Introduction
These Terms govern:
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Application is provided by:
Evaloha LLC (goalq)
Principal office: 2125 Biscayne Blvd, Ste 204 #28241, Miami, FL 33137, USA
Owner contact email: support@evaloha.com
"This Application" refers to:
- the goalq mobile applications for iOS and Android;
- the website goalqsports.com, including its subdomains and any other website through which the Owner makes its Service available;
- the Service;
- all features made available through them, including fixtures, live scores, statistics, team and player information, the AI Match Report, the AI analysis, model forecasts, news, notifications, challenges and Q points, the Stands, the Premium subscription and the Rewarded Ads.
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
- goalq is about statistics, not betting. Everything goalq shows, from match data and statistics to probabilities, Forecasts and AI Content, is statistical information meant to help Users follow and understand football. None of it is a suggestion, a recommendation or advice of any kind.
- goalq does not give odds, does not accept bets and is not meant to steer anyone toward betting or any other decision. Probabilities and Forecasts are statistical estimates, not odds, and they can be wrong.
- Premium is an auto-renewing subscription sold by the Apple App Store or Google Play. It renews until it is cancelled in the User's Store account, and refunds are handled by the Store that sold it.
- Deleting a goalq account does not cancel a Store subscription.
- The right of withdrawal applies to Consumers in the European Union, the right to cancel to Consumers in the United Kingdom and the right of regret to Consumers in Brazil. For purchases made through a Store, these rights are exercised with the Store.
- US Users: please read "Arbitration agreement for US Users" carefully. It requires most disputes with the Owner to be resolved by binding individual arbitration instead of in court, and it waives jury trials and class actions. US Users can opt out of it within 30 days.
Terms of use
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
- Users must be at least 16 years old or, if higher, the minimum age at which they can give valid consent to the processing of their personal data in their country of residence;
- Users who have not reached the age of majority in their country of residence may purchase Premium only with the permission of a parent or legal guardian;
- Users may use this Application only for their own personal and non-commercial purposes, unless the Owner has agreed otherwise in writing;
- Users are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and they are not listed on any U.S. Government list of prohibited or restricted parties.
Using this Application without an account
Some parts of this Application can be used without an account (as a guest). Other features, such as favorites, personalized picks, notifications and Premium, require an account, as indicated in this Application.
Account registration
To use the features that require an account, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of those features.
Users register with an email address and a password. Depending on the platform, Users may sign in with their password or with a one-time code or link sent to their email address. Users may also sign in with their Google account. The first sign-in creates an account, and by continuing with Google Users accept these Terms and the Privacy Policy.
An account is personal and may be used by one person only. It stays signed in on one phone (the mobile app) and one web browser at a time: signing in on another phone ends the session on the previous phone, and signing in on another browser ends the session in the previous browser. Users must not share their account or their login credentials with anyone else.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their account. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
The Owner is not liable for any loss caused by a User's failure to keep their login credentials confidential and safe, except to the extent the Owner is responsible for it under applicable law.
Accounts are personal. Users may not share their account, or the Premium access linked to it, with other persons, nor sell, transfer or assign their account.
Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
- By using the tools provided for account termination on this Application: in the app under Account → Delete account, or on the website at goalqsports.com/delete-account.
- By directly contacting the Owner at the contact details provided in this document.
When an account is deleted, the data linked to it is deleted as described in the Privacy Policy. Deleting an account does not cancel a Premium subscription purchased through the Apple App Store or Google Play. Users must cancel it in their Store account, as described in "Premium subscription and in-app purchases".
Account suspension and deletion
The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:
- User has violated these Terms; and/or
- User's access or use of this Application may cause injury to the Owner, other Users or third parties; and/or
- the use of this Application by the User may cause violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account or its use is deemed to be, at the Owner's sole discretion inappropriate or offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Mandatory rights that Consumers have under applicable law, in particular where an account with a paid Premium period is closed for reasons not attributable to the User, remain unaffected.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
Sports data, such as fixtures, results, live scores, statistics, line-ups and information about teams and players, is provided by third-party data providers and licensors. Names, crests, logos and other marks of clubs, national teams, leagues, competitions and other organizations belong to their respective owners and are used in this Application only to identify them. Their use does not imply any affiliation with, sponsorship by or endorsement of this Application. The Owner is not affiliated with any club, league, federation or governing body, unless this is expressly stated.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
License to use this Application
Subject to these Terms, the Owner grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the goalq apps on devices that the User owns or controls, and to access goalqsports.com, solely for the User's own personal and non-commercial purposes. For apps downloaded from the Apple App Store, the license is also subject to "App Store and Google Play terms".
The license gives the User no ownership of this Application or of its content. All rights not expressly granted in these Terms are reserved by the Owner and its licensors.
Content provided by Users
Users with an account can show content to other Users in this Application: the leaderboard name they choose, which appears on the weekly leaderboard and on the Stands, and the comments they write on the Stands. Users may also send their own content to the Owner, for example messages and feedback sent through the support form or by email, and reports of content on the Stands.
By providing content to this Application or to the Owner, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content to this Application or to the Owner they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content, and to show it to other Users where this Application is designed to do so, solely for the operation and maintenance of this Application and for responding to the User, as contractually required.
Where Users send ideas, suggestions or other feedback about this Application, they grant the Owner a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up and royalty-free license to use that feedback in any manner and for any purpose, including to improve this Application, without any obligation to compensate or credit the User. Users should not send feedback that they consider confidential or proprietary.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.
Liability for provided content
Users are solely liable for any content they send through this Application.
The Owner reserves the right to delete or block such content at its own discretion and, without prior notice, to deny the User access to this Application, to the Stands or to its support channels:
- upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
- if a notice of infringement of intellectual property rights is received;
- if a notice of violation of a third party's privacy, including their intimate privacy, is received;
- upon order of a public authority; or
- where the Owner is made aware that the content may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Access to external resources
Through this Application Users may have access to external resources provided by third parties, such as news published by third-party publishers, the Apple App Store and Google Play, and advertisements. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.
Interactions with other Users
Users' interactions with other Users through this Application, for example on the Stands, on the weekly leaderboard or through invite codes, are between those Users. The Owner moderates the Stands as described in "The Stands" and acts on reports and notices as described in these Terms, but it is not obliged to take part in disputes between Users and, to the extent permitted by applicable law, it is not responsible for the conduct of other Users.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Whenever the Owner should intend to adopt a measure to protect its legitimate interests that would result the User's access to this Application or the Service being prevented entirely or considerably restricted (even just temporarily), the Owner will notify the affected User thereof 7 days before the measure becomes effective, unless such delay would cause irreparable harm to the Owner's legitimate interests.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
Conduct restrictions
- pretending to fulfill any possible condition or requirements for accessing this Application and/or using the Services, such as for instance being of the required age according to these Terms or qualifying as a Consumer;
- concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
- manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content sent;
- defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way;
- promoting activity that may endanger the User's life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to send any content promoting and/or encouraging and/or showing any self-destructive or violent behavior through this Application;
- probing, scanning or testing the vulnerability of this Application, including the services or any network connected to the website, nor breaching the security or authentication measures on this Application, including the services or any network connected to this Application;
- installing, embedding, uploading or otherwise incorporating any malware into or via this Application;
- using this Application or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
- attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Application or the Service;
- attempting to obtain Premium features without paying for them, or Q points without earning them, including by manipulating purchases, receipts, the Rewarded Ads or the advertisements on which they depend;
- requesting refunds or initiating payment disputes fraudulently;
Excessive use of the Service
- using a resource of this Application excessively in relation to other Users of this Application – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User's account or limit the related activity until the User reduces the excessive consumption;
Scraping and automated access
- adopting any automated process to extract, harvest or scrape information, data and/or content from this Application and all the digital properties thereto related, including its application programming interfaces, unless where explicitly allowed to do so by the Owner;
- accessing the servers or application programming interfaces of this Application by any means other than the official goalq applications and website;
- using any content, data, Forecasts or AI Content obtained from this Application to train, develop or improve any machine learning or artificial intelligence model, or to build a competing product, service or dataset;
- decompiling, disassembling or reverse engineering this Application, except to the extent that this restriction is prohibited by applicable law;
Content restrictions
- disseminating or sending content that is unlawful, obscene, illegitimate, libelous or inappropriate;
- sending any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
- disseminating or sending any content that is false or may create unjustified alarm;
- using this Application to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder's consent;
- using this Application to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
- sending any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Application or another User's experience or devices. Such activities include: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;
User protection
- misappropriating any account in use by another User;
- harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users' accounts on this Application or by any other means;
- using any information relating to other Users, including personal or contact data, for purposes other than those this Application is intended for;
Commercial use restrictions
- using this Application to send, or to help send, spam or any other unsolicited bulk messages;
- indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Application or that this Application has endorsed the User, the User's products or services or any third party's products and services for any purpose;
- reselling, redistributing, publishing or otherwise commercially exploiting data, statistics, Forecasts or AI Content from this Application, including for the operation of betting, tipping or prediction services;
- accessing or using this Application in order to build a similar or competing product or service;
- removing, hiding or altering any copyright, trademark or other proprietary notice shown in this Application or on its content;
Prohibition of child sexual abuse and exploitation
Creating, uploading, or distributing content that facilitates the exploitation or abuse of children is expressly prohibited. Such activities include all child sexual abuse materials, etc.
Additional terms specific to goalq
What goalq is
goalq is a football statistics and analysis service. It gathers, calculates and presents statistical information about football so that Users can follow matches and understand the game better: fixtures, live scores, statistics, information about teams and players, model forecasts, the AI Match Report, the AI analysis, news and notifications. goalq is there to inform, never to advise. The Owner may add, change or remove sports, competitions, data and features over time.
Sports data and live scores
Fixtures, results, live scores, statistics, line-ups and other sports data come from third-party data providers. They may be delayed, incomplete or inaccurate, and they may be corrected after the fact. Live information is not guaranteed to be real-time. In case of any discrepancy, the official result published by the competent organizer prevails. The Owner does not guarantee that any particular competition, match or statistic will be covered.
AI features and AI-generated content
This Application includes features that use artificial intelligence and statistical models, in particular:
- the AI Match Report, which is generated by the Owner's statistical models from match data; and
- the AI analysis, which is written automatically by a large language model provided by Google (Gemini) from match information available to the Owner, such as fixtures, statistics, form, standings, reported absences and recent news headlines.
Content produced by these features ("AI Content") is generated automatically, is labelled as AI in this Application and is not reviewed by a person before it is shown. AI Content may be inaccurate, incomplete or out of date, and it may contain errors about facts, persons or events. It is not the opinion of the Owner and, like everything in goalq, it is statistical information, not a suggestion, a recommendation or advice. The AI features are designed never to give tips or to talk about odds or betting. Users should verify important information with reliable sources before relying on it.
AI Content is generated from match information, not from Users' personal data, and the Owner does not use AI Content to make decisions about Users. The Owner does not use Users' personal data to train artificial intelligence or statistical models.
Forecasts and probabilities
Forecasts, probabilities, expected goals, likely scorelines and similar model outputs ("Forecasts") are statistical estimates calculated by mathematical models. They show how likely an outcome looks on the basis of data, and nothing more: they are not betting odds, they are not offered for placing bets and they do not tell Users what to do. A probability is an estimate, not a promise: a team rated at 60% still fails to win four times in ten. Forecasts are not statements of fact or guarantees of any outcome, and actual results can and often will differ. The past performance of a model does not guarantee its future accuracy. The Owner may decide not to show Forecasts for certain matches or competitions, for example where a model does not meet the Owner's quality standards.
Not a betting service
goalq shares statistics; it does not give advice. The Owner:
- does not give suggestions, recommendations, tips or advice of any kind, whether about betting, finance, investments or anything else;
- does not publish, offer or compare betting odds;
- does not offer, accept or facilitate bets, wagers or any other form of gambling;
- does not aim to direct or encourage anyone to bet, to use a betting service or to take any other decision; and
- has no commercial relationship with bookmakers in connection with this Application.
Nothing in this Application, including Forecasts and AI Content, is an invitation, a suggestion or a recommendation to gamble. The statistics in goalq are there to inform; any decision a User takes is the User's own. Users who choose to use information from this Application for any betting, gambling or financial decision do so entirely at their own risk and are solely responsible for complying with the laws that apply to them, including any minimum age requirements for gambling. Users who feel that gambling is affecting their life are encouraged to seek help from a responsible-gambling organization in their country.
News
This Application may show headlines, summaries and images of news published by third-party publishers. Such news is selected automatically, remains the responsibility of its publisher and does not express the views of the Owner. The Owner does not guarantee the accuracy, completeness or availability of news. Rights holders who believe that content shown in this Application infringes their rights may contact the Owner as described in "Copyright and trademark complaints".
Notifications
Users may choose to receive push notifications, for example about kick-offs, goals, cards, half-time and full-time in the matches and for the teams they follow, and reminders. Notifications are sent on a best-effort basis: they may be delayed, may not be delivered and may contain errors, so Users should not rely on them for time-critical decisions. Users can choose which notifications they receive in the app's notification settings and can turn notifications off in their device settings at any time.
Advertising and the Rewarded Ads
The free version of this Application is supported by advertising. Advertisements are provided by third parties, and the Owner does not endorse the products or services advertised.
Users of the free version may be offered to watch rewarded advertisements to earn Q points (the "Rewarded Ads"). The number of Q points that each advertisement awards, the number of advertisements that can be watched in a row and the waiting period that follows them are shown in this Application and may change. The following rules apply:
- the Rewarded Ads require an account; once a User has watched the number of advertisements in a row shown in this Application, more can be watched only after the waiting period shown in this Application, and a break as long as that waiting period also makes the full number available again;
- Q points are awarded only after the advertising provider confirms that the advertisement was watched; if no advertisement is available or the confirmation fails, no Q points are awarded;
- Q points earned with the Rewarded Ads are added to the User's balance and can be spent like any other Q points, but they count neither toward the User's rank nor toward the weekly leaderboard; the rules in "Q points and challenges" apply to them, and watching an advertisement is not a purchase;
- a match that was unlocked with a rewarded advertisement under the earlier rules, which unlocked one match for 24 hours, stays unlocked until that unlock expires; and
- the Owner may change, limit or end the Rewarded Ads at any time, without affecting Q points already awarded.
Q points and challenges
On selected matches, this Application offers challenges: free questions about the match, such as the score, which team scores first, the number of goals or yellow cards, or whether a red card is shown. Users with an account who answer a challenge correctly earn the Q points shown on it. The following rules apply:
- challenges are free: nothing is paid or staked to take part, and the Q points a challenge awards are set in advance and are the same whatever the answer, so they are not odds;
- answers can be changed until kick-off and are final once the match has kicked off;
- challenges are decided after the final whistle on the match data that the Owner receives from its data providers; only the 90 minutes and stoppage time count, not extra time or a penalty shoot-out, and each challenge explains what it counts;
- if a match is not played, or the data needed to decide a challenge is not available, the challenge is void and awards no Q points;
- Q points have no monetary value: they cannot be bought, sold, transferred or exchanged for money, and they are not part of Premium;
- Q points can be spent in this Application on what it offers for them, such as opening one match's AI Match Report and AI analysis for a limited time, or an avatar, a frame or a background for the User's profile; the price is shown before spending, spending is final, and nothing obtained with Q points can be refunded, transferred or exchanged for money;
- every Q point earned counts toward the User's rank, from Amateur to Legend, except Q points earned with the Rewarded Ads, and spending Q points never lowers it; badges mark what a User has done in challenges, and a streak counts settled matches in a row in which the User answered at least one challenge correctly;
- Users with an account take part in a weekly leaderboard of the Q points earned from challenges that week (Monday to Sunday, UTC), where other Users see them under the leaderboard name they pick, or a generated name such as "Fan #4821", with their avatar, frame, rank and points; Users can leave the leaderboard at any time in this Application; the leaderboard name is the username the User picks in this Application, which only one account can use at a time (names that differ only in capital letters, accents or separators count as the same name) and which the User can change once every seven days; a leaderboard name must not be offensive or misleading or impersonate anyone, this Application refuses names containing words that it does not allow, and the Owner may remove or reset a name;
- ranks, badges and leaderboard places are recognition inside this Application only and come with no prize;
- Users with an account can also earn Q points by inviting friends: a User can create invite codes in this Application and share them however they choose; each code can be used by one person only, for a limited time, and only by an account that was opened recently and has not used a code before; the friend receives the Q points shown in this Application when using the code, and the User who invited them receives the Q points shown once the friend has answered a first challenge, up to a monthly limit; a User cannot use their own code or a code of a User they invited; Q points earned through invites count toward the balance and the rank, but not toward the weekly leaderboard;
- Users with an account can also earn Q points with achievements: steps shown in this Application with the reward each one gives, such as answering challenges, keeping a streak or opening this Application on several days; a reward is collected in this Application once its step is done, and is either Q points or an avatar or a frame that cannot be obtained in any other way; Q points earned with achievements count toward the balance and the rank, but not toward the weekly leaderboard;
- Users with an account can also earn Q points with the Rewarded Ads, under the rules in "Advertising and the Rewarded Ads"; these Q points count toward the balance, but neither toward the rank nor toward the weekly leaderboard;
- the Owner may correct Q points awarded by mistake and may withhold or remove Q points obtained through misuse, for example with several accounts, invites to accounts that do not belong to real people, or automated access; and
- the Owner may change challenges, invites, the Q points they award and these rules, or end challenges or invites, at any time; a User's Q points end when the account is deleted.
Challenges are a game around the statistics of a match, not a betting service (see "Not a betting service"). Apple and Google are not sponsors of challenges and are not involved in them in any way.
The Stands
On matches with challenges, this Application opens a stand where Users with an account comment on the match together (the "Stands"). Taking part is free and optional. The following rules apply:
- before writing, Users must accept the rules of the Stands shown in this Application, which are shown again whenever they change: the Stands do not allow abuse (swearing, insults, hate speech or harassment), advertising, promotion or spam, betting content (betting, betting slips, odds or betting sites), personal details such as phone numbers or e-mail addresses, or impersonation of another person, of this Application or of the Owner; Users cannot answer or tag other Users; and the Owner does not tolerate objectionable content or abusive Users on the Stands;
- a comment is the User's own text about the match, written before, during or after it, up to the length shown in this Application; the number of comments per match is limited, and a short wait applies between two comments;
- before a comment is shown, this Application checks it automatically and refuses it if it contains profanity, insults, slurs, betting talk, links, @handles or contact details such as phone numbers and e-mail addresses; this check cannot catch everything, and a comment that passes it is not approved by the Owner;
- Users can like other Users' comments; other Users see how many likes a comment received, but not who gave them;
- each comment shows other Users the leaderboard name or generated name, the avatar, the frame, the background and the rank of the User who wrote it, a badge the User earned, the team the User follows if it is one of the two teams playing, and whether the User has Premium; tapping the User there also shows other Users the Q points the User has earned, the badges the User has earned, how many achievements the User has completed and the avatars, frames and backgrounds the User owns;
- Users can block another User, which hides that User's comments from them on every match, and they can report a comment, or the name shown on it, to the Owner; reports are anonymous; a comment that several Users report is hidden automatically, and a name that several Users report is replaced automatically by a generated name, which the User can change again;
- the Owner reviews reports and may also hide comments, reset names and suspend a User from commenting and liking on the Stands for a period that it sets, during which that User's comments are not shown; the Owner tells the User in this Application when it hides one of the User's comments, resets the User's name or suspends the User, with the reason and, for a suspension, when it ends; a User who believes that a measure was taken by mistake can contact the Owner;
- a stand closes 26 hours after kick-off, or earlier if the match does not take place or is abandoned; it can still be read after that, but nothing more can be written or liked; the comments and likes of a stand are deleted 90 days after kick-off; and
- the Owner may change the Stands, their limits and these rules, or end the Stands, at any time.
The Stands are a way of following a match together, not a betting service (see "Not a betting service").
Q bot on Telegram
Q bot is the Owner's bot for the Telegram messaging service. It can be added to Telegram groups and channels, where it answers questions about matches with Q Edge's figures, as cards and short texts, and can post match cards and run a prediction game. Q bot does not require a goalq account, and the use of Telegram itself is governed by Telegram's own terms. The following rules apply:
- each group (or each channel together with its linked discussion group) has a free plan with a daily number of questions, and can be given a paid package (a "Q bot Package"); the questions each plan includes, its features and its price are shown by Q bot before payment;
- a Q bot Package belongs to the group or channel for which it was bought, not to the person who paid for it; it is not Premium and does not unlock anything in the goalq app or on goalqsports.com;
- a question counts against the group's questions only when Q bot gives at least one figure; the administrators of a group can choose who may ask Q bot and how many questions each member may ask a day;
- a Q bot Package can be bought only inside Telegram, with Telegram Stars, a payment processed by Telegram; it renews automatically every 30 days until it is cancelled among the payer's Stars subscriptions in Telegram; removing Q bot from the group stops the renewal; after cancellation, the package stays active until the end of the period already paid for;
- a promo code from the Owner can give a group a Q bot Package free of charge for the period the code states, once per group and only for a group that has never had a package or a free period before; nothing is charged and nothing renews by itself; when the free period ends, the group returns to the free plan unless an administrator buys a package; the Owner sets each code's package, period, number of uses and last day, and may end a code at any time without affecting a free period already started;
- payment questions and refund requests can be sent with Q bot's /paysupport command or to the contact details in these Terms; refunds of Telegram Stars are returned to the payer's Stars balance, and the rights described in "User rights" apply;
- Q bot reads only the messages that call it with the /qbot command, and the message or picture such a command replies to, in order to answer them; it does not read the other messages of a group;
- in the prediction game, the members of a group answer polls about matches, and Q bot shows the group's results with each member's Telegram first name; the game has no prizes and does not award Q points;
- Q bot's figures are Forecasts as described in "Forecasts and probabilities", and "Not a betting service" applies to Q bot in full; the administrators of a group are responsible for their group and must not present Q bot's figures as tips or use Q bot to promote betting services; and
- the Owner may change Q bot, its plans and these rules, or end Q bot, at any time; a change does not make a package already paid for materially worse during its period, except for a valid reason as described in "Premium".
Premium
Premium is an optional paid subscription. Premium includes the features described on the Premium screen of this Application at the time of purchase. At the date of these Terms, Premium includes the AI Match Report and the AI analysis for all matches for which they are available, and the use of this Application without advertisements.
The Owner may improve, change or add Premium features. The Owner will not change Premium in a way that makes it materially worse for Users during a paid period except for a valid reason, such as legal or regulatory requirements, security, changes made by the Owner's data or technology providers, or the discontinuation of a feature for technical or commercial reasons. In such cases, the Owner will inform affected Users in advance where reasonably possible, the change will come at no additional cost and, where the change negatively affects a Consumer more than minimally, the Consumer may cancel the subscription and, where provided for by applicable law, obtain a proportionate refund.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
Premium is purchased from the Apple App Store or Google Play, which act as the seller of the purchase. The right of withdrawal is therefore exercised with the Store, through the Store's own procedure:
- Apple App Store: through reportaproblem.apple.com or the purchase history in the User's Apple account, within 14 days of receiving the receipt.
- Google Play: through the order history in the User's Google Play account or Google Play's refund request process.
Users may also send an unequivocal statement of their intention to withdraw from the contract to the Owner, for example using the model withdrawal form available from within the "Definitions and legal references" section of this document. The Owner will then help the User complete the withdrawal with the Store. In order to meet the deadline, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
- Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
- In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed for all payments made for it. Because the Store is the seller of the purchase, the reimbursement is issued by the Store.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the withdrawal notice is received. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts:
- for the provision of services, after the service has been fully performed, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer's prior express consent after acknowledging that their right of withdrawal is lost once the service has been fully performed;
- for the supply of digital content which is not supplied on a tangible medium, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer's prior express consent after acknowledging that their right of withdrawal is thereby lost and such circumstances have been confirmed by the trader;
UK User rights: Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
Exercising the right to cancel
The right to cancel is exercised with the Store that sold the purchase, in the same way as described above for the right of withdrawal. Users may also send an unequivocal statement of their intention to withdraw from the contract to the Owner, for example using the model withdrawal form available from within the "Definitions and legal references" section of this document, and the Owner will help them complete the cancellation with the Store. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.
When does the cancellation period expire?
- Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.
- In case of purchase of a digital content not supplied in a tangible medium, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.
Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed for all payments made for it. Because the Store is the seller of the purchase, the reimbursement is issued by the Store.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the cancellation notice is received. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Exceptions from the right to cancel
The right to cancel does not apply to contracts:
- for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and with their acknowledgment that their right to cancel is thereby lost;
- for the provision of services, after the service has been fully performed if the performance has begun with the consumer's prior express request, and with their acknowledgment that their right to cancel is lost once the contract has been fully performed;
Brazilian User rights: Right of regret
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section.
Exercising the right of regret
The right of regret is exercised with the Store that sold the purchase, through the Store's own procedure, or by sending an unequivocal statement of the intention to withdraw from the contract to the Owner through the contact channels listed at the beginning of this document. Users may use the model withdrawal form available from within the "Definitions and legal references" section of this document, but are free to express their intention in any other suitable way. The Owner will help the User complete the withdrawal with the Store. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires.
When does the regret period expire?
- Regarding the purchase of a service, the regret period expires seven (7) days after the day that the contract is entered into and only if the service has not yet been provided.
- In the event of the purchase of digital content, the regret period expires seven (7) days after the day that the contract is entered into and only if the digital content has not yet been provided and integrated into the Consumer's device.
Effects of regret
Users who correctly withdraw from a contract will be reimbursed for all payments made for it. Because the Store is the seller of the purchase, the reimbursement is issued by the Store.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the regret notice is received. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of regret after having requested that the service be performed before the regret period expires, the User shall pay an amount which is in proportion to the part of the service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws.
Exceptions from the right of regret
The right of regret in the form and term provided for in these Terms shall not apply in the following cases:
- to the provision of services, after the service has been fully performed, if the performance has begun within seven (7) days of the date the contract was entered into with the express prior consent of the Consumer and with their acknowledgment that their right of regret will be forfeited once the contract has been fully performed;
- to the supply of digital content if the provision and availability of the content has already begun within seven (7) days of the date the contract was entered into with the express prior consent of the Consumer and with their acknowledgment that their right of regret will be forfeited;
Guarantees
Legal guarantee of conformity for Digital Products under EU law
Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than 2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers. For a subscription such as Premium, which is supplied continuously, conformity is guaranteed for the entire period of supply.
Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on this Application in accordance with the laws of the country of their habitual residence. National laws of such country may grant Users broader rights.
Scope of conformity of Digital Products
Some of the Digital Products available on this Application may have characteristics deviating from the objective requirements of conformity, such as their interoperability, compatibility, fitness for purpose, functionality, etc. Further information is to be found in the dedicated sections of this Application and will be pointed out during the purchasing process.
In particular, Users acknowledge that Forecasts, AI Content and sports data are, by their nature, estimates or information from third parties that can be inaccurate, as described in "Additional terms specific to goalq".
Forfeiture of conformity claims with regard to Digital Products
Where the Owner provides one or more updates to the Digital Product purchased, the User is required to install and/or implement all such updates according to the instructions provided by the Owner whenever informed to do so. Failure to install or apply any such updates may result in forfeiture of conformity claims with respect to the Digital Product.
Conformity to contract for Consumers in the United Kingdom
Users in the United Kingdom qualifying as Consumers have a right to receive digital content and services that are in conformity with the contract.
Legal guarantee of conformity for services for Consumers in Brazil
The legal guarantee applicable to services sold by this Application complies with the following terms, according to the Consumer Protection Code:
- non-durable services shall have a thirty-day (30 day) guarantee; and
- durable services shall have a ninety-day (90 day) guarantee.
The warranty period starts from the end of the performance of services.
The warranty is not applicable in cases of service misuse, natural events or if it has been subjected to any maintenance other than that provided by this Application.
The warranty may be claimed through the contact channels provided by this Application. The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty.
The regulations applicable to contractual warranties can be found in the specifications provided by this Application. If no such information is provided, only the statutory provisions shall apply.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner's liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand (including but not limited to lawyer's fees and costs) made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to mandatory law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Reliance on information, Forecasts and AI Content
To the maximum extent permitted by applicable law, the Owner is not liable for any loss or damage resulting from betting, gambling, trading or any other financial or personal decision taken on the basis of information, Forecasts or AI Content obtained from this Application, or from delays, interruptions or errors in sports data, notifications or AI Content. This does not limit liability that cannot be limited under applicable law.
Australian Users: Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US Users: Disclaimer of Warranties
This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content, including sports data, Forecasts and AI Content, is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users' web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law. Where applicable law does not allow an implied warranty to be disclaimed, that warranty is limited, to the extent the law allows, to 90 days from the User's first use of this Application.
US Users: Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content, including sports data, Forecasts and AI Content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party.
In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of US$50 and the amount paid by the User for Premium in the 12 months preceding the event giving rise to the claim, or during the period of duration of this agreement between the Owner and User, if shorter. The existence of more than one claim does not enlarge this limit.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User.
US Users: Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
- User's use of and access to the Service, including any data or content transmitted or received by User;
- User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;
- User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User's violation of any statutory law, rule, or regulation;
- any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User's willful misconduct; or
- any violation of statutory provisions by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, to the extent allowed by applicable law.
The Owner may assume the exclusive defense and control of any matter for which the User must indemnify it, and the User agrees to cooperate with that defense. The User may not settle any such matter without the Owner's prior written consent. The Owner will make reasonable efforts to inform the User of any such claim once it becomes aware of it.
US Users: Release
To the fullest extent permitted by applicable law, the User releases the Owner and its subsidiaries, affiliates, officers, directors, agents, successors and assigns from all claims, demands and damages of every kind, known and unknown, arising out of or related to disputes with other Users or with third parties whose products, services or content are accessed through this Application, such as advertisers, news publishers and the Stores. Users in California waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Users in other states waive any similar law.
App Store and Google Play terms
Apple App Store
If the User downloaded this Application from the Apple App Store, the following provisions also apply:
- Acknowledgement: These Terms are concluded between the User and the Owner only, and not with Apple Inc. ("Apple"). The Owner, not Apple, is solely responsible for this Application and its content.
- Scope of license: The Owner grants the User a limited, non-exclusive, non-transferable and revocable license to use this Application on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that this Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. As stated in "Premium subscription and in-app purchases", this does not extend Premium to such other accounts unless this Application states otherwise.
- Maintenance and support: The Owner is solely responsible for providing any maintenance and support services with respect to this Application, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
- Warranty: The Owner is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of this Application to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price, if any, for this Application to the User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Owner's sole responsibility, to the extent not disclaimed in these Terms.
- Product claims: The Owner, not Apple, is responsible for addressing any claims of the User or any third party relating to this Application or the User's possession and/or use of this Application, including, but not limited to: (i) product liability claims; (ii) any claim that this Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property rights: In the event of any third-party claim that this Application or the User's possession and use of this Application infringes that third party's intellectual property rights, the Owner, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal compliance: The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer name and address: Any questions, complaints or claims with respect to this Application can be directed to the Owner: Evaloha LLC, 2125 Biscayne Blvd, Ste 204 #28241, Miami, FL 33137, USA, email support@evaloha.com.
- Third-party terms of agreement: The User must comply with applicable third-party terms of agreement when using this Application, for example their wireless data service agreement.
- Third-party beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon the User's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.
Google Play
If the User downloaded this Application from Google Play, the User's use of Google Play is also subject to the Google Play Terms of Service. These Terms are concluded between the User and the Owner only, and Google is not responsible for this Application or its content.
Notices for Users in certain US states
The notices in this section apply only to Users who are subject to the laws of the states named below. Where a notice conflicts with another provision of these Terms, the notice prevails for those Users.
California
Under California Civil Code Section 1789.3, Users in California are entitled to the following consumer rights notice. This Application is provided by Evaloha LLC, 2125 Biscayne Blvd, Ste 204 #28241, Miami, FL 33137, USA. This Application can be used free of charge; Premium is a paid subscription whose price is shown by the Store before the purchase. To file a complaint about this Application, or to receive further information about its use, Users can write to that address or to support@evaloha.com. Users in California can also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Users in California also have rights under the California Consumer Privacy Act, such as the right to know, correct and delete their personal information and to opt out of its sale or sharing, as described in the Privacy Policy, "Further information for Users in the United States".
Other US states
Users in Colorado, Connecticut, Virginia, Nevada and the other US states with consumer privacy laws may have additional rights over their personal data, such as the right to opt out of targeted advertising, as described in the Privacy Policy, "Further information for Users in the United States".
Common provisions
No Waiver
The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" events (infrastructural breakdowns or blackouts, failures of third-party data or technology providers etc.). The Owner undertakes to inform the User with at least 7 days' notice in advance, whenever possible.
Updates to this Application
The Owner may release updates to this Application, for example to fix errors, improve security or add features. Some updates may be required in order to keep using this Application; when a version is no longer supported, this Application may ask the User to update it before it can be used.
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of this Application and to its cookie and tracking technologies policy.
By using this Application, Users acknowledge that the Owner processes their personal data, including through cookies and similar technologies, as described in those policies. Where these Terms and the privacy policy conflict on the processing of personal data, the privacy policy prevails.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks (nominal or figurative) and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application, including the goalq name and logo, are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. Marks of third parties, such as those of clubs, leagues and competitions, remain the property of their respective owners.
Copyright and trademark complaints
Rights holders who believe that content made available through this Application infringes their copyright, trademark or other rights may send a notice to support@evaloha.com. To allow the Owner to handle the notice quickly, it should include:
- the identification of the protected work, mark or other right that is claimed to be infringed;
- the identification of the content concerned and where it appears in this Application;
- the name, address, telephone number and email address of the complainant;
- a statement that the complainant believes in good faith that the use of the content is not authorized by the rights holder, its agent or the law;
- a statement that the information in the notice is accurate and that the complainant is the rights holder or is authorized to act on its behalf; and
- the physical or electronic signature of the complainant.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect. The Owner will appropriately inform the User of upcoming changes 30 days before they come into effect, by releasing the information via this Application and, where available, by email. Changes required by law or made for security reasons, and changes that only concern new features, may take effect immediately.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts and electronic communications
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Users agree to receive communications from the Owner electronically, for example by email, by notifications within this Application or by publication on goalqsports.com, and agree that such electronic communications satisfy any legal requirement that a communication be made in writing.
Accessibility
The Owner wants this Application to be usable by everyone, including people with disabilities. It endeavors to make goalqsports.com conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, and to make the apps work with the accessibility features of iOS and Android. Users who have difficulty accessing or using any part of this Application, or who have suggestions to improve its accessibility, can contact the Owner at support@evaloha.com. The Owner will make reasonable efforts to address their concern promptly.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users: Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users: Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Interpretation
In these Terms, words such as "including" and "for example" introduce examples and do not limit the meaning of the words before them. Headings are for convenience only and do not affect the meaning of the provisions.
Export control and sanctions
Users may not use or export this Application in violation of the export control and economic sanctions laws of the United States or of any other applicable jurisdiction, and may not use this Application in or from any country or region, or on behalf of any person, subject to such sanctions.
Language
These Terms are drafted in English. Translations are provided for convenience. In case of any discrepancy between the English version and a translation, the English version prevails, to the extent permitted by applicable law.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles. However, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail. If the User qualifies as a Consumer in Switzerland, Swiss law will apply. If the User qualifies as a Consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document. This does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway, Iceland or Brazil.
US Users: Disputes are resolved by arbitration as described in "Arbitration agreement for US Users", unless the User has opted out of it or the dispute is excluded from it. For any claim that proceeds in court, each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
UK Consumers: Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in either the Northern Irish or the English courts.
Surviving provisions
This Agreement shall continue in effect until it is terminated by either this Application or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
- the User's grant of licenses under these Terms shall survive indefinitely;
- the User's indemnification obligations shall survive for a period of five years from the date of termination;
- the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely;
- the arbitration agreement for US Users shall survive indefinitely.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related purchase or account, to the Owner's email address specified in this document. The Owner usually replies within two business days and will try to resolve the complaint without undue delay.
Arbitration agreement for US Users
This arbitration agreement applies only to Users who reside in the United States ("US Users"). It does not apply to Consumers in the European Union, the United Kingdom, Switzerland, Norway, Iceland or Brazil, or to any other User outside the United States; their rights under "Governing law" and "Venue of jurisdiction" remain unaffected.
Please read this arbitration agreement carefully. It affects the legal rights of US Users, including the right to sue in court and the right to a jury trial.
This arbitration agreement is governed by the US Federal Arbitration Act.
Disputes covered by arbitration
Except as described below, the US User and the Owner agree to resolve every dispute, claim or controversy arising out of or relating to these Terms, this Application or the Service through binding individual arbitration instead of in court. This includes disputes that arose before the User accepted these Terms.
The following are excluded from arbitration:
- individual claims that qualify for a small claims court, for as long as they remain in that court; and
- claims for injunctive or other equitable relief to protect intellectual property rights, such as copyrights, trademarks or trade secrets, which either party may bring in any court of competent jurisdiction.
Informal resolution first
Before starting an arbitration, the party raising a dispute must send the other party a written notice that describes the dispute and the relief sought (an "Informal Notice"). US Users send their Informal Notice to support@evaloha.com or to 2125 Biscayne Blvd, Ste 204 #28241, Miami, FL 33137, USA, with their name, their place of residence and the email address of their goalq account, if they have one. The Owner sends its Informal Notice to the email address of the User's account.
Within 45 days of the receipt of an Informal Notice, the parties will, if either of them asks, talk by phone or video in good faith to try to resolve the dispute. If the dispute is not resolved within 60 days of the receipt of the Informal Notice, either party may start an arbitration. Any time limit for bringing the claim is suspended while this process is under way.
Arbitration rules and procedure
The arbitration is administered by JAMS (https://www.jamsadr.com). Claims of less than US$250,000, excluding fees and interest, follow the JAMS Streamlined Arbitration Rules and Procedures; larger claims follow the JAMS Comprehensive Arbitration Rules and Procedures. The JAMS Consumer Arbitration Minimum Standards apply, including their rules on the fees that a consumer pays. Unless the parties agree otherwise, the arbitration takes place in the county where the US User lives, or by video or on the documents where the rules allow it.
A demand for arbitration must include:
- the claimant's name and contact details and, for a US User, the email address of their goalq account, if they have one;
- a description of the claims and of the facts supporting them;
- the relief sought and a good-faith estimate of the amount in dispute;
- confirmation that the informal resolution process has been completed; and
- proof of payment of any filing fee that is due.
The arbitrator decides every dispute covered by this arbitration agreement, including questions about its scope and enforceability, except that a court decides: challenges to the class action waiver below; disputes about arbitration fees; whether a condition for starting an arbitration has been met; and which version of this arbitration agreement applies. The arbitrator may award the same relief that a court could, on an individual basis only. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.
The arbitration and the documents produced in it are confidential, except where disclosure is needed to enforce an award or is required by law. Each party bears its own attorneys' fees, unless the arbitrator finds that a claim was frivolous or brought for an improper purpose, or applicable law or the JAMS rules provide otherwise.
Waiver of jury trial and class actions
By agreeing to arbitration, US Users and the Owner waive the right to a trial by judge or jury for all claims covered by this arbitration agreement.
All disputes must be brought on an individual basis. Neither a US User nor the Owner may bring claims as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may award relief only on an individual basis.
If a court finds this class action waiver unenforceable for a particular claim, that claim, and only that claim, is severed from the arbitration and must be brought in court as described in "Venue of jurisdiction"; all other claims remain subject to arbitration.
Batch arbitration
If 100 or more substantially similar demands for arbitration are filed against the Owner within a 30-day period by or with the help of the same law firm or coordinated group, JAMS will group them into batches of 100, with a smaller final batch where needed. Each batch is decided in a single proceeding by one arbitrator, with one set of fees per batch.
Opting out of arbitration
US Users may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a notice to support@evaloha.com or to Evaloha LLC, 2125 Biscayne Blvd, Ste 204 #28241, Miami, FL 33137, USA. The notice must include the User's name and address, the email address of their goalq account, if they have one, and a clear statement that they wish to opt out of arbitration. Opting out does not affect any other part of these Terms, and Users who opt out are not treated any differently.
Changes to this arbitration agreement
If the Owner makes a material change to this arbitration agreement, US Users may reject the change by sending a notice as described in "Opting out of arbitration" within 30 days of being informed of it. In that case, the latest version of this arbitration agreement that the User accepted continues to apply.
Severability of the arbitration agreement
If any part of this arbitration agreement is found invalid or unenforceable, it is modified to the minimum extent necessary to make it enforceable, and the rest of the arbitration agreement remains in effect, subject to the rule on the class action waiver above.
Definitions and legal references
This Application
The property that enables the provision of the Service: the goalq mobile applications for iOS and Android and the website goalqsports.com.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
AI Content
Content generated automatically by the artificial intelligence features of this Application, such as the AI Match Report and the AI analysis.
Business User
Any User that does not qualify as a Consumer.
Code
Any promotional or offer code, redeemed through a Store, which allows the User to obtain a Product at a discounted price or for free for a limited period.
Digital Product
Is a Product that consists of content produced and supplied in digital form; and/or a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of this Application.
European Consumer
Any User qualifying as a Consumer who has their habitual residence in a member state of the European Union or of the European Economic Area.
Forecasts
Probabilities, expected goals, likely scorelines and other estimates produced by the statistical models of this Application. They are statistical estimates, not betting odds.
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Premium
The paid subscription offered in this Application, as described in these Terms and on the Premium screen of this Application.
Product
A good or service available through this Application, such as e.g. digital content, software or subscriptions, and any other types of products separately defined herein, such as Digital Products.
Q points
The free points that Users earn by answering challenges correctly, by inviting friends, with achievements or with the Rewarded Ads, and can spend in this Application, as described in "Additional terms specific to goalq". Q points have no monetary value.
Rewarded Ads
The rewarded advertisements that Users of the free version can watch to earn Q points, as described in "Additional terms specific to goalq".
Service
The service provided by this Application as described in these Terms and on this Application.
Stands
The stand that this Application opens for matches with challenges, where Users with an account comment on the match and like comments, as described in "Additional terms specific to goalq".
Store
The Apple App Store or Google Play, through which this Application is distributed and through which Premium is sold.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Any natural person or legal entity using this Application, whether a human being or legal entity.
US User
Any User who resides in the United States.
Consumer
Consumer is any User qualifying as such under applicable law.
Example withdrawal form
Addressed to Evaloha LLC, 2125 Biscayne Blvd, Ste 204 #28241, Miami, FL 33137, USA, support@evaloha.com
Premium is purchased from the Apple App Store or Google Play. Users may send this form to the Store, or to the Owner, who will help them complete the withdrawal with the Store.
I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service:
- Service (for example, goalq Premium monthly or yearly, with the order or receipt number)
- Ordered on
- Name of consumer(s)
- Email address of the goalq account
- Address of consumer(s)
- Signature of consumer(s) (only if this form is sent on paper)
- Date