CLUB APP END USER LICENSE AGREEMENT

PLEASE READ THIS CAREFULLY BEFORE CONTINUING

BEFORE USING OR ACCESSING THE APP, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT AND THE CLUB PRIVACY POLICY WHICH APPLY TO YOU.

BY CLICKING ON THE “ACCEPT” BUTTON OR BY OTHERWISE ACCESSING OR USING THE APP YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU ARE NOT PERMITTED TO USE CLUB OUR APP OR SOFTWARE.

WHO WE ARE AND WHAT THIS AGREEMENT DOES:

We, Formation Games Studio Limited, a company registered in England (Company Number 11881549), registered office address at 63-66, Fifth Floor, Suite 23 Hatton Garden, London, England, EC1N 8LE (“FGS”) license you to use:

  • This mobile application software and any updates or supplements to it (”App”)

  • The related online or electronic documentation (“Documentation”)

  • Any FGS services you access via the App (”Services”)

These terms specifically relate to your right to access and use the CLUB App, other terms apply to your access to and use of the Services

YOUR PRIVACY: Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided at https://www.clubgame.app/terms unless you are using a specific Service to which a different privacy policy applies, which we will make available to you. Third party privacy policies may apply, and these will be brought to your attention before you share any personal data.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE: By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.

LOCATION DATA: We may collect location data (but you can turn location services off) Certain Services, will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings.

OTHER APPSTORE OR THIRD-PARTY TERMS MAY ALSO APPLY: The ways in which you can use our App may also be controlled by the rules and policies of the web site or App Store where you downloaded the App, and these rules and policies will apply instead of these terms where there are differences between the two.

DEVICE REQUIREMENTS: Use of the App may require that your device meets minimum operating requirements, including memory or operating system. We will inform you of any minimum system requirements from time to time. If you do not meet the minimum specifications detailed for the App, you may experience limited use or be unable to use or access the App or Services entirely.

1. Your use of the CLUB App

You may download or stream a copy of the App onto one device and view, use and display the App and the Services on such Device for your personal purposes only.

You may use any Documentation we provide to support your permitted use of the App and the Services.

Except as otherwise detailed above, you may not otherwise transfer the App or access to the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

By accepting the terms and conditions of this agreement you hereby agree to:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; and

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the limited extent permitted by law.

You must:

  • not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);

  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;

  • not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

  • not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

2. Intellectual Property Rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

3. Our responsibility for loss or damage suffered by you in respect to your use of our App

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

FGS will use commercially reasonable efforts to deliver to you our App and Services free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the App or your data.

FGS and its licensors provide the App and Services “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement.

FGS does not warrant that the App or Services will operate uninterrupted or error-free or that all errors will be corrected. In addition, FGS does not warrant that the App or any equipment, system or network on which the App is used will be free of vulnerability to intrusion or attack.

To the extent permissible by law, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and You acknowledge that access to the internet, mobile phone networks or other communication media necessary for the provision of Services or use of the App is inherently associated with risks including viruses, data security, piracy, availability of services and reliability of data transmission.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

4. We may end your rights to use the App or Services if you break these terms

We may end your rights to use the App and Services at any time if you have broken these terms or any other terms with us. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must delete or remove the App from all devices in your possession.

  • You must stop all activities authorised by these terms, including your use of the App and any Services.

  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

In all cases, notwithstanding the above, we may terminate this license to you at any time or suspend or terminate the provision of any App or Services, without any further liability to you.

5. How you can terminate this agreement

You may also terminate this Agreement by deleting the App and all copies thereof from your mobile device or from your computer. Please be aware that deleting the app will not delete your account with FGS. You will need to remove your account with us by going to the profile section and selecting delete account.

6. Update to the App and Services

From time to time, we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues (“Updates”). Alternatively, we may ask you to update the App for these reasons.

Updates may modify or delete certain features and/or functionalities of the App. You agree that FGS has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any features or functionalities of the App to you. If you opt out of automatic updates you may not be able to continue using the App and the Services.

7. We are not responsible for other Web Sites or content

The App or any Services may contain links to other independent websites and display, include or make available third-party content (including data, information, applications and other products services) or supply links to third-party websites or services ("Third-Party Services") which are not provided by FGS. Such Third-Party Services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You acknowledge and agree that FGS shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FGS does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

You will need to make your own independent judgement about whether to use any such independent sites, including whether to use any products or services offered by them. Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

8. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

9. Delayed enforcement

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.

10. Laws applying to this contract

These terms are governed by English Law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Each of the paragraphs of these terms works separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11. In-app purchases

The App includes in-app purchases that allow you to buy items from within the CLUB App to use within CLUB (“In-App Purchases”). It is not necessary to make any In App Purchases in order to play CLUB. Whilst you cannot switch off In-App Purchases from being offered to you within CLUB and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play CLUB.

You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within CLUB.

If you are under 18 then you must have your parent’s or guardian’s permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have all permissions that may be necessary to allow you to make that In-App Purchase.

More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.

In App Purchases can only be consumed within CLUB. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have started its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in CLUB, then the terms and conditions (whether CLUB terms or third-party terms) applicable to In-App Purchases will also apply.

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 of 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 an alternative. In the unlikely event that we are unable to remedy the issue we, without liability, will authorise a refund you an amount up to the cost of the relevant In-App Purchase. Where In-App Purchases relate to purchases relating to a third party, we will help you in contacting that third party to seek a suitable resolution.

You acknowledge and agree that all billing and transaction processes are handled by a third-party provider and are governed by that third party’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the applicable third party directly.

VERSION: This Agreement was last updated on 29 January 2024