Terms and Conditions

FootWall GmbH Terms and Conditions

Effective Date: July 09, 2024

Welcome to FootWall! By using our app, you agree to comply with and be bound by the following terms and conditions. Please review them carefully.

1.Introduction

These Terms and Conditions (“TC” or “Terms”) govern your use of and access to the FootWall GmbH services, websites, tools and mobile applications (“Mobile Apps” as further defined below), and all of our related products and services (collectively, the “Service” or “Services”). You can access and review the most current version of the TC by clicking on the “Terms and Conditions” link displayed within the Mobile Apps or on our website.  The terms “we,” “our,” “us” and any derivations thereof herein refer to FootWall GmbH (also “Company” or “FootWall”).  You agree to comply with all of these terms when accessing or using our Services. For information regarding the processing of personal data, please see our Privacy Policy link displayed within the Mobile Apps or on our website. 

FootWall has the right to revise this TC at any time. Your continued use of the Services will mean you accept any changes, and you agree to comply with all applicable laws and regulations. 

BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TC, INCLUDING ANY UPDATES OR REVISIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TC, YOU MAY NOT ACCESS OR USE THE SERVICE.

The TC is effective as of the date you access the Service, and for existing users as of the date of the latest update.

  • Contact Information: info@footwallapp.com

2. App Description

FootWall is an app for football shirt collectors to upload their collections and follow other collectors. We intent to create a community of passionate people, in love with football shirts and all that it can bring to the world. The app is a way for the collector to have his collection with him during the entire time and also mesmerise other collectors. FootWall also provides with a chat service in which collectors can, politely and respectfully, interact with other collectors and passionates. 

3. User Requirements

You must be 13 years of age or older to use the Service in any manner. You may not use our Services if you are not able to form legally binding contracts (e.g. are under 13).  By using the Service and accepting the Terms, you represent to us that you are 13 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms and enter into legally binding contracts.

We will commence supplying the Services to you as soon as you accept the TC. UK residents can cancel this TC as set forth under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

How you can't use FootWall. Providing a safe and open Service for a broad community requires that we all do our part, thus: (i) You can't impersonate others or provide inaccurate information, (ii) You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose, (iii) You can't violate (or help or encourage others to violate) these Terms or our policies; (iv) You can't do anything to interfere with or impair the intended operation of the Service; (v) You can't attempt to create accounts or access or collect information in unauthorised ways; (vi) You can’t sell, license, or purchase any account or data obtained from us or our Service; (vii) You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights; (viii) You can’t modify, translate, create derivative works of, or reverse engineer our products or their components; or (ix) You can't use a domain name or URL in your username without our prior written consent

4. Account Creation

To create an account, users must provide a valid email address, name, and username. Email verification is required. In addition, you agree that any information you provide to us shall be truthful and accurate. If you provide any information that is untrue, inaccurate, not current or incomplete, or FootWall reasonably suspects that you have done so, FootWall may suspend or terminate your account.

You may not share or transfer your account or password with anyone. You are fully responsible for all activities that occur under your account and for any unauthorised use or access to your account, including in the event of property loss as a result thereof. You agree to notifyFootWall immediately of any unauthorised use of your account or password or any other similar breach of security.

5. User Conduct

Users must respect the collections of others and refrain from uploading fake or counterfeit jerseys. Users can easily report posts that violate these terms through a report system already set up in the app. User will also assure to us that  the user will use the Service in a manner consistent with any and all applicable laws and regulations.  

In connection with your access to or use of the Service, you shall not:

    1. upload, post, email, transmit or otherwise make available any content that: (i) is false, inaccurate, misleading, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.

    2. act in a manner that negatively affects the ability of other users to access or use the Service; 

    3. take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;

    4. interfere with or disrupt the Service or servers or networks connected to the Service, circumvent any technical measures we use to provide the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

    5. export or re-export any application or tools in violation of these Terms, and regardless at all times subject to the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

    6. use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service; substantially download, reproduce or archive any portion of the Service;

    7. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including your user account and password;  

    8. harvest or otherwise collect information about users, such as email addresses, without their consent; 

    9. breach or circumvent any laws, third-party rights or our systems or policies; or

    10. violate any applicable local, state, provincial, federal or international law or regulation.

If you elect to provide or make available to FootWall any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), you hereby grant  FootWall and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sub-licensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made your suggestions (in any form and any medium, whether now known or later developed), without credit or compensation to you.

6. Content Ownership

FootWall owns the rights to the images uploaded by users. However, we are not responsible for the content uploaded. Users are solely responsible for ensuring their content does not violate any laws or third-party rights.

We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, submit or upload content on or through the Services, you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings) for purposes of making the FootWall Service available. This license authorises us to make your Content available to the rest of the world and to let others do the same. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.

You hereby undertake that you will not, nor permit any third party without our or our licensors prior written consent to the following: 

    1. Modify or copy any information or assets within the Services, including but not limited to its shapes, designs, drawings, attributes, or colour schemes, text, graphics, photos trademarks, trade names, logos and characters;

    2. Use our or any or third-party IP to advertise, market, or sell any product or service;

    3. Make derivatives of our Service or the information or assets therein for any reason, including for commercialisation purposes;

    4. Apply for, register, or otherwise use or attempt to use any of the intellectual property rights held by FootWall or any third-party licensee, including but not limited to trademarks or service marks or any confusingly similar marks, anywhere in the world;

    5. Use, sell, distribute or in any way make available for your own or any third party’s commercial gain or otherwise commercialise any item or service that includes, contains, or consists of our IP or third-party IP included in the Service;

For the avoidance of doubt, “IP” and “third-party IP” shall refer to, whether registered or unregistered, any rights in copyright, designs, artistic rights, patents, trademarks, trade names, logos and characters domain names, trade secrets, know-how, database rights, circuit layout rights and all other similar proprietary rights and all extensions and renewals of them anywhere in the world recognised currently or in the future, which are the exclusive property of FootWall, our licensors, or any other third parties and are included in or associated with the Service or any element of the Service. FootWall GmbH owns all intellectual property rights associated with the Service and its content.

7. Payments and Subscriptions

Currently, there are no payments or subscriptions required to use the App.

8. Right Granted

The Service is an application wherein we display and allow you to track a compilation of certain facts, data, information and other assets for your own limited, personal use within the Services.  We gather this information, among others, from public and private sources, in some cases subject to licenses we purchase from third parties for the use of this information and of other assets with our Service.  Accordingly, it is important to note that your use of the Services and the information therein is subject to our and our third-party’s licensing, copyright and other restrictions at all times.  When you use the Services or access any information therein, you expressly agree to the following:

  1. FootWall grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and view pages and create a profile within the Service in our sole discretion and subject to these Terms of Service.

  2. You acknowledge and agree that, as between you and FootWall, FootWall owns all rights, title and interest (including all intellectual property and licensing rights) in the Service and all content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. FootWall reserves all rights not expressly granted to you.

  3. You may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TC; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Service; (iii) frame or utilise any framing technique to enclose any content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by FootWall; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.

  4. To the extent the Service provides access to any online software, applications or other similar components, FootWall grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use such components only in the form within the online platform provided by FootWall.

  5. FootWall makes available iOS and Android mobile apps for access to and use of the Service (collectively, “Mobile Apps”). Your access and use of our Mobile Apps is subject to these Terms and any applicable end user license agreement for the app. 

  6. All rights granted to you under this TC, and all products and services made available to you through the Service, are subject to your compliance with the TC in all material respects. 

9. Termination

FootWall reserves the right to terminate user accounts that violate these terms or any applicable laws.

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, and take any other legal or technical steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;

  • we think that you are infringing our rights or the rights of third parties;

  • we think that you are acting inconsistently with the letter or spirit of this TC;

  • we are unable to verify or authenticate any information you provide to us; or

  • you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services.

Upon termination of the TC for any reason: (i) FootWall, in its sole discretion, may terminate your account and remove your information; (ii) stop providing any digital services; (iii) cease providing ongoing authentication services. Any provision that, by its terms, is intended to survive the expiration or termination of this TC shall survive such expiration or termination.

10. Liability and Disclaimers

FootWall is not responsible for the accuracy or authenticity of the content uploaded by users. Users can report posts, and we reserve the right to remove content that breaches our terms.

We do not encrypt chat data and are not responsible for the content of user communications.

In no event shall FootWall be liable for any lost profits or cost of cover, o indirect, incidental, special, exemplary, punitive or consequential damages, including damages arising from any type or manner of commercial, business or financial loss, the cost of procurement of substitute goods or services, diminution of value or any other intangible loss due to the development and distribution of FootWall, the use and function of this platform, the use of any electronic wallets, smart contracts, cryptocurrencies and/or DLTS and any other technologies used for development and distribution of FootWall, even if FootWall parties had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable. In no event shall FootWall, total liability to you for all claims arising from or relating to the TC or your access to or use of (or inability to aces or use) the service.

You understand and agree that any eventual third party licensors or partners are not liable to you or to any third party for any losses or claims, whatsoever and that all limitations of liability in this TC apply to our licensor and partners in full. 

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis, with all faults. To the maximum extent permitted by applicable law, FootWall and eventually its parties, expressly disclaim all warranties of any kind, whether express or implied or arising from statute, course of any kind, whether express or implied or arising from statute, course of dealing, usage of trade or otherwise, including the implied warranties of merchantability, quality, fitness for particular purpose, and non-infringement. 

FootWall and its eventual parties make no warranty or representation: (i) that the service will meet your requirements; (ii) that access to the service will be uninterrupted, timely, secure or error-free; (iii) that the information and any result that may be obtained from access to or use of the service will be accurate, reliable, current or complete, or (iv), with respect to the laws or regulations in your jurisdiction, including tax or other treatment regarding sales to you. 

All content made available through the service is made available for information purposes only. You are solely responsible for confirming the accuracy of all information before taking or omitting any action. 

11. Modifications

Users will be notified of changes to these terms through app updates. Continued use of the App constitutes acceptance of the new terms.

12. Governing Law

These terms are governed by the laws of Switzerland. All claims and disputes hereunder shall be resolved by final and binding arbitration rather than in court. The arbitration shall be conducted by the Swiss Arbitration Centre.