Terms of use

1. Who are we?

The FiveKick mobile app and the fivekick.be website (together, the "Service") are published by Nabil Amghar, a natural person — self-employed as a secondary occupation, registered with the Crossroads Bank for Enterprises under number 1030.635.193 (VAT BE 1030.635.193), who can be reached at support@fivekick.be ("FiveKick", "we").

By creating an account or using the Service, you accept these general terms of use (the "Terms").

2. Definitions

• User: any person who holds a FiveKick account.
• Captain: a user who creates or manages a team and organises matches for it.
• Player: a user who is a member of a team or registered as a free agent.
• Sports centre: a third party operating one or more football pitches, with whom users book and pay for the pitch.
• Match: a 5-a-side football game organised through the Service, on a given pitch and time slot.

3. Purpose of the Service — role as intermediary

FiveKick is a platform that puts people in touch. The Service allows you, in particular, to: create and manage a team, find opposing teams, organise matches, find a sports centre and access its contact details to book a pitch, call up your players and follow rankings.

FiveKick acts solely as an intermediary between users and sports centres. FiveKick does not operate any pitch, is not a party to the booking contract formed directly between the captain (or captains) and the sports centre, does not receive the price of the pitch and does not physically organise the games.

Booking and paying for the pitch take place directly with the sports centre, under its own terms, prices and conditions.

4. Registration and account

• The Service is reserved for people aged 16 or over.
• You undertake to provide accurate information and to keep it up to date. Only one account per person is allowed.
• You are responsible for keeping your login details confidential and for all activity carried out through your account, except for fraudulent use that cannot be attributed to you.
• A team captain may appoint a vice-captain. The vice-captain can send and accept challenges, call up players and publish the team's availability; their actions bind the team in the same way as the captain's. They cannot change the team's identity, remove a member or delete the team.
• Use of the Service is free. The optional FiveKick Premium subscription (article 5) gives access to additional features. Pitch bookings are paid directly to the sports centre.

5. Premium subscription

• Content. FiveKick Premium is an optional subscription that gives access to additional features: cosmetic items (rank avatars, borders, auras, titles, name colours), detailed statistics, Prestige challenges and seasonal content. Without a subscription, the Service remains entirely free.
• No competitive advantage. Premium gives no ELO bonus and no matchmaking priority, and imposes no limits on free players.
• Plans and prices. Two plans are offered: monthly (€4.99 per month) and yearly (€49.99 per year), all taxes included. The price shown in the app at the time of purchase prevails.
• Subscribing and payment. The subscription can only be purchased in the app. Payment is collected by Apple (App Store) or Google (Google Play) and charged to your Apple or Google account; the terms of these platforms also apply to the purchase.
• Automatic renewal. The subscription renews automatically for the same period unless cancelled at least 24 hours before the end of the current period.
• Cancellation. You can cancel at any time from your Apple or Google account settings. Cancellation takes effect at the end of the period already paid for, until which you keep your Premium benefits. Deleting your FiveKick account does not cancel the subscription: remember to cancel it with Apple or Google. The current period is not refunded, and deleting your account on your own initiative does not entitle you to any refund.
• Refunds and right of withdrawal. You have a 14-day right of withdrawal from the date of subscription. FiveKick does not issue refunds directly: as payment is collected by Apple or Google, this right and any refund request are exercised through them, under their terms, without prejudice to your statutory rights. If you asked for immediate access to Premium content, an amount proportionate to the period already provided may remain payable.
• End of the subscription. Badges and items you have unlocked remain in your collection. Displaying Premium cosmetic items on your profile requires an active subscription.
• Changes. Premium content may evolve, in particular from one season to the next, without such changes substantially reducing its value. Any price change will be announced to you in advance and will only apply from the following period, under Apple's or Google's terms.

6. Booking the pitch

• Once a match has been organised through the Service, FiveKick puts the captain in touch with the sports centre concerned (contact details and, where applicable, a booking link).
• Booking and paying for the pitch take place directly with the sports centre, under its own arrangements (online on its website, by phone or on site). FiveKick is not involved in this transaction and does not collect any amount for it.
• The price of the pitch and its booking and payment conditions are set and communicated by the sports centre. Any split of the price between teams is a private arrangement between the captains.
• FiveKick does not guarantee the availability, price or conditions of a pitch, which are solely the responsibility of the sports centre.

7. Cancelling a match

• You can cancel a match organised through the Service from the app, under the conditions shown there (in principle up to 12 hours before kick-off).
• Cancelling the pitch booking, and any refund, are handled directly with the sports centre, under its own cancellation conditions. As FiveKick is not a party to the booking contract, it does not refund the price of the pitch.
• Cancelling a match in the app may affect the organisation (call-ups, time slot). We encourage you to inform the opposing team and the sports centre as early as possible.

Note on the right of withdrawal

Apart from the Premium subscription (article 5), use of the Service is free: FiveKick receives no payment, and the question of a right of withdrawal towards FiveKick does not arise. For the pitch booking, any withdrawal or cancellation conditions are those of the sports centre. Please note that, under article VI.53, 12° of the Belgian Code of Economic Law, services related to leisure activities scheduled for a specific date are generally excluded from the 14-day right of withdrawal.

8. User conduct

• You undertake to behave respectfully towards other users, sports centres and their staff, both in the app and on the pitch.
• The following are prohibited in particular: cheating on scores, creating fake accounts, harassment, hate speech and any fraudulent use of the ranking system.
• Captains undertake to report accurate results. If a score is disputed, FiveKick may decide on the basis of the available information, and its decision is final within the Service, without prejudice to your right to bring the matter before the competent courts.

9. Messaging, content and moderation

• The Service provides a team locker room (group conversation) and private conversations between players, intended for organising matches and team life.
• You are solely responsible for the messages, photos and content you publish (including your profile photo, team crest and team name). The following are prohibited in particular: hateful, insulting, discriminatory or harassing remarks, sexual content, unsolicited advertising and any content that infringes the rights of third parties.
• You can report a message or behaviour and block a user: you will no longer receive their messages or challenges.
• Reporting illegal content without an account. Anyone, even without an account, can report content they consider illegal by writing to support@fivekick.be, stating why the content is illegal, exactly where it is, their name and email address, and a statement confirming their good faith. We acknowledge receipt of the report and inform its author of our decision.
• Access to conversations in the event of a dispute. FiveKick does not systematically read your conversations. However, when a score is disputed or a report is filed, an administrator may view the conversation concerned and step in to settle it. Their messages are then clearly labelled as coming from the moderation team.
• FiveKick may remove any content that is manifestly unlawful or contrary to these Terms, and suspend its author's account under the conditions set out in article 12. Moderation is carried out by a person; no automated decision-making tool is used. Any decision to remove or restrict content is communicated to you with the reasons for it (the facts, and the rule of law or of these Terms on which it is based) and the available remedies: a complaint to support@fivekick.be, mediation (article 16) or the courts.
• The app does not yet offer deletion of individual messages. To request that your messages be erased, write to us at support@fivekick.be.

10. Playing sport and liability

• Playing football carries inherent risks (injuries, accidents). Each user takes part in matches under their own responsibility and declares that they are in a physical condition suited to this activity.
• We strongly recommend that every player has insurance covering sports activities (family liability insurance, personal accident insurance or membership of a federation).
• The condition, safety and compliance of the facilities are the sole responsibility of the sports centre operating them.
• As FiveKick neither physically organises the matches nor operates the pitches, it is not liable for personal injury or property damage occurring during matches, for disputes between players, for disputes relating to the booking or payment of the pitch, or for failures attributable to sports centres, except where it is at fault and without prejudice to mandatory legal provisions.
• To the extent permitted by law, FiveKick's liability is limited to direct and foreseeable damage. This limitation does not apply in the event of wilful misconduct or gross negligence by FiveKick, its employees or agents, harm to life or physical integrity caused by its fault, or failure to perform an essential obligation, and it does not affect your rights under consumer protection legislation.

11. Rankings, ELO, badges and cosmetics

• ELO scores, badges, rankings and cosmetic items are game elements internal to the Service. They have no monetary value and cannot be transferred or traded.
• Only players who have confirmed their attendance at a match see their individual ELO change.
• FiveKick reserves the right to correct any ranking affected by a technical error or fraud.

12. Suspension and termination

• You can delete your account at any time from the app or by writing to us.
• In the event of a breach of these Terms (cheating, fraud, abusive behaviour), FiveKick may suspend or delete the account concerned, after a warning except in the case of a serious breach. The decision is communicated to you with the reasons for it and the available remedies, as set out in article 9.
• If we delete your account on our own initiative, we will inform you so that you can cancel your Premium subscription. If the deletion is not due to a serious breach on your part, the paid but unused period will be refunded.
• Deleting your account does not affect pitch bookings already made with a sports centre, which remain governed by its conditions.

13. Intellectual property

The FiveKick brand, the logo, the app, the website and all their content are protected by intellectual property law and remain the exclusive property of the publisher, except for content published by users, who remain its rights holders. Any unauthorised reproduction is prohibited.

By publishing content (photo, crest, team name, message), you grant FiveKick a free, non-exclusive licence, limited to the lifetime of your account, to display it in the Service.

14. Personal data

The processing of your personal data is described in our privacy policy.

15. Changes to the Terms

FiveKick may change these Terms, in particular to keep pace with changes to the Service or to regulations. In the event of a substantial change, you will be informed via the app or by email with reasonable notice. If you do not accept the amended Terms, you can delete your account and cancel your Premium subscription before they take effect. For an ongoing Premium subscription, they only apply from its next renewal. Otherwise, continuing to use the Service constitutes acceptance.

16. Applicable law and disputes

These Terms are governed by Belgian law.

In the event of a dispute, we invite you to contact us first at support@fivekick.be so that we can seek an amicable solution. You may also contact the Consumer Mediation Service (North Gate II, Boulevard du Roi Albert II 8, 1000 Brussels — consumerombudsman.be).

Failing an amicable solution, the competent Belgian courts are determined in accordance with the rules of the Judicial Code; for consumers, the competent court is the one designated by law, in particular the court of the consumer's place of residence.

This page is a translation of the French version, which prevails in the event of a difference in interpretation, without prejudice to the interpretation most favourable to the consumer.