1. About us and what we do
1.1 Goaly Apps Inc, Panamá, Email: firstname.lastname@example.org ( "we" or "Goaly") provides the mobile applications "Goaly" ("Apps") and the website http://www.goalyapps.com (“Website”), the Apps and Website jointly referred to as the "Platforms.”. We are the operator of the Platforms and accordingly responsible for them. Our Platforms are available worldwide in several languages and are quick and easy to use.
1.2 As a platform operator for the football community, we offer you the opportunity to create and mangment tournament, teams and your own player, share posts with friends, and enjoy football news, live results, videos, and much more. You have easy and uncomplicated access to football news via our Platforms (hereinafter “Content”). The Content that you find on the Platforms will come not only from us, but also from others ("Third Parties"): it is (i) provided to you via various hosting platforms Instagram, Facebook, Snapchat, Vimeo, Dailymotion), (ii) provided by our contractual partners such as blogs and associations that are integrated into the platforms, or (iii) provided directly by us. We do not directly host third-party content that is stored in the corresponding hosting platforms and only embedded by us. We therefore have no influence on the scope and duration of its storage or availability. Based on the typical icons (e.g. camera for Instagram, green round icon with footballer for GoalyApps, respective club/blog logos), you can identify the source of the respective Content.
2. Scope and what you can and can't expect
2.3 We may change or adapt these terms of service with future effect, for example to take into account changes in the law, changes in the conditions for procuring content, or to close any loopholes herein. As far as our fee-based offers are concerned, we will only change or adapt these terms of service with future effect if there are external circumstances that force us to do so, e.g. for example to take into account changes in the law, changes in the conditions for procuring content, or to close any loopholes herein. In such a situation, we will provide you with timely, appropriate notice. Such changes would apply to paid offers if you don't object to them in text form (e.g. email) within 30 days of such notice. Should you object, we or you may terminate the contract with immediate effect.
2.4 You have no guaranteed right to the availability of certain Content or media functions.
2.5 We are not obliged to improve, expand, update, upgrade, or make the content, functions, and services available on the Platforms.
2.6 We may stop any or all of our services at any time. There is no right to their continued provision.
3. Purpose, contract
3.1 This contract covers the free and/or paid use of our Platforms.
3.2 The contractual relationship between you and us comes into force as soon as you click on the "Install" button found on the product description page in the respective app store and, if necessary, enter your password or as soon as you use the Website.
3.3 In the free, purely ad-financed version of the Apps, advertisements will be displayed in the form of banners, full-screen ads, or sponsor content.
3.4 Goaly App Sub
3.4.1 We offer a paid subscription service Goaly App Sub” which will allow you to use the App without seeing certain advertising, that is otherwise usually displayed in the app in the following formats:
- Native Banner
Please note that branding and product integrations by selected GoalyApps business partners, such as:
- TV guide listings
- Sports betting prediction components (e.g. “1X2”)
- Immersive push notifications will still be visible.
In addition, the settings in your smartphone for data protection/advertising can also affect the visibility of advertising.
3.4.2 If you want to purchase our paid subscription Goaly Sub”, you can do so at the indicated price through Apple’s in-app purchase process. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your password for the relevant app store. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process. You should then receive a receipt confirmation from the relevant app store (not directly from us).
3.4.3 Your subscription has an initial term of 1 (one) month which will be automatically renewed on a monthly basis unless you terminate the subscription by canceling it in your iTunes settings. You may terminate your Goaly Sub subscription at any time prior to the expiry of your subscription period.
The termination becomes effective on the day following the last day of your current subscription period and you will be downgraded to the regular app version. However, once you renew GoalyApps Sub again, you will be instantly able to access the GoalyApps app with significantly less advertisement again.
Your payment obligation to us will automatically be renewed at the end of the relevant subscription term unless you canceled your paid subscription.
3.5 We will expand, change, delete, and improve our services and offers as necessary, especially if this serves technical progress, appears necessary, and/or is needed to prevent misuse. Such changes may lead to changes in the appearance, navigation, or functions of the App. However, we promise to always keep your user experience in mind. It is our top priority.
4. Right of Withdrawal
You have the right to withdraw from the contract within fourteen (14) days without stating any reason. The withdrawal period shall be fourteen (14) days and starts on the day of conclusion of the contract. In order to exercise your right of withdrawal, please send email to email@example.com. You can do so by using the sample withdrawal form as provided in the document Cancellation policy. The deadline is deemed to be met if you post the notice of withdrawal prior to the expiry of the withdrawal period.
4.1. Consequences of Withdrawal
If you withdraw from the contract, we will refund all payments which we have received from you, including delivery costs (excluding any additional costs resulting from your opting for a type of delivery other than the cheaper standard delivery offered), immediately and no later than fourteen (14) days after receipt of your notice of withdrawal. For the refund we use the same method of payment that you have used for the original transaction, unless otherwise agreed with you; in no event, we will charge a refund fee. In case you have asked us to start the service within the withdrawal period, you must pay a reasonable amount corresponding to the share of the services provided until the date of exercising the right of withdrawal in relation to the entire services to be provided as per the contract.
4.2. Expiration of the Right of Withdrawal
In the case of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal expires also if we began with the performance of the contract after you (i) have expressly consented to us beginning with the performance of the contract prior to expiry of the withdrawal period, and (ii) have acknowledged that by your consent, you would lose the right to withdraw from the contract upon the performance of the contract having commenced. Please note that in the case of an in-app purchase, you have an option to withdraw within the respective app store.
5.1 You can download our Apps for different devices in the respective app store or use the Website. Registration is not required, but is required in order to use all functions, especially social media channels.
5.2 We offer various registration options to choose from.
5.3 To register, you are required to provide the requested data truthfully and completely, unless it is clearly marked as optional. You need to create a username and provide us with an email address so we can contact you.
5.4. You are obliged to update your information immediately should it change.
6. Profile, uploading images and other content
6.1 You may, if you like, upload a profile picture. Before uploading any photo, you are obliged to ensure that you have the necessary right to use it. In particular, pictures or photos with people other than you may only be uploaded if you have their consent. If you want to use a photo taken by someone other than you, you also need that person's consent.
6.2 The publication of the image or other content must not violate legal regulations, good morals, or the rights of third parties; in particular you must not upload or make publicly available any images showing violence or that are pornographic, discriminatory, insulting, racist, defamatory, or contain other illegal content or representations.6.2 The publication of the image or other content must not violate legal regulations, good morals, or the rights of third parties; in particular you must not upload or make publicly available any images showing violence or that are pornographic, discriminatory, insulting, racist, defamatory, or contain other illegal content or representations.
6.3 You are responsible for the data, images, and content you provide. We do not check whether they are correct or free of viruses. You are also responsible for taking the appropriate precautions, for example, by backing up your data regularly in accordance with applicable risks so that you can restore it if lost.
6.4 You have the option to report individual posts if you believe that they violate your copyright, trademark, or other rights. Misuse of the reporting function may result in your profile or email address being blocked.
7. Rules: do's and don't's
7.1 We are the owners or licensees of all intellectual property rights or have the express permission of the rights holders to operate the platforms including the content. All content, including but not limited to the design, text, software, graphics, material, and images that are made available to you (and any selection or arrangement of the same) is subject to our copyright and/or that of others. Therefore, the following applies:
7.2 The Platforms are only for your personal use. This means that under no circumstances may you use them to do or promote business. Keyword influencing or sharing on social media platforms is absolutely forbidden.
This means that any use that goes beyond your personal use in your private environment and/or for commercial or commercial purposes, serving people personally connected to you and/or other third parties, in particular linear and/or non-linear transmissions, broadcasting, reposting and/ or making them publicly available, in particular in peer-to-peer networks and/or via streaming services, commenting on the creation of radio/audio reports, the creation of running texts, screen or video texts, live tickers, SMS services, and any form of processing, editing, and/or duplication of the content and/or the offers/programs are all strictly prohibited.
7.3 You are obliged to use the Apps only via an approved device. If a password is required, you must keep it safe and confidential.
7.4 You are obliged not to copy, record, or save the Platforms and their content either in whole or in part (unless permitted as a feature of the App) or to redirect, forward, share, retransmit, record, or otherwise share the content in whole or in part with other persons or to allow, enable, or induce another person to do so.
7.5 You may not modify, disassemble, decompile, or reverse-engineer the apps.
7.6 You may not use the Platforms in situations in which you simultaneously allow people to view/use them in public or allow, enable, or induce other people to do so.
7.7 You must not misuse the Platforms or use them for unlawful or unauthorised purposes (including the transmission of viruses via the Apps or use the Apps in such a way that violates the rights of other people).
7.8 You may not circumvent or attempt to circumvent the usage restrictions, such as territorial restrictions via a VPN.
7.9 You may not attack the functionality of our Platforms, such as sending spam, attempting to hack the site, unleashing brute force attacks, or using/sending spy software, viruses, or worms. In addition, you may not decompile, develop, disassemble, access, or decrypt the source code of the Apps and the SDKs integrated into them; (ii) carry out modifications, adjustments, improvements, extensions, translations, or activities derived therefrom on the app; (iii) remove, obscure, or change any proprietary notices (including copyright and trademark notices) that we or our affiliates, partners, suppliers, and/or licensors have placed.
7.10 If you violate these rules, we are entitled to give you a warning, temporarily block you, or, if necessary, even completely exclude you from using the Platforms. We are also free to support the prosecution of criminal acts and pursue civil or criminal action in relation to illegal content or use of the Platforms. We are under no obligation to warn you in advance or to notify you if we decide to delete your illegal content.
8. Technical requirements
8.1 It is your responsibility to have and maintain all the necessary hardware and software necessary to access, receive, and display the apps and/or website. To download and use the Platforms, you need an internet connection on your device. We recommend that you always keep your operating systems and App versions up to date.
8.2 We will make efforts to ensure that the Platforms are available whenever possible. Except in the context of Section 11.1 below, we assume no liability, especially if you are unable to use the Platforms due to outdated operating systems or App versions.
8.3 In order to update or maintain the Platforms, we sometimes have to suspend operations for a time. We will try to keep this disruption to a minimum and preferably at low-traffic times.
8.4 In cases in which you believe that you are entitled to a refund for the paid App version, please contact us via the contact form or use the contact function in our apps. If the paid App version was paid through a payment provider, you should contact the payment provider instead. Your payment provider can refund the applicable purchase price or, if necessary, forward your request to us; we will then review your request. The payment provider has no other warranty obligation with regard to the paid App version.
8.5 The quality of the streaming services can vary from one device to another and can be influenced by various factors such as your location, the available bandwidth, and/or the speed of your internet connection.
8.6 A minimum download speed of at least 5.0 Mbit/s for each stream is recommended for the playback of HD content with 720p or higher. You should check with your service provider to determine whether data charges apply.
8.7 We provide the Apps for various end devices. The functionalities may differ depending on your device. The use of the Apps may be subject to the use of third-party software subject to separate licensing terms.
9. Termination, duration
9.1 You can cancel the free version of the app at any time with immediate effect by deleting the app from your respective mobile device. Regarding the paid version Sub, you may terminate the subscription by canceling it in your iTunes settings. You may terminate your Sub subscription at any time prior to the expiry of your subscription period. The termination of the Sub subscription becomes effective on the day following the last day of your current subscription period and you will be downgraded to the regular app version. However, once you renew Sub again, you will be instantly able to access the app with significantly less advertisement again
9.2 The subscription Sub automatically expires latest after 1(one) month.
9.3 We can terminate our contract with you for the use of the free version of the App at any time.
9.4 You and we always have the right to terminate the contract for cause. If we terminate the contract for any reason other than a breach of contract on your part, you are entitled to a partial refund of any purchase price paid in advance for the paid version of the App.
10. Compensation for damages
10.1 You are obliged to fully compensate us for all damage, costs, and expenses (including reasonable legal defence costs) that we incur as a result of the following:
10.1.1 your culpable misrepresentation, act, or omission in connection with the use of the Platforms;
10.1.3 claims asserted by third parties that arise from or are in connection with your culpable access to or use of the platforms that are not in accordance with these conditions.
10.2. Damage within the meaning of section 10.1. also include compensation to which we or our agents are exposed because of one of the incidents described above.
10.3 The above obligations only apply if you are responsible for the infringement in question, that is, you have acted deliberately or have neglected to exercise proper care in the use of the Apps.
11.1 Except in the cases described in Section 11.2, any liability resulting from or in connection with the fulfilment of our contractual obligations towards you is limited to the typically foreseeable damage that would result from this kind of contractual relationship in the event of a negligent breach of an essential contractual obligation. An “essential contractual obligation” under these terms is one which is essential for the proper execution of these terms and the violation of which endangers their purpose and fulfilment and upon which users can regularly rely. Typically foreseeable loss or damage is what was typically foreseeable at the time these terms and conditions were accepted. We and our agents disclaim any liability for any damage caused by a negligent breach of a non-essential contractual obligation.
11.2. We and our agents do not, however, limit or disclaim any liability for any damage, death, personal injury, or fraud caused by our gross negligence or wilful intent. Likewise, any further mandatory consumer rights remain unaffected.
11.3 The above disclaimers and limitations of liability do not apply if we fraudulently conceal a circumstance regarding the standard of the platforms or if we guarantee the functionality of the app or website. The same applies to any user claims under the Product Liability Act.
11.4 There is no liability for damage resulting from force majeure, such as: the failure of electronic or mechanical devices or communication channels, acts of third parties (including denial-of-service attacks and excessive or improper use of the apps), telephone or other connection problems, computer viruses, unauthorized access, theft, operating errors, fire, storms including floods, regulatory or other acts by supervisory, governmental or supranational authorities, war, riots, or industrial disputes.
12. Data protection
You can contact us for any reason using the "contact form" in our apps or under the following link. You may need to provide your email address, home address, product details, and payment information, which may include your billing address, so that we can help you or identify you.
14.1 We may transfer, pass on, or otherwise use our rights and/or obligations under these conditions without informing you in advance or obtaining your consent. If you are a user of a paid App version, we will inform you accordingly in text form (e.g. by email). You would then have the right to send us written notice terminating the contractual relationship within four weeks of receiving our notice.
14.2 With the exception of any claims for damages, you are not entitled to transfer, pass on, or otherwise trade your rights and/or obligations under these conditions.
15. Severability clause
16. Your rights
You have the right to information about the processing of your personal data by us at any time. In this context we will explain the data processing to you and provide you with an overview of the data stored about you. If data stored by us is incorrect or no longer current, you have the right to have this data corrected. You can also request the deletion of your data. If, in exceptional cases, deletion is not possible due to other legal regulations, the data will be blocked - provided the necessary conditions are met - so that it is only available for this legal purpose. You can also have the processing of your personal data restricted if, for example, you doubt the accuracy of the data. Under certain conditions, you also have the right to data transferability, i.e. that we send you upon request a digital copy of the personal data you have provided us with. In order to assert your rights described here, you can contact us at any time using the contact details given above. This also applies if you wish to receive copies of guarantees to prove an adequate level of data protection.
Your inquiries regarding the assertion of data protection rights and our answers to them will be kept for documentation purposes for a period of three years and in individual cases for the assertion, exercise or defense of legal claims even beyond this period. The legal basis is Art. 6 Paragraph 1, f.) GDPR, based on our interest in defending against any civil law claims under Art. 82 GDPR, avoiding fines under Art. 83 GDPR and fulfilling our accountability under Art. 5 GDPR. You have the right to revoke a consent previously provided to us at any time. The consequence of this is that we will no longer process your data in relation to that consent in the future. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the revocation. If we process your data on the basis of legitimate interests, you have the right to object to the processing of your data at any time for on grounds relating to your particular situation. If you object to data processing for direct marketing purposes, you have a general right of objection, which we will implement without requiring you to state your reasons for objecting. If you wish to exercise your right of revocation or objection, simply send an informal message to the contact details listed above.
How to delete your Goaly account?
Although we are sorry that you want to delete your account, we certainly want to make it easy for you to do so. In order to delete your account, please follow these steps: In order to proceed with your order, you must go through the proper channel. In your Profile tab, navigate to Settings From there, check the option:
This way, we have all the necessary information we need to delete your account and your data. You will receive a message after having initiated the first steps and a second message once your data was finally deleted.
How to delete your Goaly account and data by e-mail ?
Send us an email to the account "firstname.lastname@example.org". As the subject of the email should be "I want Goaly to delete my account and data (GDPR)" and the body of the mail must have the username and the email with which the account was registered. This way, we have all the necessary information we need to delete your account and your data. You will receive a message after having initiated the first steps and a second message once your data was finally deleted.
Updated: Febrary 2023