STARTING11 INC - USER AGREEMENT

Introduction

This User Agreement ("Agreement") governs the terms of use of the Starting11 software (the "Platform"), whether via the app or web application, provided by Starting11 Ltd., a company registered and existing under the laws of the Federal Republic of Nigeria ("we", "us", or "our"). This Agreement applies to all users ("Players", "Recruiters") who register and access the Platform (collectively referred to as "Users" or "Player Users").

By registering, accessing, or using the Platform, you agree to abide by all the terms and conditions set forth in this Agreement. If you are under the age of 18 years, your legal guardian must review and consent to this Agreement. If you do not agree with these terms, please refrain from using the Platform.

1. Eligibility and Registration

1.2 Age Requirement

The Platform is intended for players of all ages. However, if you are under 18 years, you must obtain the consent of your parent, legal guardian, or another authorised individual (such as a club administrator) to use the Platform. Where a player falsifies their age or uses the Platform without proper consent of their parent or legal guardian, they will be removed from the Platform and their account deleted.

1.3 Account Creation

To use the Platform, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately if you suspect any unauthorised use of your account.

2. Representation of Skills and Credentials

2.1 Player Information

Players must accurately represent their skills, credentials, and other relevant personal information during registration and while using the Platform. Failure to provide accurate information may result in the suspension of your account, exclusion from events or trials, and other consequences at our discretion.

2.2 Verification of Credentials

Starting11 may request additional verification or proof of a player’s skills, qualifications, or experience. By accepting this Agreement, the player agrees to cooperate with such verification requests.

3. Platform Usage

3.1 Services for Players

The Platform connects players with potential recruiters, coaches, and other sports-related opportunities. The Platform offers a freemium model, allowing access to basic features at no cost, with the option to purchase additional services ("Premium Features"). The specific details of the freemium model are outlined on the Platform.

3.2 Prohibited Activities

• 3.2.1

  Impersonating any person or entity.

• 3.2.2

  Engaging in harassment or discriminatory behaviour.

• 3.2.3

  Uploading or transmitting content that is illegal, offensive, or in violation of any third-party rights.

• 3.2.4

  Interfering with the functioning of the Platform or the accounts of other Users.

3.3 Content Upload and Rights

By submitting content, such as videos, photos, or other media, to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and distribute such content in connection with the operation and promotion of the Platform. You represent and warrant that you have all necessary rights to grant such licenses. The license only lasts as long as the content remains on the Platform or is actively used for promotional purposes. Users may remove or delete their content from the Platform; however, this does not affect any rights previously granted for promotional use during the content’s time on the Platform.

If we determine that content violates the provisions of this agreement, we have the sole discretion to either remove the content or permanently delete it.

4. Consent to Be Spotlighted in Events and Trials

4.1 Player Profile Promotion and Recruitment Activities

By making use of the Platform, players grant Starting11 an irrevocable, royalty-free license to feature their profiles in events, trials, and showcases related to player recruitment. This includes, but is not limited to, online events, physical trials, and recruitment activities. This license remains valid for as long as the player maintains an account on Starting11 and continues for a period of three (3) years after account termination. During this period, Starting11 retains the right to use player profiles in recruitment-related activities without requiring further consent. Players may opt out of post-termination usage by submitting a written request to [email protected] within 30 days of account termination, subject to fulfilling any applicable payment obligations.

4.2 Promotional Consent

By using the Platform, players consent to the use of their names, images, and performance data in promotional materials, including online and offline advertisements, for marketing purposes.

5. Subscription and Payments

5.1 Freemium Model for Players

As a Player User, you will have access to basic features of the Platform at no charge, including profile creation, event participation, and basic networking features. Certain advanced features and premium services may be available through subscription or in-app purchases ("Premium Features").

5.2 Subscription for Recruiters

Recruiters, coaches, and organisations wishing to access recruitment-specific features or manage multiple player profiles will be required to subscribe to a paid plan. Subscription fees for recruiters will be outlined on the Platform and are subject to change with prior notice.

5.3 Billing

If you choose to purchase Premium Features or a recruiter subscription, you agree to provide accurate billing information and authorise us to charge the applicable fees. Payments are generally non-refundable except as required by applicable law, including but not limited to cases where services have not been provided as agreed.

6. Privacy and Data Protection

6.1 Privacy Policy

Your use of the Platform is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platform, you consent to the collection and processing of your data as described in the Privacy Policy and accept the terms of the Privacy Policy.

6.2 Parental Consent

For users under the age of 18, we may collect and process personal data only with the consent of a parent, legal guardian, or another authorised individual on behalf of the guardian (such as a club administrator). If you are a parent or guardian of a User under the age of 18, you agree to monitor and supervise their use of the Platform. We will adhere strictly to the Child Rights Act 2003 on the rights of children and the use of their data.

6.3 Data Sharing

Starting11 Inc. collects and processes personal and professional information, including but not limited to player profiles, skills, performance history, and videos. Players consent to the sharing of this data with authorised recruiters who have subscribed to the Platform. Recruiters will only be allowed to access and use player data in compliance with our data protection policies and applicable laws. Data shared will only be relevant to recruitment activities and include restrictions on how those recruiters may use the data.

6.4 Recruiter Responsibilities

Recruiters are solely responsible for ensuring that any data they collect, process, or use in relation to Players complies with applicable data protection laws and regulations.

7. Contractual Terms

7.1 Recruitment Contracts

The Platform may facilitate the recruitment of a Player by a Recruiter. Whereas Starting11 is not a party to any employment contract or transfer agreement ultimately concluded between a Player and a Recruiter, the Platform, through its use of data, programs, partnerships, or services, is a material cause of such recruitment. Users acknowledge that the services provided by the Platform are indeed valuable in facilitating the recruitment.

7.2 Platform’s Role

Starting11 Inc., through Platform Usage, Events and Trials, Promotion and Recruitment Activities, partnership with Recruiters, Premium or other services, provides the Platform for interaction between Players and Recruiters.

8. Success Fee

8.1 Entitlement to Success Fee

If a Player is successfully recruited or transferred through the Platform, Starting11 will be entitled to a Success Fee, typically ranging from 5–10% of the Player’s football-related income for a period of one year, as detailed in a separate agreement between the Player/Recruiter and Starting11, compliant with applicable laws.

8.2 Calculation of Success Fee

The exact percentage of earnings due to Starting11 Inc. will be as agreed in the separate agreement between the Player/Recruiter and Starting11 and will comply with applicable laws.

9. Platform Modifications and Termination

9.1 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, including features, content, or availability. We will provide Users with notice of any significant changes to the Platform through email, pop-up notices, or Platform updates, and continued use of the Platform after such changes will constitute acceptance of the revised terms.

9.2 Termination

We may suspend or terminate your account if we determine, at our sole discretion, that you have violated this Agreement, engaged in any illegal activity, or failed to comply with Platform policies. You may terminate your account at any time by contacting us or through the settings on the Platform.

10. Intellectual Property

10.1 Ownership

The Platform and all its contents, including but not limited to text, images, logos, designs, software, and other intellectual property, are the property of Starting11 Inc. or its licensors and are protected by applicable intellectual property laws. Starting11 retains all rights to the Platform’s design, technology, and functionality, while Users retain ownership of their personal content. However, by submitting content to the Platform, Users grant Starting11 a non-exclusive, worldwide, royalty-free licence to use such content for promotional and operational purposes.

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for personal, non-commercial purposes in accordance with this Agreement.

11. Disclaimers and Limitation of Liability

11.1 No Warranty

The Platform is provided "as is" and "as available". We make no representations or warranties of any kind, express or implied, regarding the functionality, reliability, or accuracy of the Platform.

11.2 Limitation of Liability

To the fullest extent permitted by law, Starting11 Inc. will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of data, revenue, or profits arising out of or related to your use or inability to use the Platform, even if advised of the possibility of such damages. In any event, Starting11 Inc.’s total aggregate liability for any direct damages arising from or related to your use of the Platform shall not exceed the total fees paid by the User in the 12 months preceding the claim. Furthermore, Starting11 shall not be liable for the actions of third-party recruiters, external links posted on the Platform, or any advice, representations, or agreements made outside the Platform.

11.3 Platform Availability

Starting11 does not guarantee the availability or functionality of the Platform at all times and will not be responsible for any interruptions, delays, or malfunctions in service, including but not limited to maintenance, technical issues, or third-party errors. Starting11 makes reasonable efforts to ensure Platform availability, but we do not guarantee uninterrupted service and will not be liable for disruptions caused by maintenance, technical issues, or third-party service failures.

12. Indemnification

You agree to indemnify, defend, and hold harmless Starting11 Inc., its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses arising out of your violation of this Agreement or your use of the Platform.

13. Governing Law

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

13.2 Nigerian Labor and Sports Regulations

This Agreement and the Platform’s services are governed by Nigerian labour and sports regulations. Players and recruiters must comply with all applicable laws, including those regulating employment and the recruitment of minors.

13.3 International Labor Laws for Minors and Youth Employment

For Players under the age of 18, Starting11 will comply with all applicable labour laws concerning minors, including limitations on employment conditions, working hours, wages, and types of employment, and other relevant regulations, where applicable.

13.4 Immigration and Work Permits

Players and Recruiters are responsible for ensuring compliance with immigration and work permit requirements for international player transfers. Starting11 does not offer legal advice regarding immigration or work permits but may provide guidance on necessary documentation.

14. Dispute Resolution

15. Mitigation of Risks with Third-Party Organizations

15.1 Third-Party Conflicts

Players acknowledge that conflicts may arise with third-party organisations such as agents, grassroots clubs, or local governing bodies. In the event of such conflicts, Starting11 will act as a neutral party and will not be held liable for any disputes between the Player and these third-party organisations. Starting11 is not responsible for any disputes between Players and third-party organisations. Players must ensure they comply with any contracts or agreements they have with third parties, and Starting11 is not liable for any resulting conflicts. However, where third-party organisations are found to be violating the terms of this agreement, Starting11 reserves the right to suspend or delete the account of the third-party organisations.

15.2 Responsibility of Players

Players are responsible for ensuring that their participation on the Platform does not violate any agreements or contracts they may have with third-party organisations, including but not limited to agents or clubs.

16. Miscellaneous

16.1 Entire Agreement

This Agreement constitutes the entire agreement between you and us concerning your use of the Platform. Any prior agreements, whether written or oral, are superseded by this Agreement.

16.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Changes to this Agreement

We may update or modify this Agreement at any time. Any changes will be communicated via email or through a notification on the Platform. By continuing to use the Platform after such changes, you agree to be bound by the updated terms.

16.4 Force Majeure

Neither party shall be held liable for any delay or failure in performance of its obligations under this Agreement (except for payment obligations) if such delay or failure is due to an event or circumstances beyond the reasonable control of the party affected, including, but not limited to, natural disasters (such as earthquakes, floods, and storms), fire, acts of war, terrorism, labour strikes, governmental actions, pandemics, epidemics, system outages, technical failures, or any other event that could not have been reasonably foreseen or avoided ("Force Majeure Event").

In the event of a Force Majeure Event, the affected party shall promptly notify the other party in writing, describing the nature of the event and its expected duration. The affected party shall make reasonable efforts to resume performance as soon as possible and mitigate any damages caused by the Force Majeure Event. If the Force Majeure Event continues for a period exceeding [7] days, either party may terminate this Agreement by providing written notice to the other party without further liability, except for obligations accrued prior to the event.

Contact Information

For any questions or concerns regarding this Agreement, please contact us at:

STARTING11 INC.
Email: [email protected]
For issues relating to minors: [email protected]