Terms and conditions

1. Provider and scope

Derbymates is an online football manager provided by MURALTO INVEST LTD, Tepeleniou 13, Tepelenio Court, 2nd floor, 8010 Paphos, Cyprus ("we", "us").

These terms apply to all contracts between you and us about Derbymates at derbymates.com: the free game and the Pro and Pro League subscriptions.

A consumer is anyone who enters into a contract mainly for private purposes. Rules that only apply to consumers say so.

2. The game

Derbymates is a browser game. You run a fictional football club in a league with other people and computer-controlled clubs.

The game is free: you play every competition and run every part of your club without Pro as well. The match engine is the same for every club. There are no ads, no loot boxes and no in-game currency that you buy with real money.

A club's name and town are fixed and cannot be changed. You can change colours, crest, kit and stadium name.

All players, clubs and leagues are made up. Any resemblance to real people or clubs is coincidental. Your club's in-game money has no real value and cannot be paid out.

3. Pro

Pro is an optional subscription. Pro saves you work and shows you more information. It includes:

• Assistant coach for training: Every morning your assistant coach plans the team focus, the intensity and each player's individual training by freshness and needs, so the training stimulus stays up automatically. Everything he does you can also set yourself.
• Assistant coach for tactics: Before kick-off he picks the style that beats the opponent's favourite style and the mentality from the strength comparison. If you give no half-time orders, he does. Your formation and line-up stay yours.
• Potential: You see the potential range of every player in your squad, your youth academy and on the transfer market. The better your scout, the narrower the range. Without Pro, potential stays hidden.
• Opponent report: Style, formation, form and goals of your next opponent from its last 5 matches, plus a recommendation.
• Search agent: Up to 5 saved searches watch the transfer market and the free agents for you. New matches land in your inbox every morning.
• Luck or skill?: After every match the engine replays it 20 times with the same line-ups, so you see whether a result was deserved or luck.
• Bigger watchlist: 50 instead of 10 players on your watchlist.
• Unlimited leagues: Play in as many leagues at once as you like. Free accounts play in up to 3.
• Private league, your rules: Your own kick-off time between 17:00 and 22:30, your own league logo and cup name.
• Pro designs: Extra crest shapes, patterns, symbols and kits. Looks only.
• Supporter badge: A heart next to your club shows everyone that you support the game.

4. Minimum age and account

• You may play from the age of 16. If you are under 18, you need your parents' permission.
• You can only buy Pro if you are 18 or over.
• You can play as a guest. Adding your email address secures your account and lets you play on all your devices. Sign-in links are personal, so do not share them.
• Each person may only use one account. Multiple accounts are not allowed.

5. How the contract is formed

You enter into the contract for the free game when you take over a club with "Take over the club".

This is how you buy Pro:

• On the Pro page you choose Pro or Pro League and the monthly or annual plan. It shows the price, term and all key conditions, and you confirm that you are at least 18 years old.
• "Continue to payment" takes you to the payment page of our payment provider Stripe. There you enter your payment details and can check and correct everything. Going back or closing the page cancels the process.
• The order button on the payment page places your binding order. The contract is formed once the payment has gone through. We then activate Pro for your account.
• You receive a confirmation and an invoice by email.

The contract languages are German and English. We store your order details. You can find them in the confirmation email and in your Link account. You can read, print and save these terms here at any time.

6. Prices and payment

• Pro costs €4.99 per month or €39.99 per year, Pro League €9.99 per month or €79.99 per year. All prices include VAT.
• Founder offer: while it runs, you pay less in the first year of an annual plan (Pro or Pro League). The discount and the deadline are shown on the Pro page and on the payment page, where the discount is deducted automatically. The offer only applies to orders placed by the deadline, once, to the first annual payment. From the second year on the normal price applies. Ordering with the offer gives you a founder badge, which is cosmetic only and stays.
• You always pay in advance for the next billing period.
• Payment runs through Stripe Managed Payments. Sold through Link, LLC, a Stripe group company ("Link"), collects the price in its own name as merchant of record and sends you invoices and receipts. Paying Link settles what you owe us. On your bank statement the entry starts with "LINK.COM*".
• The "Sold Through Link Terms" (link.com/terms) also apply to ordering and payment. These terms apply to Pro itself, that is its features, term, cancellation and withdrawal.
• The payment page shows which payment methods you can use, for example credit or debit card, Apple Pay, Google Pay and Link. If the payment page shows an amount in your local currency, Link converts it at the rate shown there.
• Price changes only apply to a running subscription if you agree to them.

7. Term and cancellation

• Monthly plan: runs for an indefinite period and is billed monthly in advance. You can cancel at any time with effect from the end of the current billing month.
• Annual plan: runs for one year at first and is billed annually in advance. You can cancel at any time with effect from the end of the first year. If you do not cancel, it then continues for an indefinite period. From then on you can cancel at any time with one month's notice. We refund on a pro rata basis anything you have already paid for the time after the contract ends.
• How to cancel: the easiest way is the "Cancel contracts here" button, no sign-in needed. You will find it at https://derbymates.com/spiel/#/kuendigen, on the home page and in the settings. You can also cancel via "Manage subscription" in the settings, in your Link account or in writing, for example by email to us.
• These rules apply to Pro and Pro League alike.
• After you cancel, Pro stays active until the end of the period you have paid for. You then carry on with the free features. Your club and your progress are kept. With Pro League, the Pro features of your league members end at the same time.
• We may cancel Pro with one month's notice with effect from the end of a billing period, and for the annual plan no earlier than the end of the first year.
• You can end the free game at any time by deleting your account in the settings. We may end the free contract with two weeks' notice.
• Both sides keep the right to terminate without notice for good cause. If Pro ends early because we terminate it, we refund on a pro rata basis what you have already paid for the remaining time.

8. Right of withdrawal

As a consumer you can withdraw from Pro and Pro League within 14 days without giving any reason. All details are in the withdrawal policy. The quickest way is the "Withdraw from contract" button at https://derbymates.com/spiel/#/widerrufen.

Pro starts straight away if you expressly ask for this before ordering. If you then withdraw, you pay a proportionate amount for the time until your withdrawal and get the rest back.

9. Changes to Pro

We keep developing Derbymates, for example with new features, bug fixes, security work and game balance.

We only change what Pro includes for a valid reason, such as new technology, security requirements or changes in the law. This costs you nothing, and we tell you clearly and in good time beforehand.

If a change affects your access to Pro or its usability more than just slightly, you can end the contract free of charge within 30 days (section 327r BGB). The period starts when we inform you or, if the change happens later, when it happens. We refund on a pro rata basis what you have already paid.

10. Fair play

To keep things fair for everyone:

• Each person plays with one account only. No second or fake accounts, for example to move players between your own clubs.
• No bots, scripts, macros or other automation, and no automated scraping of the pages.
• Report bugs to us instead of exploiting them.
• No offensive, discriminatory, sexual or unlawful names or content. No real club names, brands or names of real people.
• No trading of accounts, clubs or players for real money.
• No attacks on our systems and no getting round blocks or limits.

Depending on how serious a breach is, we may warn you, change names, reverse unfair gains, block features, or suspend the account and end the contract. We take your legitimate interests into account.

11. Content and rights

• All rights in Derbymates, its texts, graphics and software belong to us or our licensors. You may use Derbymates for private purposes.
• Names and content you create (for example stadium, manager, league) must not infringe anyone else's rights. You allow us to show them in the game and in your leagues' archives.
• You may share result cards and screenshots privately and on social media.

12. Availability

We work hard to keep the game running around the clock. We cannot promise uninterrupted availability, for example during maintenance, outages at our providers or events beyond our control. We announce major maintenance in advance. Your statutory rights in case of defects are not affected.

13. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under mandatory product liability law and where we have given a guarantee.
• For slight negligence we are only liable if we breach an essential contractual obligation, meaning an obligation that makes the contract possible in the first place and on which you can normally rely. Our liability is then limited to the foreseeable damage typical for this kind of contract.
• Otherwise our liability is excluded. This also applies to our staff and agents.
• Your statutory rights in case of defects in digital products (sections 327 ff. BGB) are not affected.

14. Privacy

How we handle your data is explained in the privacy policy.

15. Changes to these terms

For existing contracts we only change these terms with your agreement. We tell you beforehand by email or in the game and explain what changes. If you do not agree, the previous terms continue to apply. We may then end the contract with notice under section 7.

16. Dispute resolution

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer dispute resolution body. If something is not right, write to us and we will sort it out.

17. Governing law and courts

• The law of the Republic of Cyprus applies.
• If you are a consumer, you also keep the protection of the mandatory rules of the country where you are habitually resident (Art. 6 Rome I Regulation).
• As a consumer in the EU you can also sue us where you live. We can only sue you there.
• If you act as a business, the courts of Paphos, Cyprus, have jurisdiction.