Terms of Service

Last update: November 7, 2025

Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website and App and the Services -as defined in Section 2, below- offered by Klubez, Inc., a Delaware corporation (“Klubez”).

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND KLUBEZ THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS TITLED “DISPUTE RESOLUTION” AND “LIMITATION OF LIABILITY” BELOW.

• Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you shall not access nor use our Services. These Terms are in addition to any other agreement entered into between you and Klubez for the use of the Services. Nothing in these Terms will be deemed to amend or modify the terms of any such other agreements.

Eligibility and Age Requirements. You may use the Services only if you have the legal capacity to enter into a binding agreement with us under the laws of your country of residence.

If you reside in the EU, you must be at least 16 years old to use the Services. If you reside in China, you must be at least 14 years old to use the Services. If you reside in Japan, you must be at least 15 years old to use the Services.

In other jurisdictions, the applicable minimum age may vary. If you are under the age of majority or under the age at which you can legally provide consent to use online services in your country, you may only use the Services with the involvement, supervision, and consent of a parent or legal guardian.

We reserve the right to request proof of age at any time and to suspend or terminate your account if we become aware that you do not meet the applicable age requirements.

If you are a parent or guardian who has consented to a child’s use of the Services, you are responsible for supervising the child’s activities.

• Services. Klubez provides a free-to-play, skill-based fantasy sports game focused on managing European soccer clubs. Users can join or create leagues, choosing between private leagues (4-10 players) and public leagues (6 players), and selecting tournament formats ranging from short four-week competitions to full-season play. Players draft a six-club roster through a live “snake draft,” with early rounds requiring one club from each of the four major leagues (Premier League, La Liga, Bundesliga, Serie A), followed by two flexible “Wildcard” picks. The game revolves around weekly match cycles that align with real-world schedules, incorporating transfers, lineup selections, and strict roster rules to ensure balanced competition. Participants earn points based on the real-world club match outcomes and weekly performance bonuses, competing for leaderboard rankings and a tournament championship title. Scoring is adjusted for fairness using a “Match Cap” that limits matches per league over the tournament’s duration, preventing advantages from uneven schedules. The service emphasizes strategic roster management, weekly decision-making, and competitive play, but offers no monetary rewards. Designed purely for entertainment, Klubez delivers a dynamic experience for soccer fans to test their management skills, stay engaged with European club football, and compete with friends or global players in structured, leaderboard-driven leagues.
• Changes to these Terms or the Services. We may update the Terms and/or the Services from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms and/or the Services on our website and/or App and/or may also send other means of communication to you. It’s important that you review the Terms on a regular basis. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services may be evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
• Confidential Information.

“Confidential Information” means all information disclosed by you or by Klubez (“Discloser”) to the other party (“Recipient”) (in any form) that is identified at the time of disclosure as confidential or should have reasonably been known by Recipient to be confidential (including, without limitation, trade secrets and unpublished patent applications, and, for Klubez, its Intellectual Property or any data and information contained therein), together with any documents prepared by Recipient that contain, otherwise reflect, or, in whole or in part, are generated from such disclosed information. Confidential Information includes, without limitation: technical data, trade secrets, know-how, research, product or service ideas or plans, software codes and designs, algorithms, developments, inventions, patent applications, processes, formulas, techniques, mask works, engineering designs and drawings, hardware configuration information, regulatory information, agreements with third parties, lists of, or information relating to, employees and consultants of the Discloser, lists of, or information relating to, suppliers and customers, price lists, pricing methodologies, cost data, market share data, marketing plans, licenses, contract information, business plans, financial forecasts, budgets or other business information disclosed by Discloser (whether by oral, written, graphic or digital format), which Confidential Information is designated in writing to be confidential or proprietary, or if given orally, is confirmed in writing as having been disclosed as confidential or proprietary within a reasonable time (not to exceed thirty (30) days) after the oral disclosure, or which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary. Confidential Information does not include information or materials that (i) is now, or hereafter becomes, through no act or failure to act on the part of Recipient, publicly known or available, (ii) is or was known by Recipient at or before the time such information or material was received from Discloser, as evidenced by Recipient’s tangible (including written or electronic) records, (iii) is furnished to Recipient by a third party that is not under an obligation of confidentiality to Discloser with respect to such information or material, or (iv) is independently developed by Recipient or on behalf of Recipient without any use of Discloser’s Confidential Information.

During the use of the Services and for a period of five (5) years thereafter, each party shall take all reasonable measures to protect the Confidential Information in a manner that is at least as protective as the measures it uses to maintain the confidentiality of its own Confidential Information, but not less than a reasonable standard. Each Recipient shall hold the other Party’s Confidential Information in strict confidence and shall not disclose, copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of such information, or give or disclose such information to third parties, or use such information for any purpose other than as necessary to fulfill the Services. Notwithstanding the foregoing, Recipient may disclose Discloser’s Confidential Information (i) to employees, consultants and subcontractors that have a need to know such information, provided that Recipient shall advise each such employee and consultant of their obligations to keep such information confidential, and (ii) to the extent that Recipient is legally compelled to disclose such Confidential Information pursuant to subpoena or the order of any governmental authority; provided that, where possible and permitted by applicable law, Recipient shall give advance notice of such compelled disclosure to Discloser, and shall cooperate with Discloser in connection with efforts to prevent or limit the scope of such disclosure and/or use of the Confidential Information.

Except as otherwise stated in these Terms and/or other agreement, upon termination of the Services, or such earlier time as Discloser requests, Recipient shall return to Discloser, or, at Discloser’s request, securely destroy all Confidential Information in Recipient’s possession. Notwithstanding the foregoing, Recipient is not obligated to destroy Confidential Information (i) commingled with other information of the Recipient if it would be a substantial administrative burden to excise such Confidential Information, (ii) contained in an archived computer system backup made in accordance with Recipient’s security or disaster recovery procedures, or (iii) required to be retained pursuant to applicable law, regulatory requirements or post-termination obligations as stated in the Documentation, provided in each case that such Confidential Information remains subject to the obligations of confidentiality in this Section.

• Klubez**‘s Intellectual Property.** We may make available through Services content that is subject to intellectual property rights. We retain all rights to our Intellectual Property. “Intellectual Property” means (i) the products, Services and deliverables (excluding any user marks or personal data embedded therein), and any and all software, websites, programs and other applications provided or made available by Klubez in connection with any of the foregoing, and the user experience and look and feel of any of the foregoing, (ii) all documentation, manuals, computer software, processes, procedures, systems, sales materials, technical materials, checklists and any other documentation issued or made available by Klubez, (iii) the Klubez marks, and (iv) any and all improvements, enhancements, modifications, alterations, or derivative works of or to any of the items mentioned in (i), (ii) and (iii) herein.
• **Ownership.
  **Klubez and/or its suppliers own and retain all right, title and interest in and to (i) any underlying data and information contained in the Services (except for any user marks or personal data contained therein), (ii) all related materials employed in performing the Services, and (iii) all ideas, concepts, general skills, know-how, processes, methodologies and techniques resulting from or acquired or used in the course of or arising out of the performance of the Services.
• Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
• Termination. We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 4, 5, 6, 8, 9, 10 11, and12.

User Conduct and Prohibited Use. Your permission to use the Services is conditioned upon your agreement that you will not, and will not attempt to:

a. Use the Services for any illegal purpose or in violation of any local, state, national, or international law.

b. Create or use multiple accounts for the purpose of gaining an unfair advantage, manipulating outcomes, or circumventing any part of these Terms.

c. Use any automated means, including but not limited to bots, scripts, spiders, or scrapers, to access the Services, extract data, or otherwise interfere with the intended operation of the Services.

d. Post, transmit, or otherwise make available any User-Generated Content that is defamatory, obscene, hateful, harassing, threatening, or otherwise objectionable.

e. Harass, threaten, or defraud other users of the Services.

f. Attempt to decompile, reverse-engineer, or otherwise discover the source code of the Services or any part thereof.

g. Use the Services for any commercial purpose, including to advertise or sell goods or services, without our prior written consent.

h. Upload any virus, malware, or other malicious code that could harm, disrupt, or impair the Services or the data of any user.

• Warranty Disclaimers.

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

Indemnity. You will indemnify and hold Klubez and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms.

• Limitation of Liability.

Klubez is not responsible for any negative consequences resulting from the misuse of the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KLUBEZ OR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KLUBEZ OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KLUBEZ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO KLUBEZ FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KLUBEZ, AS APPLICABLE.

‍THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KLUBEZ AND YOU.

• Dispute Resolution. Any controversy or claim arising out of or relating to this Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules. The arbitrator shall be an attorney licensed to practice law in the State of Florida.

The place of arbitration shall be Miami, FL. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.

The arbitration shall be governed by the laws of the State of Florida.

Discovery Limitations: (i) Depositions shall be limited to a maximum of two per party and shall be held within 10 days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator, and for good cause shown. Each deposition shall be limited to a maximum of 1 hour duration; and (ii) In making determinations regarding the scope of exchange of electronic information, the arbitrator and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.

The award shall be made within 6 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties.

The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall be entitled to an award of reasonable attorney fees. The award of the arbitrator shall be accompanied by reasoned opinion.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Non-Payment of Arbitration Expenses. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided above.

• General Terms. (a) Entire Agreement. These Terms (together with the additional agreements referenced in Section 1) constitute the entire and exclusive understanding and agreement between Klubez and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Klubez’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Klubez may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. ‍**(a)** Notices. Any notices or other communications provided by Klubez under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. ‍**(c)** Waiver of Rights. Klubez’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Klubez. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
• Contact Information. If you have any questions about these Terms or the Services, please contact Klubez at info@klubez.com