard outcomes. We retain absolute discretion to monitor, investigate, and correct errors, abuse, or manipulation of Virtual Items to maintain fairness and integrity within the App.

12.4 We reserve the right to modify, suspend, reset, or discontinue Virtual Items, scoring systems, leaderboards, or related engagement features at any time for operational, legal, or commercial reasons. Users accept that such changes may affect previously earned Virtual Items, leaderboard positions, or visibility within the App and agree that no compensation, refund, or other remedy will be due as a result of such modifications.

12.5 Users acknowledge and agree that Virtual Items and leaderboards are provided for entertainment purposes only. While they are intended to enhance enjoyment and interaction, they do not represent legal, financial, or gambling instruments, and participation in any activity that generates Virtual Items is entirely voluntary.

12.6 The App may incorporate sports data sourced from third-party providers under licence. While we pay for and maintain these licences to provide accurate information, we do not guarantee that imported data is free from errors or omissions. The App retains sole discretion to verify, validate, or correct any imported data, predictions, or event results, and such determinations are final and binding. Users may not dispute the accuracy or completeness of third-party data, nor the outcomes of any related scoring or Virtual Item allocations.

12.7 By participating in the App, users acknowledge and agree that the App may share usernames, public profile information, leaderboard positions, scores, or other engagement metrics externally, including but not limited to social media platforms such as Instagram, Facebook, TikTok or Twitter.

12.8 The App may establish rules governing competitions, scoring, prediction submissions, Virtual Items, leaderboards, and other features. The App retains sole discretion to modify, suspend, or discontinue any rules at any time, including retroactively if necessary, and may do so without prior notice to users. Users acknowledge that participation in the App constitutes acceptance of these rules as modified.

12.9 Users acknowledge that all allocations of user scores, Virtual Items, and leaderboard positions are determined solely by the App. Users may not dispute, appeal, or challenge these allocations in any forum, and all decisions of the App regarding scoring or ranking are final and binding.

13. AI-Powered Features

13.1 The App may include AI-powered functionality, including but not limited to guidance, analysis, predictions, reminders, news aggregation, summaries, and task management tools ("AI Features"). AI Features are designed to assist and engage users by providing supplemental insights and suggestions based on available App data, user behaviour, and third-party information.

13.2 AI outputs are inherently probabilistic and are generated using proprietary and/or third-party algorithms. AI Features are provided for entertainment and informational purposes only and may be inaccurate, incomplete, delayed, or subject to change at any time. Users acknowledge that AI outputs do not guarantee competitive success, leaderboard position, or any reward, and do not constitute professional advice, recommendations, or financial guidance.

13.4 The functionality, availability, accuracy, and scope of AI Features may change without notice. We may modify, suspend, or permanently remove AI Features at any time for maintenance, improvements, legal compliance, commercial or operational reasons. Users agree that such modifications do not constitute a breach of these Terms and do not entitle them to compensation.

13.5 AI Features may use aggregated, anonymised, or pseudonymised user data to improve functionality. Users consent to the collection and processing of such data in accordance with our Privacy Policy. No personally identifiable information will be shared with third parties through AI outputs, except where required by law or as necessary under third-party service agreements.

14. Purchases, Subscriptions and Payments

14.1 The App may offer paid features, subscriptions, in-App purchases, or token-based transactions, which may be applicable to the rules of the relevant app store. Users agree that these purchases are optional and are subject to these Terms.

14.2 Prices, features, promotions, and availability of paid options may change at any time without notice, and we reserve the right to modify or discontinue any paid feature for operational, regulatory, or commercial reasons. Users acknowledge that such changes do not create any entitlement to refunds, compensation, or continued access.

14.3 Payments are processed through authorised third-party payment providers, and users are responsible for providing accurate, up-to-date payment information. We do not store or manage payment details directly and are not liable for errors, delays, or security issues arising from third-party payment processors.

14.4 Any subscriptions automatically renew unless cancelled by the user prior to the renewal date, in accordance with the instructions provided in the App or the relevant app store. Users are responsible for managing their subscription settings and ensuring that cancellations are made in time to avoid unintended charges. We are not liable for any failure to cancel a subscription if the user does not follow the proper procedure.

14.5 We reserve the right to suspend, terminate, or modify paid features or subscriptions for operational, security, commercial or regulatory reasons. In such cases, we will make reasonable efforts to notify affected users, but we are not liable for any loss, inconvenience, or compensation arising from such changes. Users agree that their sole remedies for changes to paid features are limited to any refunds provided under applicable law, these Terms, or the App Store policies.

15. Suspension, Termination, and Consequences

15.1 You may stop using the App at any time. You are entitled to delete your account or cease all interactions with the App according to the procedures set out within the App. Your decision to stop using the App will not affect any rights or obligations that accrued prior to termination, including payment obligations or responsibilities relating to content you have uploaded.

15.2 We reserve the right to suspend or terminate your access to the App, either in part or entirely, if you breach these Terms, misuse the App, or if required to do so by law, regulation, or government authority. Suspension or termination may occur immediately without prior notice, depending on the nature of the breach or legal obligation. This right allows us to protect the App, its users, and its underlying systems from harm or misuse.

15.3 We are not obliged to provide reasons for any suspension or termination where giving such reasons could compromise the security, integrity, or compliance obligations of the App.

15.4 Upon termination of your account or access, all licences granted under these Terms will immediately cease. Any digital content, Virtual Items, in-app assets, or other privileges associated with your account will be forfeited without compensation, except where mandatory law provides otherwise.

16. Limitation of Liability

16.1 The App is provided on an "as is" and "as available" basis. We make no guarantees that the App will operate without interruption, errors, or defects, and we expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Users acknowledge that they access and use the App entirely at their own risk, and they bear the responsibility for verifying any information obtained through the App.

16.2 To the fullest extent permitted by law, we exclude liability for any indirect, incidental, consequential, or special losses, including, without limitation, loss of revenue, lost profits, loss of business opportunities, or loss of data. This exclusion applies even if we were advised of the possibility of such losses. Users are encouraged to maintain backups of any data they store or create within the App to minimise risk.

16.3 To the fullest extent permitted by law, our total liability to any user for any claim arising out of or in connection with the App, whether for direct, indirect, or consequential losses, is limited to the total amount paid by the user for the App in the 12 months preceding the claim. This limitation applies to all causes of action, whether in contract, tort (including negligence), or otherwise.

16.4 Any predictions, scores, artificial intelligence-generated outputs, third-party data, or recommendations provided through the App are for informational purposes only and should not be relied upon as professional advice or guidance. We expressly disclaim any responsibility for decisions made based on these outputs, and users agree that they will exercise their own judgement and diligence when interpreting or acting upon such information.

16.5 Non-Excludable Liability: Nothing in these Terms is intended to exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot legally be excluded under English law. In all such cases, our liability will be determined in accordance with applicable law, and we will remain fully responsible for any obligations that cannot be excluded.

17. Force Majeure

17.1 We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by events beyond our reasonable control, including, without limitation, acts of God, natural disasters, pandemics, strikes, industrial action, power failures, cyberattacks, or governmental interventions. Users acknowledge that such events may be unpredictable and outside the reasonable control of the App provider.

17.2 During the occurrence of a force majeure event, our obligations under these Terms will be suspended for the duration of such event. We will not be deemed to be in breach of these Terms for any delay or non-performance arising from such circumstances, provided that we resume performance promptly once the event has ceased or been mitigated.

17.3 We shall use reasonable endeavours to minimise disruption and resume full performance as soon as practicable. This includes taking any necessary measures to protect user data, maintain essential services, or communicate expected delays. Users understand and accept that complete restoration of services may require time and that certain interruptions may be unavoidable.

17.4 No compensation or damages shall be payable to users for interruptions, delays, or non-performance resulting from a force majeure event. Users acknowledge that such events are extraordinary and beyond our control, and that the App cannot assume liability for circumstances outside its reasonable control.

18. Severability

18.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, the remaining provisions will remain in full force and effect.

18.2 The parties shall attempt in good faith to replace any invalid, illegal, or unenforceable provision with a valid provision that achieves, as closely as possible, the original intent.

19. Waiver

19.1 No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

19.2 Any waiver must be in writing to be effective.

20. Assignment and Transfer

20.1 We may assign, transfer, or subcontract any of our rights or obligations under these Terms without notice or consent.

20.2 You may not assign or transfer any rights or obligations under these Terms without our prior written consent.

21. Survival

21.1 The provisions relating to intellectual property, limitation of liability, Virtual Items, AI Features, subscriptions, governing law, and any obligations which by their nature are intended to survive termination shall continue in full force after termination or suspension of your account.

22. Third-Party Rights

22.1 Except as expressly stated, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of these Terms.

23. Variations / Amendments

23.1 We may amend these Terms at any time in accordance with Section 6.

23.2 Continued use of the App after amendments have been published constitutes acceptance of the revised Terms.

24. Technical Availability and Beta Features

24.1 We do not guarantee uninterrupted access to the App, and downtime may occur for maintenance, upgrades, or operational reasons.

24.2 Beta or experimental features, including AI Features, are provided on a trial basis and may change, be removed, or become paid features at any time without notice.

25. Entire Agreement

25.1 These Terms, together with any incorporated policies, constitute the entire agreement between you and us regarding your use of the App and supersede all prior agreements, representations, or understandings, whether written or oral.

26. Governing Law and Jurisdiction

26.1 These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. Users agree that the application of English law provides a fair and predictable framework for resolving any issues relating to the use of the App.

Contact

Questions about these Terms? Email us at motty@fanba.co.uk.