Usersvearrings

It is very important that you read and understand our Terms of Use and Rules of Game before purchasing Virtual Shares . If you do not understand or agree to them, please do not purchase Virtual Shares or otherwise use the Service.

SIGNIFICANT RISKS:

• Your money is at risk when you buy Virtual stocks on Masterscout. You may lose your money. Prices of Virtual shares of players may fall or rise.
• You may not be able to sell your Virtual shares at any given time. Your ability to sell Virtual shares is affected by the level of demand for Virtual shares among other users on the platform. We do not repurchase Virtual shares.
• We may increase the Commission or the basis on which it is paid from time to time.
• We may add, remove or change product features and/or functionality. This may affect how or when you can buy or sell Virtual Shares and/or otherwise use the Platform.
• When we make material changes that are to your detriment, we will give you at least 30 days' notice by alerting you on this site's home page or by e-mail.
• We may need to contact you from time to time in accordance with these terms and conditions.

1. INTRODUCTION

1.1 "Masterscout", a platform in which Virtual Shares of soccer players are offered, provided to you by Masterscout B.V. ("Masterscout","us","we" or "our").

1.2. The registered office of Masterscout B.V. is at Ceresstraat 13, 4811 CA in Breda.

1.3. Please read these terms of use ("Terms of Use") carefully. They describe the basis on which you may use Masterscout, which can be accessed through our website at www.masterscout.io (the "Website") and through our software application (the "App") (together, the "Service").

1.4. These Terms of Use, together with the Game Rules , any specific promotion or contest terms and conditions ("Promotion Rules") and our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Masterscout with respect to your use of the Service.

1.5. If there is a conflict or inconsistency between:

these Terms of Use;

the rules of the game; and/or

all Promotion Rules,

they will prevail in that order.

1.6. By accessing, logging into, or otherwise using any part of the Service, you confirm that you have read, understood, and agree to be bound by the Terms of Use (including, for the avoidance of doubt, these Terms of Use, the Game Rules , and any applicable Promotion Rules).

1.7. We recommend that you print a copy of the Terms of Use for your future use.

1.8. If you do not agree to the Terms of Use, you should not click the accept button and you should not use the Service.

2. DEFINITIONS AND INTERPRETATION

2.1. When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as"defined terms"). You can recognize these defined terms by the fact that they begin with capital letters (even if they are not at the beginning of a sentence). Where a defined term is used, it has the meaning set forth below or given to it in the section of these Terms of Use where the term was defined (you can find these meanings by looking at the sentence where the defined term appears in parentheses and spaces).

"Account" refers to a Masterscout account held by an Account Holder.

"Account Holder" is a person who has opened an Account on Masterscout, via the Website or the App.

"App" refers to the means by which our services are offered to Account Holders.

"Applicable Law" means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or quasi-governmental regulatory body, including all advertising -regulations and data protection legislation.

"Virtual shares" refers to the instrument issued per soccer player on Masterscout that can be traded (bought and sold) on the platform.

"FTB" refers to Masterscout's internal payment currency. The value of all Virtual shares are expressed in FTB.

"Order" means placing a purchase or sale transaction to purchase a Virtual Share offered for sale in the market at a specified price.

"Balance" means the Balance (expressed in FTB currency) held in your Account at any given time, as displayed on your Account summary page.

"Commission" means the administrative fee charged by Masterscout on eligible transactions, or otherwise charged in accordance with these Terms of Use. The current commission charged on transactions can be found in our game rules.

"Content" means all information, data, graphics, photos, videos, text and other content displayed on the Website, the App and/or the Service (including Third Party Content).

"Cookie Policy" means Masterscout's cookie policy, as may be updated from time to time, the current version of which is available here.

"Force majeure" refers to any event or circumstance beyond our reasonable control that results in a delay or failure to perform our contractual obligation(s), including force majeure, governmental restrictions (including the denial, suspension or revocation of any necessary permit where such denial, suspension or revocation is beyond our reasonable control) wars, the outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, epidemics, pandemics, theft, malicious damage, computer hacks, strikes, lockouts, delays and failures of supplies and subcontractors, power outages, Internet outages and/or any other cause beyond our reasonable control.

"Rules of the Game" are the rules that describe the operation of the Service. They can be found here .

"Inactive Account" refers to an Account where the Account Holder has not accessed their Account for more than three years.

"Initial Offer of a Player" is defined in Article 8.11.

"Material breach" means:

1. when a user violates any provision of clause 4.2, 4.3 or 4.4;
2. where Masterscout otherwise determines in its reasonable discretion that the user's trading behavior amounts to a material breach following an investigation of Suspicious Transactions; or
3. when we, acting reasonably, believe that your acts or omissions amount to a material breach of our Terms of Use.

"Privacy Policy" is the Masterscout Privacy Policy, as may be updated from time to time, the current version of which is available here .

"Service" is defined in Article 1.1.

"Suspicious orders" is defined in Article 16(1).

"Terms of Use" is defined in Article 1.4.

"Third Party Content" means any content available on the Website that belongs to a third party, including the names and images of sports teams, event organizers or players displayed on the Website or on the App.

"User," "you," and/or"your" refers to a visitor to the Website and/or the App generally or an Account Holder (as applicable).

"User Produced Content" is defined in Article 15.1.

"Invest phase" is the phase in which the initial issuance of Virtual shares of a player is carried out.

2.2. All references to "including" mean "including, but not limited to."

2.3. All references in these Terms of Use to the singular shall include the plural and vice versa.

2.4. All references to "the" include "a/an" and vice versa.

3. OUR RIGHT TO CHANGE THE SERVICE

3.1. We may add, remove or change product features or functionality of the Service. This may affect how or when you can buy or sell Virtual Shares or otherwise use Masterscout. If such changes are adverse to users, we will give you at least 30 days' notice of such changes by alerting you on the home page of the Website or via email.

3.2. We reserve the right to change characteristics of soccer players and their virtual shares.

3.3. We reserve the right once per calendar quarter to increase the Commission we charge for eligible transactions.

3.4. We may modify the Service to comply with Applicable Laws or if we are required to do so by a regulator.

3.5. All material changes to the Service will be reflected in the Terms of Use. We will notify you in writing of any material changes to the Service that are adverse to users at least 30 days before the changes are made.

3.6. Your continued use of the Service (including through the continuation of your wallet) after any of the changes referenced in this Section 3 are implemented constitutes your acceptance of the amended Terms of Use. If you do not agree to (or cannot comply with) the amended Terms of Use, you should not use the Service and should either:

3.6.1. immediately offer the Virtual Shares for sale in accordance with the Game Rules and as soon as the shares are sold (or sooner) discontinue your use of the Service and notify us as soon as practicable that you wish to close your Account; or

3.6.2. notify us immediately so that we can close your Account in accordance with the procedure set forth in Article 4.1.2.

4. YOUR USE OF OUR SERVICE

4.1. We reserve the right to withdraw Service from you and/or suspend your Account at any time in accordance with the Suspicious Orders procedure in Article 16. If we determine that closure of your Account is necessary, we will terminate your Account as follows:

4.1.1. TERMINATION ON DEATH FACT: If we determine that you have committed a Material Breach, we may terminate your Account in accordance with the following procedure:

4.1.1.1. suspend your Account and deny you access to it;

4.1.1.2. refund to you your original cash deposits less any withdrawals you made less any losses you may have suffered (due to the depreciation of Virtual Shares) less any losses we may have suffered as a result of your Material Breach; and

4.1.1.3. terminate your Account; you will not be entitled to retain or claim any profits whatsoever, appreciation in value of your Virtual Shares and/or other payouts or amounts in excess of your cash deposits.

4.1.2. TERMINATION AT GOOD POWER: If (i) we determine that your conduct does not amount to a Material Breach, but that termination of your Account is still necessary; (ii) you choose to terminate your Account and/or (iii) you choose to exclude yourself, we may terminate your Account in accordance with the following procedure:

4.1.2.1. suspend your Account and deny you access to it;

4.1.2.2. return your free FTB Balance (as visible on Account Page) as soon as practical;

4.1.2.3 terminate your Account.

4.2. You must not:

4.2.1. disrupt or disrupt the Service or any servers or networks connected to the Service, including by sending worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or disrupt the way any page of the Service is displayed in your browser or device;

4.2.2. access or use the Service by any means not previously approved by us in writing, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (excluding standard search engine technologies);

4.2.3. attempt to restrict another user of the Service from using or enjoying the Service, and you may not encourage or facilitate the violation of the User Terms by others;

Use the Service for illegal, fraudulent or unauthorized purposes; or

4.2.5. Making a deposit and then immediately withdrawing the funds without applying the funds to Masterscout's services. In this case, the transaction fees of the deposit charged to Masterscout will be deducted from the withdrawal.

4.2.6. modify, adapt or alter the Service or Content, or modify, adapt or alter another website so as to inaccurately suggest a connection to the Service or to us.

4.3. By using our Service, you confirm and agree that you:

4.3.1. are at least 18 years old or over the legal age to use this Service under the Applicable Laws of the country where the user is present or resident, and that you understand that this Service by minors is a criminal offense;

4.3.2. reside in the Netherlands, Belgium or the United Kingdom.

4.3.3. be legally able to enter into binding agreements;

4.3.4. are a physical person;

4.3.5. are not a professional soccer player, official or other participant in any professional sport, competition or league in respect of which we offer our Service, unless otherwise agreed by each other;

4.3.6. not deposit funds derived from criminal and/or other illicit activities or engage in criminal activities involving an Account directly or indirectly;

4.3.7. not deposit funds through a Card and/or bank account in the name of a third party and/or use a Card and/or bank account in a jurisdiction where our Service is prohibited;

4.3.8. shall comply with all Applicable Laws.

4.4. By using our Service, you further confirm and agree that you:

4.4.1. will not access or use the Service from outside the Netherlands, Belgium or the United Kingdom;

4.4.2. not act on behalf of, or in conjunction with, any other party when you use our Service;

4.4.3. will keep your Account information up-to-date regarding the following: first and last name, country of residence, mailing address, valid email address;

4.4.5. provided truthful, complete and accurate information during the registration process;

4.4.6. will not open more than one account with us;

4.4.7. shall not, as an Account Holder, permit any other person to access, use, deposit funds into or transact from your Account;

4.4.8. will not post content or images online that are in any way illegal, harmful, threatening, defamatory, obscene, harassing or otherwise damaging to Masterscout's reputation (including on any social media platforms);

4.4.9. only deposit your own money into your Account and, in particular, you will not use borrowed or loaned money from any other person or company, or any bank, credit or loan facility, to place Orders on the Platform or deposit money into your Account.

4.5. The availability of our Service does not constitute an offer, solicitation or invitation by us to use our Service in any jurisdiction in which such use is prohibited by law. We are not liable for any violation of local, state, federal, state or other laws that may occur as a result of your use of the Service.

4.6. You may open only one open login session for your Account at any time (this includes via the Website and/or the App via your mobile device).

4.7. If you are found to have violated any of the Terms of Use:

4.7.1. Any order placed by you at the applicable time may be cancelled, and we may withdraw the Service and terminate your account in accordance with Section 4.1;

4.7.2. there will be no obligation for Masterscout to pay any amounts to you that would otherwise have been payable in respect of any Order placed by you; and

4.7.3. we may refer the matter to the police, crime prevention agencies, guardians and/or family members, or any appropriate regulatory body (including sports governing bodies).

5. REGISTERING AN ACCOUNT

5.1. To open an account, you must provide the following information, along with any other requested information, in the account opening form:

5.1.1. your date of birth (showing that you are over eighteen (18) years of age);

5.1.2. your first and last name;

5.1.3. your place of residence;

5.1.5. your valid e-mail address; and

5.1.6. a confidential username and password of your choice.

5.2. When you apply to become an Account Holder, you must not be under 18 years of age. We reserve the right to require proof of identity and address, such as:

1. A passport or national identity card; and/or
2. A driver's license; and/or
3. a recent utility bill; and other reasonable documentation, and performing required checks, to verify the information you provided in your account opening form.

5.3. You will not be permitted to withdraw funds from your Account unless you have completed the verification process. If your verification cannot be completed to Masterscout's satisfaction, your Account will be suspended, and no withdrawals will be permitted, until such additional verification is satisfactorily completed. If, during the verification process, you are found to be a minor or you otherwise fail to comply with the verification, your Account will be suspended indefinitely, and no further dealings will be permitted from your Account until you have satisfactorily completed the verification process at a later date.

5.4. We are subject to a regulatory requirement to verify the source of funds placed on certain deposits and withdrawals. To that end, we may ask you for such other information or documentation as we reasonably require to verify your identity, source of funds and/or your compliance with the Terms of Use and other Applicable Laws. We may suspend your account at the time we request source of funds documentation (or other verification information). Alternatively, we may, acting reasonably, suspend or terminate your account if you fail to respond to our requests, or otherwise fail to provide such information or documentation to successfully complete your verification (at our sole discretion). We reserve the right to disclose any information we deem necessary to relevant authorities such as the Unusual Transactions Disclosure Office.

5.5. We may also request additional information from time to time to ensure that the information we have about your identity and source of funds remains accurate.

5.6. It is your responsibility to ensure that your personal information (including contact information) on your Account is current and up-to-date, as failure to do so may result in orders or payments being delayed, declined or payments being issued incorrectly.

5.7. No more than one Account is allowed per Account Holder.

5.8. We reserve the right to suspend or close suspected duplicate Accounts in accordance with the process described in Article 4.1.1.

5.8. We may, in our sole discretion, refuse to open an account without explanation.

5.9. If we discover, or have reasonable grounds to believe, that you are violating any of the Terms of Use, we will not register you as an Account Holder, or if you are already registered, we may suspend and/or close the Account with immediate effect. If we close an Account, the provisions of clauses 4.1 will apply.

5.10. When you open an Account, you confirm that you understand and agree that:

5.10.1. there is no obligation for you to use the Service, and such participation, if elected by you, is at your own choice, discretion and risk; and

5.10.2. you may only use the Service for individual, personal and not for professional or union purposes.

5.11. If you have a question regarding your Account, it is your responsibility to notify us as soon as possible and provide us with as much information as we may reasonably request.

6. SECURITY OF PASSWORDS AND ACCOUNTS

6.1. Your username and password must be kept confidential by you. We reserve the right to consider all Orders registered on or placed from your Account as valid, with your username and password (or other criteria as required and as communicated to you) entered correctly (which may be due to your negligence), unless you can prove to our reasonable satisfaction that such use was not permitted or authorized by you, nor was due to your fault or negligence.

6.2. Please contact us immediately if you have lost or forgotten your Account Information.

6.3. You agree to notify us immediately (by telephone, where possible) if you believe your Account information is being misused by a third party, so that we may suspend your Account to prevent further misuse.

7 DEPOSITS AND WITHDRAWALS

7.1. Except where we have deposited funds into your Account as part of a promotion, you must deposit funds into your Account in order to trade in Virtual Shares available through the Service. Details on how to deposit funds to and withdraw funds from your Account can be found on the Website.

7.2. Account Holders can only make deposits and withdrawals from their Account in EURO ("EUR"). Any charges for currency conversion shall be borne by the Account Holder. Please note that our services may be sensitive to currency fluctuations. All financial transactions are conducted in Euro, and any fluctuations in exchange rates may affect the final value of transactions. As a user, you are fully responsible for any currency risks that may arise when using our services. We accept no liability for losses arising from such currency fluctuations. It is recommended that users be aware of the potential risks and take appropriate measures to protect against them

7.3. We only accept payments through our payment gateway to make deposits to your Account. Checks, cash or bank drafts are not accepted by us.

7.4. Minimum deposits to the account are not currently applicable. Interest is not payable on account balances. Possible negative interest may be charged on account balances. We do not extend credit. It is your responsibility to maintain sufficient funds in your Account, and to place your Orders accordingly. If an Order is inadvertently accepted where your Account does not have sufficient balance to cover the entire Order, we may either:

7.4.1. cancel the Order; or

7.4.2. accept the Order and require you to pay the shortfall.

7.5. Funds may be withdrawn by you from your Account provided that:

7.5.1. you have otherwise complied with all applicable Promotion Rules to which such funds relate;

7.5.2. all payments on your Account have been confirmed as settled and have not been reversed, reversed or otherwise cancelled;

7.5.3. all identity checks we perform, including those required to be performed by applicable anti-money laundering regulations and rules or other obligations, are clear (including verification). Additional verifications may be required in connection with certain services that may cause an additional delay in withdrawing funds; and

7.5.4. you have complied with the rest of these Terms of Use.

7.6. Please note that additional costs may arise due to external factors such as financial institutions, payment processors or exchange rate surcharges. These additional costs, if any, will be entirely at your expense. It is your responsibility to check applicable third-party fees and terms before making any transactions. We will not be liable for any additional charges resulting from external factors.

7.7. You (and not us) are responsible for reporting or declaring withdrawn funds, including any profits, if such reporting is required by local law, tax or other authorities.

7.8. We may at any time set off the amount deposited in your Account against any amounts owed to us by you.

7.9 FTB allocated to your trading account in a standard or one-off (promotional) promotion following a deposit cannot be distributed as a payout and should be used as additional budget to purchase virtual shares.

8. Placement of Orders

8.1. Please refer to the Rules of the Game for information and instructions on placing Orders on Masterscout.

8.2. It is important that you read and fully understand the Rules of the Game to understand the terminology used on the platform and how Masterscout is operated. We accept no responsibility if you purchase Virtual Shares in circumstances where you have not read (or do not fully understand) the Rules of the Game, or you are unfamiliar with how the Service works.

8.3. You may only place Orders up to the amount shown in your Balance Sheet. Orders placed become valid only after we have received full and sufficient payment from your Account or when we, in our sole discretion, expressly authorize the Order subject to consent.

8.4. We reserve the right, in our sole discretion, to accept or reject any Order, in whole or in part, for any reason.

8.5. You must use your own judgment when placing an Order.

8.6. Orders must be placed through the App.

8.7. Any special offers or promotions are available at our sole discretion and may be limited at any time on an individual Account basis, or withdrawn. Promotions will be subject to their own Promotion Rules which will be made accessible through the Website or otherwise communicated to you. By participating in any promotion, you agree to be bound by and comply with the applicable Promotion Rules.

8.8. If there is a dispute as to when an Order was placed, or as to whether an Order was placed, the time at which the Order is recorded (if recorded) in the transaction log will determine settlement. If an attempt to place an Order is not recorded in the transaction log, no Order is considered to have been placed. You should check in the app via Account → History → Transaction History' to see if the Order has been placed.

8.9. We use an algorithm to determine Share price changes. Share price changes are determined based on supply and demand of the Virtual Shares and player performance based on scores from our partner Sofascore. From time to time, we may change our algorithm to accommodate changes in market dynamics and scale. This can affect Share price movements both positively and negatively. When making changes to our price change algorithm, we will always try to act in the best interest of the market as a whole.

8.10. We may allow corporate accounts to use the Service. Corporate accounts may be exempt from some or all of the Terms of Use that would not be appropriate for corporate accounts, and separate terms may apply to their use of the Service.

8.11. A maximum of 10 shares of a player may be offered at a time by 1 user via a sell limit (set your price) order. Orders that do not meet this limit will be deleted.

8.12. Placed buy orders from users that are lower than 40% of the current price will be removed to protect the market.

8.13. Initially offered Virtual Shares in the Invest Phase ("Initial Player Offer") are offered at an incremental price set by us. Shares in the Invest Phase cannot be sold.

9. PROFITS & PAYMENT

9.1. All payments made to you as part of a withdrawal of funds from your Account will be made to the account number known to us.

9.2. Bank transfers may take up to 10 business days to process.

9.3. A 1.5% commission is charged for payouts.

9.4 The minimum amount to pay out is 5 FTB.

10. YOUR FUNDS

10.1. Your Cash Balance is held in a standalone trading account in the name of Masterscout BV. This account is separate from Masterscout BV's general trading account and is used for all users of Masterscout. Only deposits and withdrawals will be processed within this account.

10.2 Once you have purchased Virtual Shares, the applicable value of your Virtual Shares is not stored in an account or otherwise protected where the risk lies with the user.

11. ERRORS AND SUSPECTED ERRORS

11.1. We make every effort to ensure that there are no errors in prices offered or Orders accepted by us through the Website/App. However, human and/or system errors may occasionally occur.

11.2. We reserve the right to correct reasonably obvious errors and to cancel all Orders placed where such errors have occurred, including duplicate or incorrect issuance of Shares, duplicate or incorrect payments (e.g., bonuses, deposits, withdrawals, incorrect credit in soccer player sales).

11.3. If funds are accidentally credited to your Account or to your Card account, it is your responsibility to notify us of the error without delay. Any winnings credited after the error and before notification to us, whether or not related to the error, will be considered invalid and will be returned to, or may otherwise be reclaimed by, us.

11.4. Any amounts credited to your Account or paid to you as a result of an error shall be deemed, pending resolution under clause 11.2, to be held by you in trust for us and must be immediately refunded to us. In such circumstances, if you have funds in your Account, we may recover such funds from your Account. We agree that we will use reasonable efforts to detect any errors and notify you of any such errors relating to you, your affiliation with us, or your Account, as soon as reasonably possible.

11.5. As soon as you suspect or become aware of an error, you should:

11.5.1. immediately cease all activities on the Service; and

11.5.2. notify us as soon as reasonably possible of any such error or suspected error.

11.6. Where you have used monies credited to your Account, or granted to you as a result of error, to place Orders, we may cancel such Orders and/or withhold any winnings you may have gained from such monies, and if we have paid out on such Orders, such sums shall be deemed to be held by you on our behalf and must be immediately repaid to us.

12. CHARGE-BACKS

You ensure that no chargebacks or other cancellations of deposits relating to your Account will be made without our consent. You agree to reimburse us for all costs we would incur as a result of your breach of this clause.

13. CLOSURE OF ACCOUNTS

13.1. Please contact us if you wish to close your Account.

13.2. If your Account becomes an Inactive Account:

13.2.1. we will make reasonable efforts (at least two emails) to notify you and give you an opportunity to reactivate your Account and

13.2.2. if you do not reactivate your Account within 60 days of receiving our initial email in accordance with clause 13.2.1, we reserve the right to terminate your Account in accordance with clause 4.1.2.

13.3. If we are unable to return to you the funds owed to you under Section 13.2.2, a fee to offset the costs incurred by us in holding the Inactive will be deducted from the funds in your Inactive Account from the date specified in the Inactive Notice to the earliest of the following dates:

13.3.1. reactivating your Account; or

13.3.2. the funds in your Inactive Account are exhausted (at which point we may close your Account).

13.4. If you have questions about Inactive Accounts, please contact the Service Desk for further information.

14. INTELLECTUAL PROPERTY OF OUR WEBSITE AND CONTENT

14.1. We are the owner or licensee of all copyrights, trademarks, patents, database rights and all other intellectual property rights anywhere in the world, registered or unregistered, including any application or right to apply such rights in all trademarks, service marks and trade names, as well as images, design, layout, graphics, text, concepts, methodologies, code and software relating to the Service and the material therein (other than user-generated content) ("Masterscout Content").

14.2. You are not granted any right to use, and may not use, any of the Masterscout Content other than as set forth in the Terms of Use. You may not use the Service (or any part or content thereof) for commercial purposes; however, you may download material from the Service solely for non-commercial, personal use by you.

14.3. Provided you possess a valid Account, you may access and use the Service on a non-exclusive, non-transferable, revocable license basis for your own personal, non-commercial and entertainment purposes. Under the terms of this license, you shall not:

14.3.1. attempt to reverse-compile, disassemble, or otherwise reverse-engineer any element of the Service;

14.3.2. attempt to access, or assist others in accessing, the underlying code of any element of the Service, or adopt Masterscout Content therefrom; or

14.3.3. use the Service in a manner that violates the Terms of Use, violates Applicable Laws or intellectual property rights of third parties, or attempts to circumvent the spirit and intent of providing the Service.

14.4. Masterscout Content may not be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent (which we may refuse in our sole discretion).

14.5. Masterscout does not claim any intellectual property rights with respect to the name and image of any sports team, event organizer and/or player featured on its websites, and such names and/or images are used solely to provide the Services. From time to time, however, Masterscout may enter into sponsorship and/or other arrangements with sports teams, event organizers and/or players (or authorized licensors of materials related to teams, organizers and/or players) that grant Masterscout the right to use certain materials on its websites.

15. USER-GENERATED CONTENT.

15.1. Certain aspects of the Service may invite or allow you to upload your own content ("User Generated Content"). We do not exercise, and therefore do not endorse, editorial control over User Generated Content, and we shall have no liability with respect to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.

15.2. For all User Produced Content that you provide, you must ensure that such content:

15.2.1. is an original work created by you or you have a license or the express permission of the owner to use User Generated Content in that manner;

15.2.2. does not infringe the intellectual property or privacy rights of third parties anywhere in the world;

15.2.3. does not contain defamatory or otherwise inappropriate materials or statements;

15.2.4. does not contain any form of malicious computer code (e.g., viruses, bugs, Trojan horses, etc.) that could disable or disrupt any of the Services;

15.2.5. complies with all Applicable Laws; and

15.2.6. may be used in connection with publicizing and promoting us and our Service.

15.3. Any User Generated Content provided by you shall be deemed non-confidential and lawfully provided by you and you shall automatically be deemed to have granted us an irrevocable, transferable, royalty-free license to copy, display, publish, distribute or otherwise use and sublicense such User Generated Content at our sole discretion, including for commercial purposes. Such uses may include in print publications, multimedia presentations, on the Website or on the App or in any other distribution medium. You agree that we may use your name, likeness and any other biographical information in such User Produced Content at our sole discretion, including for commercial purposes. In addition, you waive any right to inspect or approve the final product, including written copy, in which your likeness or testimonial appears. For the avoidance of doubt, you agree that you will not make any monetary or other claim against us for our use of your User-Produced Content.

15.4. If you have problems with User Generated Content provided by other users, or if you wish to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us here. We reserve the right (but have no obligation) to edit or remove User Generated Content.

15.5. You will indemnify us upon request against any losses, damages, claims or expenses that we suffer or incur (directly or indirectly) as a result of any third party claim against us in connection with User Generated Content that you upload to the Service.

16. RELATED orders.

16.1. In these Terms of Use, "Suspicious Order" will refer to cases where Masterscout has reasonable grounds to believe that an order or a number of orders have been placed under suspicious circumstances. Suspicious orders include cases in which:

16.1.1. there is an unusual frequency and/or highly unusual pattern of Orders (compared to the norm) placed on the same selection in a short period of time or the case where the User trades with himself to send a virtual Share in a certain direction;

16.1.2. Masterscout has reasonable grounds to suspect that an Order or series of Linked Orders have been placed in a robotic, automated manner, or other than by the account holder manually placing each Order through its account;

16.1.3. Masterscout reasonably believes that you have used unfair external factors or influences related to the footballer or footballers (as applicable) who are the subject of any orders, or any other participant in events involving such footballer(s);

16.1.4. Masterscout reasonably suspects that you have opened duplicate Accounts or when we reasonably suspect that second or subsequent Accounts are under common control with your Account for the purpose of concealing the true value, nature or pattern of orders placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;

16.1.5. Masterscout otherwise believes, acting reasonably, that you are using the Service in concert with or on behalf of others, or that you are acting other than on your own behalf. Under these Terms of Use, we do not allow users to share accounts (including syndicates, partnerships, and/or group accounts) or IP addresses;

16.1.6. Masterscout reasonably believes that you, or a group of people acting in concert and affiliated with you, are engaging in illegal or fraudulent activities while using our Service or are engaging in activities in an attempt to defraud us;

16.1.7. Masterscout reasonably believes that you are conspiring with other Account Holders to obtain an advantage, manipulate Share prices or otherwise;

16.1.8. Masterscout reasonably believes that you are using an error, omission or flaw in our software, or are otherwise acting in bad faith; and/or

16.1.9. Masterscout reasonably believes that Orders have been placed from a location or device other than the location or device you claim to have used to place an Order.

16.2. In the case of any of the activities referred to in Article 16.1, Masterscout, acting reasonably:

16.2.1. ask you for such further information as we reasonably require to investigate whether the Order is a Suspicious Action within the meaning of Article 16.1;

16.2.2. suspend or withhold payment of any amounts to you pending receipt by us of sufficient evidence from you so that Masterscout can determine (acting reasonably) that an order is not a suspicious ordr as contemplated in clause 16.1. For example, Masterscout suspects that an order or series of connected orders may have been placed robotically or by automated means, we may require you to provide reasonable evidence that each order was manually placed by you through your account. We reserve the right, in our sole discretion, to collect and process information related to your order patterns, personal information, deposit of funds and any other related information and inquiries that will assist us in investigating a suspected violation of these Terms of Use;

16.2.3 suspend or withhold payment of amounts to you, usually for no more than 30 days, but if relevant for such longer period as may be reasonably necessary (for example, pending an investigation by us, a regulator, law enforcement agency or other third party). We may also withhold amounts obtained through a breach of Section 18.1 indefinitely; or

16.2.4. cancel an order or a series of connected orders, or otherwise terminate your Account in accordance with the methods set forth in Section 4.1. Where possible, we will keep you informed of such actions or requests.

16.3. When we have reasonable grounds to believe that you have participated in, or been associated with, some type of Suspicious Trading, we will make reasonable efforts to investigate such matters, including but not limited to the use of various practices to detect collusion, suspicious orders, fraud and cheating.

16.4. We reserve the right to recover from you any costs or losses we incur that are directly or indirectly related to any of the activities referred to in clause 16.1. This right is without prejudice to any other rights (including rights of common law) we may have against you, whether under these Terms of Use or otherwise.

16.5. Regardless of whether we suspend or terminate an Account and notwithstanding any other provisions of these Terms of Use, we may decide in our sole discretion to cancel an Orders if:

16.5.1. there is a technological error (including situations where you manipulate a bug in the system, take unfair advantage of a malfunction, withdraw an incorrect amount from your Account due to duplication, or other technological error); or

16.5.2. when in our opinion, acting reasonably, there is a clear error in the terms of the applicable Order, including when the price of the applicable Order differs by more than five percent (5%) from the market on the Service for the applicable player.

17. FRAUD

17.1. We reserve the right to bring criminal or other sanctions against you if we suspect that you have engaged in fraudulent, dishonest or criminal acts, and we may disclose such information to relevant authorities or other relevant third parties (e.g. payment service providers) to the extent that this may be necessary in this regard.

17.2. We reserve the right to suspend or terminate an Account if we believe that you are involved in fraud, money laundering and/or any other form of illegal or suspicious activity and to report any information we reasonably deem necessary to the relevant authorities.

18. LIABILITY

18.1. We agree to provide the Service with reasonable skill and care and as described in these Terms of Use.

18.2. Except as stated in these Terms of Use, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, usage or otherwise are excluded by us to the extent permitted by applicable law.

18.3. You acknowledge that we cannot guarantee that the Service:

18.3.1. meet your requirements;

18.3.2 remains the same (as we may change the Service or remove it altogether);

18.3.3. is compatible with all or any hardware or software you may be using;

18.3.4. is available at all times or at a particular time;

18.3.5. is accurate, up-to-date or reliable; or

18.3.6. is completely error-free or completely free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

18.4 You also acknowledge that Masterscout:

18.4.1. cannot guarantee the performance or security of our Service; and

18.4.2. is not responsible for any damage or loss you suffer directly or indirectly as a result of a virus attack that can be traced to our Service, to the extent permitted by law.

18.5. You accept that by using the Service there is a risk that you may lose money as well as gain money. You acknowledge and agree that your use of the Service is at your own risk and we accept no responsibility for your losses incurred in the ordinary course of your use or misuse of the Service.

18.6. We accept no liability for damages and/or losses to you and/or a third party as a result of any:

18.6.1. mistake, printing error, transaction error, technical failure, in any case arising from circumstances beyond our reasonable control (including incorrect or incomplete data from a third-party supplier);

18.6.2. cancellation of a soccer game for a reason beyond our reasonable control;

18.6.3. Force Majeure;

18.6.4. Violation of the Terms of Use by you or a third party;

18.6.5. collusion and/or criminal acts by you or a third party;

18.6.6 advice or recommendations provided by us (including tips as part of our marketing materials) or third parties (including comments on the forum or guest bloggers, vloggers and/or articles) through the Service;

18.6.7. loss of content or material uploaded or transmitted through the Website or the App;

18.6.8 loss you may suffer as a result of misuse of usernames or passwords or as a result of unauthorized use of your Account, whether fraudulent or not;

18.6.9. Orders not placed for any reason or you being disconnected from or unable to access the Service, including but not limited to failure, inadequacy or disconnection of your computer, mobile device, telecommunications services, internet connection or otherwise, and the balance of your Account will at all times be as it is recorded on our server; and/or

18.6.10. loss due to price changes of Virtual Shares resulting from any announcement we make.

18.7. You confirm that we will not be liable to you or any third party for any change in, or suspension or interruption of, the Service.

18.8. We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or howsoever arising for:

18.8.1 data loss;

18.8.2. loss of reputation;

18.8.3. loss of opportunity, or

18.8.4. loss of goodwill.

18.9. We will not be liable to you for any indirect or special damages. This means that we are not responsible for loss or damage that was not a foreseeable consequence of our negligence, breach of the Terms of Use, legal duty or any other duty of care that we owe to you. Loss or damage is foreseeable if it is an obvious consequence or if such loss or damage was contemplated by you and us at the time you became bound by the Terms of Use.

18.10. Subject to clauses 18.6 to 18.9 and 18.11, in no event shall our total combined liability to you in respect of all losses arising out of or in connection with any Order or Order placed by you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, (to the fullest extent permitted by law) exceed the amount of the relevant Order or Order placed by you in respect of the applicable Order which gave rise to the claim.

18.11. Nothing in these Terms of Use shall limit or exclude any liability for which it would be unlawful for us to exclude or limit liability, including but not limited to death or personal injury caused by our negligence and our fraud or fraudulent misrepresentation.

18.12. Nothing in these Terms of Use affects your legal rights as a consumer.

19. YOUR PRIVACY AND COOKIES

The privacy of your personal data is important to us. Please see our Privacy Policy and Cookie Policy for details on how we process your personal data and how we use cookies and similar technologies.

20. LINKS TO THIRD-PARTY WEBSITES

The Service may contain links to third-party websites controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that we are not responsible for the content or availability of such websites. We encourage you to review the terms and conditions and privacy policies of those websites to ensure that you enjoy using them.

21. GENERAL

21.1. Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from performance of such obligations. A waiver by us of any provision does not constitute a waiver of any subsequent breach of that provision.

21.2 Entire Agreement:

21.2.1. The Terms of Use constitute the entire agreement between you and Masterscout and supersede and cancel all prior agreements, arrangements, promises, commitments, proposals, warranties, representations and understandings between them, written or oral, with respect to the subject matter hereof.

21.2.2. You acknowledge that in entering into the Service Terms of Use, you have not relied on any pre-contractual statement (whether innocent or negligent) made by or on behalf of Masterscout, with respect to the subject matter of the Service Terms of Use, which is not expressly incorporated into the Service Terms of Use.

21.2.3. You agree that you cannot claim innocent or negligent misrepresentation or negligent misstatement based on a Precontractual Statement.

21.2.4. Nothing in this clause shall limit or exclude the liability of you or Masterscout arising out of any pre-contractual fraudulent misrepresentation or fraudulent concealment

21.3 Transfer of rights and obligations:

21.3.1. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising from or related to your use of the Service without our prior written consent.

21.3.2. You agree that, pursuant to a corporate reorganization or merger/acquisition, we may transfer, assign, charge or otherwise dispose of any rights or obligations arising out of or in connection with the Service.

21.3.3. You also agree that we may use third parties and outsource our obligations, provided that we remain responsible to you for the performance of these Terms of Use.

21.4. If any of these Terms of Use is found to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, then such term shall be deleted and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding upon and enforceable by Masterscout and you.

22. NOTE

22.1. All notices by you to us must be given via email to [email protected].

22.2 Masterscout will notify you via the Service or by using the contact information you have provided to us as part of your registration. Please keep us informed of any changes - this is your responsibility.

22.3. A notice shall be deemed to have been received and duly served immediately upon mailing it to the Service, 24 hours after sending an e-mail, or three days after the date of sending a letter. To prove service of a notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and posted and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.

23. COMPLAINTS AND DISPUTES

23.1 Should you wish to file a complaint, please make sure you send it to [email protected] with a clear description of the complaint in the message.

23.2. Subject to Article 23.3, upon receipt of a complaint, we will acknowledge receipt of the complaint within 24 hours. The investigation will begin within one (1) "Business Day" (being a day other than a Saturday or Sunday on which physical banks in the Netherlands are open for business).

23.3. Complaints relating to an order must be made by you within a reasonable time after the order has been settled (but at all times within 6 months from the date the order was placed). We cannot guarantee that we will be able to respond to your request if it is not submitted within this period.

23.4. Subject to delays due to circumstances beyond Masterscout's reasonable control or beyond the reasonable control of the employee handling the Complaint, Masterscout will investigate, decide on and communicate any recommended course of action to you as soon as practicable, but will ensure that the Complaint process is completed within 8 weeks.

23.5. Once we have reached a final decision, we will notify you via your chosen contact method. If you are still dissatisfied, you can submit your complaint through the European Commission's Online Dispute Resolution (ODR) platform. However, please ensure that you have fully exhausted our complaints procedure before contacting ODR. The contact details and information for ODR are as follows.

Online dispute resolution https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

23.6. All complaints, appeals, evidence and other information collected, held and processed by Masterscout will at all times be treated with the utmost confidentiality. Your personal information collected by Masterscout will only be collected, used and retained in accordance with Masterscout data protection policies.

23.7. The Terms of Use and the use of the Service in general and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by Dutch law.

23.8. The Dutch courts will normally have jurisdiction over any disputes or claims arising out of or relating to the Terms of Use or their formation or your use of the Service in general (including non-contractual disputes or claims), unless you are resident in another member state of the European Union within the Territories. We reserve the right to bring an action against you for breach of the Terms of Use in your country of residence or any other relevant country.

23.9. If you are a consumer resident in the European Union and we direct the Service to your Member State of residence, you shall benefit from all mandatory provisions of the law of your country of residence. Nothing in the Terms of Use affects your rights as a consumer to invoke such mandatory provisions of local law.

24. REMOVAL OF SOCCER PLAYERS FROM THE PLATFORM

24.1 Retirement

When a soccer player quits:

- all outstanding orders on that soccer player will be immediately suspended; and

- we reserve the right to suspend trading in this soccer player for a period of up to 3 months (or such other period as we deem appropriate in our sole discretion).

After that time, we will remove the footballer from the platform and all open orders and positions on that footballer will immediately expire - meaning you will lose the original price you paid for the virtual shares, as well as any price increase since you purchased those virtual shares. You will not be able to place any further orders on that footballer.

If a footballer who was removed from the platform based on retirement subsequently starts playing again in the same or other Masterscout-eligible league, we reserve the right to relaunch that footballer in the Invest phase. However, previously expired positions or orders will not be restored, and you will have to purchase new virtual shares.

24.2 Other circumstances

We reserve the right to remove a soccer player from Masterscout in other circumstances, including, but not limited to, when a soccer player:

- Passes away

- Reported missing for more than 4 weeks

- Has been convicted or admitted to prison

- Does not play competitive soccer within our eligible leagues for a full calendar year or otherwise - this is at Masterscout's sole discretion

Should any of the above events occur, we reserve the right to immediately suspend trading in relation to the footballer in question and we will endeavor to remove that footballer from the platform within 48 hours (or such other timeframe as we deem appropriate in our sole discretion).

When the footballer is removed from the platform, all open orders and positions on that footballer will immediately expire - meaning you will lose the original stake you paid for the virtual shares, as well as any price increase since you bought those virtual shares. You will not be able to place any further orders on that footballer.

Last updated: 14-11-2023