These Terms of Use ("Terms") form a binding agreement between you and KickOff OS ("KickOff OS", "we", "us", or "our") and govern your access to and use of the kickoff-os.com website, the KickOff OS in-venue and Android applications, and all related services (collectively, the "Services"). By creating an account, scanning a venue QR code, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 16 years old (or the age of digital consent in your jurisdiction, if higher) to use the Services. If you use the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.
2. Accounts
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must provide accurate information and promptly notify us of any unauthorized use. We may suspend or terminate accounts at our discretion.
3. Subscriptions and Payments
- Venue subscriptions renew automatically until cancelled. Fees are billed in advance and are non-refundable except where required by law.
- We may change pricing on notice; changes apply to renewal periods.
- If a payment fails, we may suspend the Services until payment is resolved.
- You authorize our payment processor to charge your payment method for all amounts owed.
4. Acceptable Use
You agree not to, and not to allow others to:
- Post or transmit content that is unlawful, harassing, defamatory, hateful, sexually explicit, violent, infringing, or otherwise objectionable.
- Impersonate any person or misrepresent your affiliation.
- Interfere with, disrupt, reverse engineer, or attempt to gain unauthorized access to the Services or related systems.
- Use the Services to violate any law or regulation, including export controls and sanctions.
- Use bots, scrapers, or automated means to access the Services except through documented APIs.
- Use the Services in a manner that infringes intellectual property or privacy rights of others.
We may remove content and suspend or ban users who violate these rules, without notice.
5. User Content
You retain ownership of content you submit (chat messages, votes, display names, avatars). You grant KickOff OS a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, display, and distribute that content solely to operate, improve, and promote the Services. You are solely responsible for your content and represent that you have all rights necessary to grant this license.
6. Venue Operators
Venue operators are independent businesses. They are responsible for complying with all laws applicable to their operation, including alcohol licensing, broadcast rights, music licensing, public Wi-Fi, signage, and local consumer protection. KickOff OS provides a software platform only and is not a party to the relationship between venues and their guests.
7. Sports Content and Broadcast Rights
The Services display public match schedules and user-generated commentary only. KickOff OS does not broadcast, stream, or sublicense any match footage. Venues are solely responsible for obtaining and maintaining all rights necessary to display sports broadcasts on their premises. League names, club names, and other marks belong to their respective owners and are used for descriptive purposes only.
8. Intellectual Property
The Services, including software, designs, text, graphics, and logos (excluding user content), are owned by KickOff OS or its licensors and are protected by intellectual property laws. Except for the limited license to use the Services granted to you, no rights are transferred. "KickOff OS" and related marks are trademarks of KickOff OS.
9. Third-Party Services
The Services may integrate with third-party services (e.g. payment processors, authentication providers, analytics). Your use of those services is subject to their own terms. We are not responsible for third-party services.
10. Beta Features
We may offer beta or experimental features marked as such. These are provided "as is" and may be modified or discontinued at any time.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE OR RELIABLE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KICKOFF OS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.
13. Indemnification
You agree to defend, indemnify, and hold harmless KickOff OS and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
14. Termination
You may stop using the Services at any time. We may suspend or terminate your access at any time, with or without notice, including for breach of these Terms. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and dispute resolution.
15. Governing Law and Disputes
These Terms are governed by the laws of the jurisdiction in which KickOff OS is established, without regard to conflict-of-laws principles. Any dispute will be resolved exclusively in the competent courts of that jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. Where mandatory consumer protection laws apply, nothing in this section limits your rights under those laws.
16. Changes
We may modify these Terms from time to time. We will post the updated Terms with a new "Last updated" date. Material changes will be communicated through the Services or by email. Your continued use after changes take effect constitutes acceptance.
17. Contact
Questions about these Terms may be sent to legal@kickoff-os.com.