Babel FC Terms of Service

Effective as of [PLACEHOLDER — Effective Date]

These Terms of Service (the “Terms”) govern your access to and use of the smartphone application “Babel FC” and all related features, content, and websites (collectively, the “Service”) provided by EOM, LLC. (“we,” “our,” or “us”). By accessing or using the Service, you (“you” or “User”) agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Service.

1. Scope and Definitions

1.1 These Terms apply to all matters arising between you and us in connection with your use of the Service.

1.2 In these Terms:

• “Service” means the smartphone application “Babel FC” and all related features, content, and websites we provide.
• “User” means any individual who uses the Service in accordance with these Terms.
• “Account” means the user identification information you create and register to use the Service.
• “Content” means text, images, audio, video, data, and other information made available through the Service.

1.3 Any supplemental rules or guidelines we publish in connection with the Service form part of these Terms.

2. Accounts and Eligibility

2.1 Account Creation. You must register an Account using social sign-in with Apple ID or Google.

2.2 Accuracy of Information. You agree to provide and maintain accurate, complete, and up-to-date information for your Account.

2.3 Account Security. You are responsible for safeguarding your sign-in credentials and for all activity that occurs under your Account. We are not liable for any unauthorized access to or use of your Account.

2.4 Previous Suspensions. We reserve the right to refuse registration or to terminate existing Accounts where the applicant or any associated person previously had an Account suspended or terminated for breach of these Terms.

2.5 Eligibility. The Service is intended for Users who are 16 years of age or older. Where the laws of your country or region require a different age threshold, that threshold applies. Users below 16 years of age (or below the applicable age of digital consent under local law) may use the Service only with verifiable consent from a parent or legal guardian.

3. License to Use the Service

3.1 We grant you a personal, revocable, non-exclusive, non-transferable, and limited license to access and use the Service for your personal and non-commercial purposes in accordance with these Terms.

3.2 You must not: (a) copy, modify, reverse-engineer, decompile, disassemble, or create derivative works based on the Service’s software, source code, or machine-learning models; (b) resell, redistribute, transfer, or rent the Service except as expressly authorized by us; (c) use the Service to develop competing products or for any unlawful purpose; or (d) publicly transmit, republish, or publicly disclose any Content obtained from the Service beyond the scope of personal use.

4. Acceptable Use Policy

You must not:

1. use the Service for any unlawful purpose or in violation of public order or decency;
2. infringe any intellectual property, privacy, publicity, or other rights of us or any third party;
3. obtain unauthorized access to, or impose excessive load on, our servers or network;
4. use bots, crawlers, scrapers, or other automated means to access the Service except as expressly authorized by us;
5. create multiple Accounts to circumvent usage limits;
6. harass, defame, or otherwise cause nuisance to other Users or third parties;
7. sell, transfer, or lend an Account;
8. submit false information;
9. interfere with or disrupt the Service or its security features; or
10. engage in any other conduct we reasonably determine to be inappropriate.

If we reasonably determine that you have violated this section, we may, without prior notice, suspend your use of the Service, suspend or delete your Account, or take any other action we deem necessary. Except in cases of urgency, we will endeavor to provide you with an opportunity to remedy the violation. We are not liable for any loss arising from such measures beyond the limits set out in Section 9.

5. Fees and Paid Features

5.1 The Service is currently provided free of charge.

5.2 We may, in the future, introduce paid features or paid plans. If we do, we will provide advance notice and separately specify the features, fees, payment methods, and cancellation terms.

5.3 We will provide reasonable advance notice before converting any existing free feature into a paid one.

6. Intellectual Property

6.1 All copyrights, trademarks, and other intellectual property rights in the Service and its Content belong to us or to our respective licensors.

6.2 Match data, player information, league information, news, and similar Content provided through the Service may include data licensed from third parties such as football-data.org, and such Content is subject to the applicable third-party license terms. We do not warrant the accuracy, completeness, or timeliness of such Content.

6.3 The Service incorporates data provided by football-data.org. In accordance with the provider’s requirements, we display “Data provided by football-data.org” within the Service.

6.4 The use of music, commentary audio, news articles, and similar materials follows the licenses of the respective rights holders and applicable laws.

6.5 No rights in the Service are granted to you other than the limited license in Section 3.

7. Third-Party Services

7.1 The Service depends on third-party services including:

• Apple Inc. and Google LLC (authentication and distribution platforms)
• Google Firebase (authentication, crash reporting)
• PostHog (event analytics)
• Cloudflare, Inc. (data storage and delivery)
• football-data.org (match and league data)

7.2 The transfer of data to each third-party service is described in our Privacy Policy.

7.3 We are not responsible if any part of the Service becomes unavailable due to suspension or specification changes of any third-party service.

8. Disclaimers

8.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF CONTENT, AND UNINTERRUPTED OPERATION.

8.2 We make no warranty regarding the language-learning outcomes, language proficiency improvements, or any other results you may obtain from using the Service.

9. Limitation of Liability

9.1 We are not liable for any loss or damage suffered by you or by any third party arising out of or in connection with the use of, or inability to use, the Service. This limitation does not apply where the loss or damage is caused by our willful misconduct or gross negligence.

9.2 NOTWITHSTANDING SECTION 9.1, WHERE OUR LIABILITY CANNOT BE FULLY EXCLUDED UNDER MANDATORY APPLICABLE LAW (INCLUDING THE JAPANESE CONSUMER CONTRACT ACT), OUR LIABILITY FOR LOSSES CAUSED BY ORDINARY NEGLIGENCE IS LIMITED TO DIRECT DAMAGES THAT ACTUALLY AND ORDINARILY ARISE FOR THE USER. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR DAMAGES ARISING FROM THIRD-PARTY CLAIMS.

9.3 OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IN THE PRECEDING TWELVE (12) MONTHS WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID US DIRECTLY DURING THAT PERIOD. WHERE THE SERVICE IS PROVIDED FREE OF CHARGE, OUR LIABILITY IS CAPPED AT JPY 1,000.

9.4 If a dispute arises between you and a third party in connection with your use of the Service, you must resolve it at your own cost and risk, and we will not be a party to such dispute.

10. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by acts of God, natural disasters, fire, flood, earthquake, storms, terrorism, riots, war, civil unrest, pandemics, government actions, failures of public or private telecommunications networks, suspension of third-party services, or any other event beyond our reasonable control. We will endeavor to notify Users of such events promptly and to resume performance as soon as reasonably practicable.

11. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates from any claims, losses, or damages (including reasonable legal fees) arising out of (a) your breach of these Terms or (b) your misuse of the Service.

12. Modification, Suspension, and Termination of the Service

12.1 We may, without prior notice, change the content, specifications, or functionality of the Service, or temporarily suspend the Service.

12.2 We may discontinue the Service upon reasonable advance notice.

12.3 We are not liable for any loss caused by changes, suspension, or discontinuation of the Service beyond the limits set out in Section 9.

12.4 We will not provide refunds or other monetary compensation in connection with the modification, suspension, or termination of the Service, except as separately set forth in the terms of any paid feature, or as required by applicable law.

13. Account Deletion

13.1 You may delete your Account at any time from the Service’s in-app settings.

13.2 Upon receiving a deletion request, we will, without undue delay, delete user-specific data (learning progress, nickname, favorite club, etc.) that we hold.

13.3 Data stored on third-party services such as Firebase Auth and PostHog will be deleted in accordance with the specifications of each service. See our Privacy Policy for details.

13.4 Deleted data cannot be restored.

14. Changes to the Terms

14.1 We may update these Terms from time to time.

14.2 We will post the revised Terms on our website, update the Effective Date, and announce the change through the Service or in-app notification.

14.3 The revised Terms become effective at the time they are posted on our website.

14.4 Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14.5 Any modification of these Terms shall be made in accordance with Article 548-4 of the Japanese Civil Code (Modification of Standard Terms).

15. Notices and Contact

For questions about these Terms or the Service, please reach us via the contact form. Formal notices from us to Users will be made through the Service, our website, or by email to the address associated with your Account, and will be deemed received on the next business day after transmission.

16. Governing Law and Jurisdiction

16.1 These Terms and any dispute arising out of or in connection with the Service shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict-of-law principles.

16.2 The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute arising between us and you in connection with the Service.

17. Relationship with Local Laws

These Terms are governed by Japanese law. However, where mandatory laws of your country or region (including consumer protection laws, personal data protection laws, and data protection laws) apply with priority over any provision of these Terms, those mandatory laws shall prevail. The treatment of any provision held invalid or unenforceable under such mandatory laws is set out in Section 19 (Severability).

18. Survival

The provisions of these Terms that, by their nature, should survive termination — including without limitation Sections 3 (License), 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 11 (Indemnification), 13 (Account Deletion), 16 (Governing Law and Jurisdiction), 17 (Relationship with Local Laws), this Section 18, Section 19, Section 20, and Section 21 — will continue to be effective after termination.

19. Severability

If any provision of these Terms, or any part thereof, is held invalid or unenforceable under the Japanese Consumer Contract Act or any other applicable law, the remaining provisions of these Terms will remain in full force and effect. The parties agree that any invalid or unenforceable provision will be replaced by a valid and enforceable provision that, as far as possible, preserves the intent and economic effect of the original provision.

20. Entire Agreement and No Waiver

20.1 These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior oral or written agreements, representations, or understandings.

20.2 Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

21. Language

These Terms are drafted in Japanese and English. For Users residing in Japan, the Japanese version shall prevail over the English version in the event of any inconsistency. For Users residing outside Japan, the English version shall prevail over the Japanese version. The non-prevailing language version is provided for reference only.

22. Effective Date and Last Updated

• Effective Date: [PLACEHOLDER — Effective Date]