END USER LICENSE AGREEME
ISSUED BY FOOTBRAIN B.V. (“FOOTBRAIN”, or “we” or “us”).
Last updated 26 July 2023
This end user licence agreement (“EULA”) applies to and governs all use of QUICKFEET (the "App") and of this website: http://www.quickfeet.net/ (the "Website").
Please read the following carefully before using, downloading, purchasing or installing the App (which includes the related Online Service) or using the Website. By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA which can be found on our Website. If you do not agree with the terms of this EULA, you may not use, download or install the App (including the related Online Service) or use the Website.
FOOTBRAIN B.V. is a company registered in the Netherlands under company number 123456789 and with our registered office at Koperlagerstraat 6, 3077 MD, Rotterdam. If you have any queries concerning this EULA you may contact us at email@example.com
The App is owned by FOOTBRAIN. The App includes the software and materials that are made available by FOOTBRAIN on authorised platforms or app stores in order for you to download, install or use the App and any Online Service (defined below). Authorised platforms and app stores are the Apple App Store and the Google Play Store. FOOTBRAIN does not publish to any other store.
- LIMITED USE LICENSE
1.1 FOOTBRAIN hereby grants a limited, non-exclusive right and license to you for you to download, install and use the App for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. Further, FOOTBRAIN grants you: (a) a limited, non-exclusive right and license to use the Website for your personal, non-commercial use; and (b) a limited, non-exclusive right and license to use the App (including the related Online Service) for your personal, non-commercial use only. This EULA and your use of the App does not give you any rights of ownership in any property whether tangible or intangible.
1.2 The App comprises of copyright works of FOOTBRAIN and/or its licensors. The App is licensed, not sold. The licence granted to you by Clause 1.1 confers no title or ownership in the App or Website. The App and Website are solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the App or Website not in accordance with the terms of this EULA is expressly prohibited.
- END USER OBLIGATIONS
2.1 You may use the App for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the App or any part or interest in it to other parties in any way except where the App expressly permits you to do so through sharing content in that App on social media;
2.1.2 engage in any act that FOOTBRAIN deems to be in conflict with the spirit or intent of the App, Website and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the App;
2.1.3 attempt to gain unauthorised access to the Website, Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by FOOTBRAIN; or
2.1.4 use the Website, App for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Online Service, Website and App and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Website or App are owned by, belong to and vest in FOOTBRAIN and its licensors.
3.2 The Online Service, App and/or the Website may contain certain licensed materials licensed by third parties to FOOTBRAIN. All trade marks and other rights are the property of their respective owners.
3.3 The App, Website, Virtual Items and/or Online Services may include intellectual property, or references, relating to third parties. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and/or as permitted by applicable law.
4.1 This EULA and the licences granted by it are effective until terminated.
4.2 We may temporarily discontinue the Website, App or any Online Service, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
4.3 You may terminate this EULA at any time and for any reason by deleting and removing the App from your device.
4.4 FOOTBRAIN may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. FOOTBRAIN may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from the App. FOOTBRAIN reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or Website and/or the App and/or any Online Service. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.5 Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
4.5.1 if your use of the Online Service and/or the App was provided to you free of charge, you will not be entitled to any compensation or any refund; and
4.5.2 if you paid for the App, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the App for over twelve (12) months). Where you have not had a reasonable period of opportunity to enjoy the paid-for App, we may offer you a partial or full refund.
4.6 Following termination of this EULA in the case oft the App for any cause, you will no longer be permitted to use the App (nor use the Online Services in connection therewith) and you will be required to delete the App from your device. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your App user account may thereafter be deleted and/or become inaccessible.
- WARRANTY AND LIMITATION OF LIABILITY
5.1 FOOTBRAIN WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE APP WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE APP, ONLINE SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 FOOTBRAIN ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 FOOTBRAIN AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO 100€;
5.2.4 FOOTBRAIN AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE WEBSITE OR APP AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 FOOTBRAIN DOES NOT GUARANTEE THAT THE OPERATION OF THE WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE WEBSITE OR APP OR THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
5.2.6 YOUR INSTALLATION AND USE OF THE APP, ONLINE SERVICES, AND WEBSITE IS AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRUADULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY FIRST TOUCH’S NEGLIGENCE.
- ONLINE SERVICE
6.1 FOOTBRAIN provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Games (“Online Service“) subject to the terms and conditions of this EULA.
6.2 FOOTBRAIN does not target the Online Service, Website or the App to users under 13 years of age. To use the Online Service you must be over the age of 13 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service, App or Website you therefore confirm that you are over 13 years of age and, where you are between the ages of 13 and 17, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
6.3 You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute FOOTBRAIN or the App.
6.4 Where the App allows you to share pre-determined messages with other users, FOOTBRAIN shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
6.5 You will cooperate fully with FOOTBRAIN to investigate any suspected illegal, fraudulent or improper activity.
6.6 You will not communicate or engage with FOOTBRAIN or any other users with language that is foul, abusive or threatening. FOOTBRAIN will not respond to any support requests that contains any such language, and may block users from further support access and to the App and Online Service.
6.7 If you feel that the behaviour of another user breaches this EULA then please let FOOTBRAIN know by sending an email to firstname.lastname@example.org with details of the potential breach and/or the user responsible. FOOTBRAIN will take reasonable steps to deal with any breach.
6.8 You accept that the App combines skill with chance, and that unpredictable results may occur when exercising with the App.
- CONSUMER RIGHTS AND ALTERNATIVE DISPUTE RESOLUTION
7.1 This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
7.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
- APPLE DEVELOPER TERMS AND THIRD PARTY STORES
8.2 The following terms of this clause are the terms which FOOTBRAIN is required by Apple to notify you of and obtain your agreement in respect of using the iOS version of the App (for example, Apple iPad, iPhone and iPod etc.).
8.3 You and FOOTBRAIN acknowledge that this EULA is concluded between you and FOOTBRAIN only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that FOOTBRAIN is solely responsible for the App and the content thereof.
8.4 Subject to your compliance with all conditions of this EULA FOOTBRAIN grants you a non-exclusive, personal, revocable, non-transferable license to use the App on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
8.5 FOOTBRAIN is solely responsible for providing support and maintenance for the App. You and FOOTBRAIN acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
8.6 You acknowledge that FOOTBRAIN, and not Apple, is responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to:
8.6.1 product liability claims;
8.6.2 any claim that the App fail to confirm to any applicable legal or regulatory requirement; and
8.6.3 claims arising under consumer protection or similar legislation.
8.7 You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, then FOOTBRAIN shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
8.8 You confirm that:
8.8.1 you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
8.8.2 you are not listed on any US Government list of prohibited or restricted parties.
8.9 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
8.10 FOOTBRAIN uses third party software and services provided in the App (explained above). Use of the App is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App. More information about this can be found in our Privacy and Data Policy.
9.1 We are responsible for the placing of advertisements in our App and Online Services, but we do not control or review the specific content of those advertisements. We do, however, have control over the general types of advertisements that are placed in the App at a high-level to take all reasonable efforts so that the App do not contain any inappropriate advertisements.
9.2 Please report any advert that you find offensive or inappropriate to email@example.com.
9.3 If you click on any advertisement please be aware that you will be dealing with external companies responsible for that advert and you may be redirected to their services or website. FOOTBRAIN does not control the actions of these companies or the content of their websites or services.
- INDEMNITY AND REMEDIES
10.1 You hereby indemnify (agree to compensate), defend and hold harmless FOOTBRAIN and FOOTBRAIN’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Website or the App (which includes the Online Service), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with FOOTBRAIN in the defence of any such claim and FOOTBRAIN reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10.2 You further agree that the subject matter of this EULA is of a unique character with special value and that FOOTBRAIN would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that FOOTBRAIN shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as FOOTBRAIN may otherwise have available to it under applicable laws.
10.3 FOOTBRAIN's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
- DEVICE AND INTERNET REQUIREMENTS Please note that the App relies on internet connectivity and the availability of our Online Service (as explained further below) for much of their functionality. You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to play and store the App. Further information about system requirements for the App is available on the App’s application store pages.
- CHANGES TO THIS EULA We may update the terms of this EULA from time to time for any reason by posting the updated version to http://www.quickfeet.net/, but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the App on your device, install or otherwise use the App, Website, or Online Services you are deemed to have accepted the latest version of this EULA in place at that time. Please check http://www.quickfeet.net/ for any updates to the EULA each time you launch the App on your device.
14.1 This EULA constitutes the entire agreement between FOOTBRAIN and you in respect of the App and the Website.
14.2 Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.3 We may transfer our rights and obligations under this EULA to another organisation. We will let you know if that happens and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
14.4 Except where expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this EULA.
14.5 In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
14.6 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Nederlands and the courts of the Nederlands shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there.