1. About these terms
1.1 This End User Licence Agreement (the "Terms") is a legal agreement between you and Fat Cigar Productions Ltd (trading as FCP Ltd), company number 06931873, registered office 7 Lynwood Court, Priestlands Place, Lymington, Hampshire, SO41 9GA ("FCP Ltd", "we", "us"). It covers Touchline Manager, including TLM27 and every later edition, update, data update, beta or test version and online feature (together, the "Game"), and any subscription to it. The Game is developed by HOA Ltd and published by us.
1.2 By downloading, installing, starting a trial of, subscribing to or playing the Game, you accept these Terms. If you don't accept them, don't download, install or play the Game.
1.3 You must be 18 or over to accept these Terms yourself. If you're under 18, a parent or guardian must accept them for you and is responsible for your use of the Game and for any purchases.
1.4 The terms of the store you got the Game from (the Apple App Store or Google Play) also apply. If they conflict with these Terms on payment, refunds or the store's own rights, the store's terms win.
2. Your licence
2.1 The Game is licensed to you, not sold. As long as you keep to these Terms, we give you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the Game on devices you own or control, for your own private, non-commercial entertainment.
2.2 FCP Ltd and its licensors own all rights in the Game, including its software, code, match engine, database, player and staff ratings, text, artwork, music, design and the Touchline Manager and TLM names and logos. Everything not expressly licensed to you in these Terms is reserved by us.
2.3 Your licence ends automatically if you break these Terms, and also ends when these Terms end (section 14).
3. What you must not do
3.1 Unless the law expressly allows it, you must not, and must not help or allow anyone else to:
- copy, sell, rent, lease, lend, distribute, broadcast or otherwise make the Game, or any part of it, available to anyone else;
- extract, scrape, copy, re-use, publish or sell the Game's database, ratings, attributes or text, in whole or in substantial part, by any means, including to build or train any other game, website, app, dataset or artificial-intelligence or machine-learning model;
- decompile, disassemble, reverse-engineer, modify, translate or make derivative works from the Game, except to the limited extent section 50B of the Copyright, Designs and Patents Act 1988 permits and only after first asking us for the information you need;
- create, use or distribute cheats, bots, trainers, save editors, unpacked or modified versions of the Game, or any tool that interferes with it;
- get round any security, licence check, subscription check, save protection or other technical measure in the Game;
- exploit bugs or errors, or attack, overload or interfere with our servers, website or online features;
- use the Game for any commercial purpose, or in any way that is unlawful, fraudulent or harmful, or that infringes anyone's rights;
- remove or change any copyright, trade mark or other notice in the Game.
3.2 Videos and screenshots. You may share screenshots, videos and streams of your own play, including on platforms that pay you through their own advertising programmes, as long as you don't claim the Game or its content as your own, don't publish material from beta versions without our permission (section 8), and don't share material that harms the Game's reputation or anyone else. We can withdraw this permission for anyone, at any time.
4. Subscriptions, trials and purchases
4.1 Through the stores. All purchases and subscriptions are made, charged and managed through the App Store or Google Play using your store account. The price, billing period and any free-trial length are shown to you before you buy. Prices include any taxes the store charges.
4.2 Free trials. If we offer a free trial, it starts when you begin it and, unless you cancel, becomes a paid subscription automatically when it ends. You'll be charged the subscription price at that point. To avoid being charged, cancel at least 24 hours before the trial ends. Trials are limited to one per person and store account, and we can change or end trial offers at any time without affecting a trial you've already started.
4.3 Automatic renewal. A subscription renews automatically at the end of each billing period, for the same period, at the price in force at the time, unless you cancel at least 24 hours before the end of the current period. Your store account is charged in the 24 hours before each renewal.
4.4 Cancelling. You can cancel at any time in your App Store or Google Play subscription settings. Deleting the Game doesn't cancel a subscription. Cancellation takes effect at the end of the current billing period, and you keep the subscription's features until then.
4.5 Refunds. Refunds are handled by Apple or Google under their refund policies. We don't give refunds or credits for unused or part-used periods, or for content you didn't use, except where the law requires it. Your rights under the law (section 11) are not affected.
4.6 Your right to cancel within 14 days. When you buy digital content, the law normally gives you 14 days to change your mind. By starting a download, trial or subscription and asking for immediate access, you agree to the content being supplied straight away and you acknowledge that you lose that 14-day right once supply begins. The store's own refund policies may still apply.
4.7 Price changes. We may change subscription prices. We, or the store, will tell you in advance and in the way the store and the law require. If you don't want to pay the new price, cancel before it takes effect. Where the store or the law requires your consent to a price increase, the subscription won't renew at the new price without it.
4.8 What a subscription includes. A subscription gives you the features, content and updates described in the Game and on the store listing at the time you subscribe, for as long as it's active. We may change, add or remove features and content over time (section 7). If a change significantly reduces what you're paying for, we'll tell you, and you can cancel. If you do, and the law requires it, you'll get a refund for the unused part of a period you've paid for.
4.9 When a subscription ends. Your saved games stay on your device, but features, content and updates that need an active subscription stop working until you subscribe again.
4.10 Editions. Each yearly edition of the Game (for example TLM27 and TLM28) is a separate product. A purchase or subscription for one edition doesn't include any other edition unless we say so when you buy.
4.11 Progress and in-game items. In-game money, budgets, items, progress and saved games have no real-world monetary value. They aren't your property, can't be sold, transferred or exchanged for money, and are part of your licence to use the Game.
4.12 Chargebacks. If you dispute a valid charge or reverse a payment, we can suspend the features you haven't paid for until the dispute is resolved.
5. Accounts and online features
5.1 Some features need an account, which we create using your email address and one-time sign-in codes. Keep access to your email secure; you're responsible for what happens through your account. Tell us straight away if you think someone else has used it.
5.2 Online features (such as signing in, bringing in children signed up on our website, and downloading data updates) need an internet connection, which you pay for. We don't promise they'll always be available, uninterrupted or error-free. We may suspend them for maintenance, security or reasons outside our control, and may withdraw an online feature after giving reasonable notice.
6. Real names, ratings and fiction
6.1 The Game uses the names of real clubs, leagues, competitions, players, managers and staff for identification only. The Game is not endorsed by, sponsored by, licensed by or connected with any of them, or with Sports Interactive, SEGA or any other game publisher, unless we say so.
6.2 Player and staff ratings, attributes, values and personalities are our own opinions, created for a game. They are not statements of fact, and they are not a professional assessment of anyone.
6.3 Everything that happens in the Game is fiction, including results, transfers, sackings, injuries, news, and any child or grassroots player being scouted, signed or released. Nothing in the Game is a prediction, advice, a trial or a real opportunity, and you must not rely on it for any real-world decision, including betting, scouting or selection.
7. Updates and changes to the Game
7.1 We may update, change, add to or remove parts of the Game, including features, content, data, leagues and the match engine, for example to fix problems, improve it, reflect real-world changes or meet legal requirements. Some updates install automatically when you're online.
7.2 You may need to install an update to keep using the Game or its online features. If you don't, parts of the Game may stop working, and we aren't responsible for that.
7.3 Saved games from older versions or editions may not work with newer ones.
8. Beta and test versions
8.1 Beta and test versions are unfinished and provided "as is". They may contain bugs, lose or corrupt saved games, change without notice or stop working, and we can end access to them at any time.
8.2 Beta versions are confidential. Unless we tell you in writing that you can, don't publish or share screenshots, videos, recordings or details of a beta version.
8.3 If you send us feedback, ideas or suggestions about the Game, you give us the unrestricted right to use them for any purpose, without payment or credit to you.
9. Content you add
9.1 Some features let you add content, such as a child's details, a club's badge or colours, names or messages ("Your Content"). You promise that you have every right needed to add it, that it's accurate and lawful, and, for a child, that you're their parent or legal guardian.
9.2 You keep ownership of Your Content. You give us a worldwide, royalty-free, non-exclusive licence to use, store, copy, adapt and display it to run, improve and promote the features it's for, until you remove it (except for copies already in other players' games or backups, which are removed in the normal course). How we handle personal data is set out in our privacy policy.
9.3 We can refuse, remove or change any of Your Content at any time, for example if we think it's inaccurate, offensive, unlawful or infringes anyone's rights.
10. Suspension and enforcement
10.1 If we reasonably believe you've broken these Terms, for example by cheating, distributing the Game or its database, abusing others, or committing fraud, we can, without notice, suspend or end your account, your online access, your subscription or your licence.
10.2 If we end your licence because you've broken these Terms, you aren't entitled to a refund, except where the law requires one.
10.3 You're responsible for any losses, damage and reasonable legal costs we suffer because you deliberately or negligently break these Terms, for example by copying or distributing the Game or its database.
11. Your rights under consumer law
11.1 If you're a consumer in the UK, you have legal rights for digital content, including that it must be of satisfactory quality, fit for purpose and as described (Consumer Rights Act 2015). If it isn't, you may be entitled to a repair or replacement, or to some or all of your money back.
11.2 Nothing in these Terms takes away or limits those rights, or any other rights you have by law that can't be excluded or limited by agreement. Citizens Advice can tell you more.
12. No other promises
12.1 Apart from what's set out in section 11 and any rights you have by law, the Game is provided "as is" and "as available". As far as the law allows, we make no other promises, and exclude all other warranties, conditions and terms, whether express or implied. In particular, we don't promise that the Game will be uninterrupted or error-free, that it will run on every device, that its data is complete or accurate, or that saved games will never be lost.
12.2 Back up your device regularly. We don't hold copies of your saved games.
13. Our liability
13.1 What we never exclude. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or for anything else the law doesn't allow us to limit or exclude.
13.2 Losses we're not responsible for. Subject to 13.1, we aren't responsible for:
- any loss or damage that wasn't a foreseeable result of our breaching these Terms or failing to use reasonable care and skill;
- any business loss, including loss of profit, revenue, contracts or opportunity. The Game is for private use only;
- loss of saved games or data that you could have avoided by backing up your device or installing an update we provided free of charge;
- damage caused by your device, other software, your internet connection, or your not following our instructions;
- anything that happens because you relied on the Game's content for a real-world decision (section 6.3).
13.3 Damage to your device. If defective digital content we supplied damages your device or other digital content belonging to you, and that happened because we didn't use reasonable care and skill, we'll either repair the damage or pay you compensation.
13.4 The most we'll pay. Subject to 13.1 and 13.3, our total liability to you for everything arising out of or in connection with the Game and these Terms is limited to the greater of: (a) the total amount you paid for the Game and any subscription to it in the 12 months before the event giving rise to the claim; and (b) £50.
14. Ending these Terms
14.1 You can end these Terms at any time by cancelling any subscription and deleting the Game from your devices.
14.2 We can end these Terms, or your access to the Game or any part of it, under section 10, or for any reason by giving you at least 30 days' notice. If we end them under this section for a reason other than your breach, we'll refund any subscription period you've paid for but won't get, where the store allows us to.
14.3 When these Terms end, your licence ends and you must stop using the Game and delete it. Sections 2.2, 3, 4.5, 4.11, 6, 9.2, 10, 12, 13, 14, 16 and 17 continue to apply.
15. Events outside our control
15.1 We aren't responsible for any delay or failure to perform these Terms caused by events outside our reasonable control, such as failures of the stores, hosting or internet services, cyber attacks, power cuts, strikes, government action, pandemics or natural disasters. If that happens, we'll tell you as soon as we reasonably can and do what we reasonably can to limit the effect.
16. Changes to these Terms, and general terms
16.1 We may change these Terms, for example to reflect changes to the Game, the stores' rules or the law. We'll tell you about significant changes in the Game, by email or on our website before they apply. If you keep using the Game after a change applies, you're accepting the new Terms. If you don't accept them, stop using the Game and cancel any subscription before the change applies.
16.2 We may transfer our rights and obligations under these Terms to another organisation; we'll tell you if we do, and it won't affect your rights. You may not transfer your rights or obligations to anyone else.
16.3 These Terms, together with our privacy policy and the store's terms, are the whole agreement between you and us about the Game. If a court decides any part of these Terms can't be enforced, the rest still applies. If we don't enforce a right straight away, we can still enforce it later.
16.4 Except as set out in section 17 for Apple, no one else has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
17. App Store and Google Play
If you got the Game from the Apple App Store:
- These Terms are between you and FCP Ltd only, not Apple. FCP Ltd, not Apple, is solely responsible for the Game and its content.
- Your licence is limited to using the Game on Apple-branded products you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Game may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- FCP Ltd is solely responsible for providing any maintenance and support for the Game. Apple has no obligation to provide any.
- If the Game fails to conform to any applicable warranty, you can notify Apple, and Apple will refund the purchase price, if any, for the Game. As far as the law allows, Apple has no other warranty obligation for the Game, and any other claims, losses, liabilities, damages, costs or expenses from any failure to conform to a warranty are FCP Ltd's responsibility, subject to these Terms.
- FCP Ltd, not Apple, is responsible for addressing any claims by you or any third party relating to the Game or your possession and use of it, including product liability claims, claims that the Game fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- If a third party claims that the Game or your possession and use of it infringes their intellectual property rights, FCP Ltd, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
- You confirm you're not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and you're not listed on any US Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using the Game, such as your mobile network's terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
If you got the Game from Google Play: your purchase is also subject to the Google Play Terms of Service and Google Play's refund policies. Google isn't responsible for the Game or for any support for it.
18. Law, complaints and disputes
18.1 If you have a complaint, email [email protected] first. We'll try to resolve it quickly.
18.2 These Terms, and any dispute or claim arising out of or in connection with them or the Game (including non-contractual disputes or claims), are governed by the law of England and Wales.
18.3 The courts of England and Wales have jurisdiction. If you're a consumer living in Scotland or Northern Ireland, you can also bring proceedings in your local courts. If you're a consumer living elsewhere, you keep the protection of any mandatory laws of the country where you live.