Terms of Service

End User License Agreement (EULA)

Last updated: January 4, 2026

By using the fballyt website or mobile app, you are agreeing to these terms. Please read them carefully.

1. Introduction

1.1 These terms and conditions (the “Terms”) shall govern your use of our website and mobile app.

1.2 By using our website or mobile app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or mobile app.

1.3 If you access our website or mobile app, use our website or mobile app, register with our website or mobile app, submit any material to our website or mobile app or use any of our website or mobile app products or services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website or mobile app; by using our website or mobile app or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 By using our website or mobile app or agreeing to these terms and conditions, you consent to our use and handling of your personal information in accordance with the terms of our privacy policy.

1.6 Our website and mobile app use cookies; by using our website or mobile app or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

1.7 Please note our class action waiver clause.

1.8 In this terms and conditions of service, “we”, “us”, and “our” refer to Upbias GmbH (owner and operator of fballyt.com and the fballyt app).

2. Users outside Switzerland

2.1 We do not warrant that our website or mobile app complies with the applicable laws or regulations of any jurisdiction outside Switzerland.

2.2 If you are resident or situated outside Switzerland, you must not access or use our website or mobile app unless you are lawfully able to do so.

2.3 Subject to Section 19.1, we do not accept any liability for any loss or damage resulting from, or related to, the availability of our website or mobile app or any of our website or mobile app content to persons resident or situated outside Switzerland.

4. Definitions

4.1 In this EULA, except to the extent expressly provided otherwise:

"App Store" means the online sales and distribution platform operated by a third party by means of which the User obtained the Software;

"App Store Terms and Conditions" means the terms and conditions of the App Store that set out any rights and/or obligations of the User in relation to the Software and/or any of the Services;

"EULA" means this end user licence agreement, including any amendments from time to time;

"Export Laws" means all applicable laws restricting and/or regulating:

(a) the inter-jurisdictional import, export, supply, disclosure, transfer or transmission of goods, services, software, technology, technical know-how, data and/or information; and/or

(b) the import, export, supply, disclosure, transfer or transmission of such goods, services, etc. to designated entities or persons;

"Force Majeure Event" means an event or series of events outside the reasonable control of the affected party (which may include failures of the internet, hacker attacks, denial of service attacks, virus or other malicious software, power failures, industrial disputes, changes to the law, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks, and wars);

"Hosted Services" means the services made available by the Licensor to the User via the internet and accessed through the Software;

"Intellectual Property Rights" means all intellectual property rights worldwide (whether registrable or not), including copyright, database rights, trade secrets, know-how, and similar rights;

"Licensor" means Upbias GmbH, a company incorporated in Switzerland;

"Maintenance Services" means the supply to the User of Updates and Upgrades;

"Platform" means the platform managed by the Licensor used to provide the Services;

"Services" means any services provided by the Licensor to the User under this EULA;

"Software" means the fballyt mobile App;

"Source Code" means the human-readable code of the Software (excluding interpreted code);

"Support Services" means support for the use of the Software and troubleshooting, excluding training services;

"Term" means the duration of this EULA, commencing in accordance with Clause 5.1 and ending as per Clause 5.2;

"Update" means a hotfix, patch, or minor version update to the Software;

"Upgrade" means a major version update of the Software;

"User" means the person granted a right to use the Software under this EULA (must be at least 18 years of age) who downloads and/or uses the Software. If the User is tracking the performance of a minor ("Player"), the User warrants that they are the parent or legal guardian of said Player; and

"User Data" means all data, works, and materials uploaded, stored, or generated by the User on the Platform (excluding analytics and server log files).

5. Term

5.1 This EULA shall come into force upon the download and installation of the Software.

5.2 This EULA shall continue indefinitely, subject to termination under Clause 20 or other applicable provisions.

6. App Stores

6.1 The User acknowledges that, in addition to this EULA, the App Store Terms and Conditions apply to the use of the Software.

6.2 In the event of a conflict between this EULA and the App Store Terms and Conditions, the latter shall take precedence.

6.3 The provisions in the App Store Terms and Conditions that impose obligations on the User regarding the Software and Services are incorporated herein for the benefit of the Licensor.

6.4 For clarity, matters regarding the User’s right to cancel this EULA are governed by the App Store Terms and Conditions.

6.5 The User acknowledges that the App Store operator’s rights under its own terms may affect the User's rights under this EULA. Subject to Clause 19.1, the Licensor is not liable for any loss or damage arising from the operator’s exercise of its rights.

6.6 In-App Purchases & Subscriptions: Future versions of the Software may offer "Pro" features via In-App Purchase. The User acknowledges that:

(a) All billing, processing, and subscription management is handled exclusively by the App Store (Apple or Google) acting as the Merchant of Record;

(b) The Licensor does not store credit card information; and

(c) Any refund requests must be directed to the App Store in accordance with their refund policies.

7. License

7.1 The Licensor grants the User a non-exclusive, worldwide license to use the Software on any device that can access the App Store, subject to the limitations in this Clause.

7.2 The User may permit members of their App Store family group to use the Software in accordance with this Clause and the family group rules of the App Store.

7.3 The User may not sub-license or purport to sub-license any rights granted under Clause 7.1.

7.4 Except as expressly permitted by this EULA or required by applicable law, the license granted hereunder is subject to the following prohibitions:

(a) The User must not sell, resell, rent, lease, loan, supply, publish, distribute, or redistribute the Software;

(b) The User must not alter, edit, or adapt the Software; and

(c) The User must not decompile, de-obfuscate, or reverse engineer the Software.

7.5 Ad-Supported Model: The User acknowledges that the "Free Tier" of the Software and the Web Tool are provided at no cost in exchange for the User agreeing to view advertisements. The User agrees not to use aggressive ad-blocking technologies that would prevent the legitimate rendering of the Service.

8. Source Code

8.1 Nothing in this EULA gives the User any right to access or use the Source Code.

9. Hosted Services & Web Tools

9.1 The Licensor grants the User a non-exclusive licence to use the Web-based Tactical Board ("Web Tool") via the internet.

9.2 Local Browser Storage: The User acknowledges that the Web Tool relies on the User's local browser storage technology ("localStorage") to save data (e.g., player positions and formations). This data is NOT transmitted to, stored on, or accessible by the Licensor's servers.

9.3 Data Volatility: The User acknowledges that clearing the browser cache, using a private/incognito window, or switching devices will result in the loss of data saved in the Web Tool. The Licensor is not liable for such data loss.

9.4 The Licensor uses reasonable endeavours to maintain the availability of the Web Tool but does not guarantee 100% uptime.

9.5 The User must not use the Hosted Services in any manner that damages or impairs their availability or accessibility, or for any unlawful or fraudulent purpose.

10. User Data & Local Storage

10.1 Offline-First Architecture: The User acknowledges that the Software (Mobile App) operates on an "Offline-First" basis. All match statistics, player profiles, and session data ("User Data") are stored locally on the User's device in a local database.

10.2 No Cloud Backup: The Licensor does NOT automatically sync, backup, or store User Data on its servers. The Licensor has no access to the User's specific match statistics or tactical data.

10.3 User Responsibility: The User is solely responsible for backing up their data (using the App's export features where available) and for the security of their device. The Licensor is not liable for data loss caused by device loss, damage, theft, or uninstallation of the Software.

10.4 Limited Server Data: The User acknowledges that the Licensor only stores minimal account data (such as authentication credentials, subscription status, and referral codes) on its servers strictly to manage access rights and billing.

10.5 The User grants the Licensor a limited license to process this minimal account data to the extent reasonably required for the performance of the Licensor's obligations under this EULA.

11. Maintenance Services

11.1 The Licensor may provide Maintenance Services from time to time during the Term, but is under no obligation to do so.

11.2 The User must apply each Update and Upgrade provided by the Licensor via the Maintenance Services to the Software.

11.3 Failure to apply an Update or Upgrade means the User loses the right to use the Software until they do so. The Licensor may enforce this using technical measures.

11.4 The User acknowledges that licensing of Upgrades may, at the Licensor’s discretion, be subject to additional fees or terms.

12. Support Services

12.1 The Licensor may, from time to time, provide Support Services to the User, but has no obligation to do so.

12.2 The User acknowledges that no warranties or guarantees are given regarding the outcome of Support Services and that issues may only be resolved through an Update, Upgrade, or at the Licensor’s discretion.

13. Privacy Policy

13.1 Any personal data supplied by the User under this EULA shall be processed in accordance with the Licensor’s privacy policy, available at https://www.fballyt.com/privacy.

14. No assignment of Intellectual Property Rights

14.1 Nothing in this EULA assigns or transfers any Intellectual Property Rights between the Licensor and the User.

15. Suspension of Services

15.1 The Licensor may suspend the provision of any or all Services at any time.

16. User Indemnity

16.1 The User shall indemnify the Licensor against all liabilities, damages, losses, costs, and expenses (including legal costs and settlements) arising directly or indirectly from any breach of this EULA by the User.

17. Warranties

17.1 The Licensor warrants that it has the legal authority to enter into this EULA and perform its obligations.

17.2 The Licensor warrants that the Software, when used as permitted, will not infringe any Intellectual Property Rights.

17.3 If the Licensor or a third party alleges that the use of the Software infringes any Intellectual Property Rights, the Licensor may, at its own cost and discretion:

(a) modify the Software so that it no longer infringes; or

(b) procure for the User the right to use the Software in accordance with this EULA.

17.4 The User warrants that it has the legal right to enter into this EULA and perform its obligations.

17.5 All warranties and representations are expressly set out in this EULA and no other warranties are implied.

18. Acknowledgements and Warranty Limitations

18.1 The User acknowledges that complex software is never completely free from defects, errors, or bugs, and the Licensor does not warrant the Software will be entirely free from these issues.

18.2 The User acknowledges that the Software may not be entirely secure from vulnerabilities.

18.3 The User further acknowledges that the Licensor does not provide legal, financial, accountancy, or taxation advice, and the use of the Software does not guarantee avoidance of any legal liability.

19. Limitations and Exclusions of Liability

19.1 Nothing in this EULA will:

(a) limit or exclude liability for death or personal injury caused by negligence;

(b) limit or exclude liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any manner not permitted by applicable law; or

(d) exclude liabilities that cannot be excluded by law,

and, if a party is a consumer, its statutory rights will not be excluded or limited except as permitted by law.

19.2 The limitations and exclusions set out in this Clause (and elsewhere in this EULA):

(a) are subject to Clause 19.1; and

(b) apply to all liabilities arising under or related to this EULA, including those in contract, tort, or statutory duty, except as otherwise provided.

19.3 The Licensor is not liable for any losses arising from a Force Majeure Event.

19.4 The Licensor is not liable for any loss of profits or anticipated savings.

19.5 The Licensor is not liable for any loss of revenue or income.

19.6 The Licensor is not liable for any loss of business, contracts, or opportunities.

19.7 The Licensor is not liable for any loss or corruption of data, databases, or software.

19.8 The Licensor is not liable for any special, indirect, or consequential loss or damage.

19.9 The liability of the Licensor under this EULA for any event or series of events shall not exceed:

(a) zero,

with the aggregate liability not exceeding:

(a) zero.

20. Termination

20.1 The Licensor may terminate this EULA by giving the User not less than 30 days' notice.

20.2 The User may terminate this EULA by uninstalling the Software.

20.3 The Licensor may terminate this EULA immediately at any time.

21. Effects of Termination

21.1 Upon termination, all provisions of this EULA shall cease, except those that expressly survive indefinitely.

21.2 Termination does not affect the accrued rights of either party.

22. General

22.1 No breach of any provision shall be waived except by written consent of the non-breaching party.

22.2 If any provision is determined to be unlawful or unenforceable, the remainder of this EULA will continue in effect. If part of a provision would be enforceable if deleted, that part will be deemed deleted.

22.3 This EULA may not be varied except by a document signed by both parties.

22.4 The User agrees that the Licensor may assign its contractual rights and obligations to any successor. The User must not assign its rights without the Licensor’s written consent.

22.5 This EULA is for the benefit of the parties only and is not intended to benefit or be enforceable by any third party.

22.6 This EULA constitutes the entire agreement between the parties and supersedes all previous agreements on the subject.

22.7 This EULA shall be governed by and construed in accordance with Swiss law.

22.8 The courts of Switzerland shall have exclusive jurisdiction over any disputes.

23. Export Control

23.1 The User acknowledges that materials or information provided under this EULA may be subject to Export Laws.

23.2 The User must comply with Export Laws regarding such materials or information.

23.3 Without prejudice to Clause 23.2, the User:

(a) must not import, export, supply, disclose, transfer or transmit any materials or information if doing so would contravene any embargo or exclusion list under the Export Laws; and

(b) must obtain all licences and consents required under the Export Laws where applicable.

24. Interpretation

24.1 In this EULA, a reference to a statute or statutory provision includes a reference to:

(a) that statute or provision as modified, consolidated, or re-enacted; and

(b) any subordinate legislation made under it.

24.2 Clause headings do not affect the interpretation of this EULA.

24.3 References to "calendar months" are to the 12 named periods (January, February, etc.) into which a year is divided.

24.4 General words shall not be given a restrictive interpretation solely based on nearby words indicating a particular class of acts or things.

25. Law and jurisdiction

25.1 These terms and conditions shall be governed by and construed in accordance with Swiss law.

25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the court of BĂĽlach, ZH, Switzerland.

26. Class Action Waiver

26.1 Where permitted under the applicable law, you and Upbias GmbH agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Upbias GmbH and you agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

27. Our Details

27.1 This website, and mobile app, is owned and operated by Upbias GmbH.

27.2 Our principal place of business is in Bassersdorf, ZH, Switzerland.

27.3 We are registered in Switzerland under registration number CH-020.4.063.816-0.

27.4 Our postal address is Postfach 424, CH-8303 Bassersdorf, Switzerland.

27.5 You can contact us:

(a) by post, using our postal address; or

(b) by email, using [email protected].