Effective date: May 4, 2026 - Version 3.0

433 Horizon B.V., Johan Huizingalaan 763A, 1066 VH Amsterdam, the Netherlands (“433 Horizon”, “we”, “us”, “our”) is a Dutch company that positions itself as The Home of Football, bringing together the biggest football community in the world. Born out of a passion for the beautiful game, 433 Horizon aims to positively impact the world through football. To maximise the value created for our community, 433 Horizon has developed a mobile application (the “433 App”).

The 433 App is digitally offered to users 13 years of age and older. Use of the 433 App is subject to these Terms & Conditions and to our Privacy Policy, which forms an integral part of these terms. By downloading, registering for or using the 433 App you accept these Terms & Conditions and acknowledge our Privacy Policy.

Deviations from these Terms & Conditions are only valid by means of written confirmation from 433 Horizon B.V.

Contact: support@by433.com.

Article 1. Use of the 433 App

1.1.       The 433 App is intended for users who are 13 years of age or older. Children under 13 are not permitted to register for or use the 433 App. Users between 13 and 15 years of age (inclusive) require the consent of a parent or legal guardian to download, register for and use the 433 App, in line with Article 8 GDPR. To enable us to verify these requirements, we will ask you to provide your date of birth during registration.

1.2.       To use specific features of the 433 App you need to register an account. You may register using an email address or, where offered, by signing in with Google, Apple or Facebook. Use of a social sign-in is governed by the relevant provider’s terms in addition to these Terms & Conditions; the personal data we receive in that case is described in our Privacy Policy.

1.3.      After successful downloading and/or registration you are granted a personal, non-exclusive, non-transferable right to use the 433 App in accordance with these Terms & Conditions.

1.4.      You must keep your account credentials (username, password and any social sign-in credentials) confidential and must protect access to your account against third parties. 433 Horizon may assume that all actions undertaken from your account after a successful login are authorised by you and you are liable for those actions, unless and until you have notified 433 Horizon that someone else knows or is using your credentials. Notification can be made to support@by433.com.

1.5.       The 433 App processes your personal data and data about your device. The categories of personal data we process, the legal bases on which we rely and the third-party processors we use (including Airship, Branch, Segment, UXCam and Google Ad Manager) are set out in our Privacy Policy. You can manage your consent preferences at any time through the in-app privacy settings, which are powered by our Consent Management Platform (OneTrust).

Article 2. Terms of use

2.1.       It is not permitted to use the 433 App for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) storing or transmitting content that is unlawful, defamatory, libellous, racist, harassing or otherwise harmful to others.

2.2.      It is not permitted to: (a) decompile or reverse engineer the source code of the 433 App, except to the extent permitted by mandatory law; (b) supply copies of the 433 App to third parties; (c) sublicense the 433 App or make it available to third parties, whether by rental, Software-as-a-Service constructs or otherwise; or (d) modify the 433 App, except to the extent permitted by mandatory law.

2.3.      It is not permitted to attempt to gain unauthorised access to the 433 App, the accounts of other users or to the systems or networks connected to the 433 App, nor to use the 433 App to upload viruses, malware or other harmful code, or to interfere with the security or integrity of the service.

2.4.      If 433 Horizon discovers that you violate any of the above, or receives a complaint alleging the same, 433 Horizon may intervene to end the violation. Such measures may include, depending on the nature and severity of the violation, issuing a warning, removing content, suspending or terminating your account.

2.5.      If, in the opinion of 433 Horizon, the continued functioning of the computer systems or network of 433 Horizon or third parties is actually or potentially damaged or jeopardised (for example through excessive transmission of email or other data, leaks of personal data, security incidents or virus activity) 433 Horizon may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.

2.6.      In the event of a personal data breach affecting your personal data, 433 Horizon will act in accordance with its obligations under Article 33 GDPR, including notification to the Dutch Data Protection Authority within 72 hours where required and will inform you in line with the Privacy Policy where the breach is likely to result in a high risk to your rights and freedoms.

2.7.      Without prejudice to its other rights, 433 Horizon is at all times entitled to file a criminal complaint for any offences committed through or using the 433 App.

2.8.      You shall indemnify and hold 433 Horizon harmless against all third-party claims arising out of or in connection with your violation of these Terms & Conditions and 433 Horizon may recover from you any damages it suffers as a result of such violation.

Article 3. Availability and maintenance

3.1.      433 Horizon uses its best efforts to keep the 433 App available at all times but makes no guarantees of uninterrupted availability.

3.2.      433 Horizon actively maintains the 433 App. Maintenance may take place at any time, even where this may negatively impact the availability of the service. Maintenance will be announced in advance whenever possible and appropriate.

3.3.      433 Horizon may from time to time adapt the 433 App, including its features, content and integrations with third-party processors. Your feedback and suggestions are welcome, but 433 Horizon ultimately decides which adaptations to carry out (or not).

Article 4. Intellectual property

4.1.      The 433 App, the accompanying software and all information and content made available through it (other than User Content as defined in Article 4.2) are the intellectual property of 433 Horizon or its licensors. None of these items may be copied or used without the prior written permission of 433 Horizon, except and to the extent permitted by mandatory law.

4.2.      Any information or content that you submit, store or process through the 433 App (“User Content”) is and remains your property (or the property of your suppliers or licensors). 433 Horizon receives a limited, royalty-free licence to use this User Content as necessary to operate, provide and improve the 433 App, including for future versions thereof. You may end this licence by removing the relevant User Content and/or by terminating this agreement; processing of any related personal data will then be handled in accordance with the Privacy Policy.

Article 5. Compensation for the service and advertising

5.1.       In order to offer you the 433 App for free, 433 Horizon presents advertisements from its sponsors and advertising partners in the 433 App. Where you have given consent for personalised advertising (consent category C0004 “Targeting” in our Consent Management Platform), advertisements may be tailored to your interests through, among others, Google Ad Manager. Where you have not given such consent, only contextual advertisements are shown and no personal data is used to target ads to you.

5.2.      The 433 App is currently offered free of charge. Should 433 Horizon introduce paid features or a paid version of the 433 App in the future, those features will be subject to a separate, clearly disclosed agreement and consumers will benefit from the statutory 14-day right of withdrawal under Article 6:230o of the Dutch Civil Code (subject to the digital-content exceptions provided by law).

5.3.      Further information about our use of advertising, tracking technologies and the third parties involved (including Airship, Branch, Segment, UXCam and Google Ad Manager) is set out in our Privacy Policy.

Article 6. Liability

6.1.       Subject to the remainder of this Article 6, 433 Horizon’s liability for damages arising from or in connection with the 433 App or these Terms & Conditions is limited to damage caused by a breach of an essential contractual obligation and in such cases is further limited to the typically foreseeable damage at the time these Terms & Conditions were accepted. An “essential contractual obligation” is one whose fulfilment is necessary for the proper performance of these Terms & Conditions and on which you may reasonably rely.

6.2.      433 Horizon is not liable for damages caused by a slightly negligent breach of a non-essential contractual obligation.

6.3.      The limitations in Articles 6.1 and 6.2 do not apply and 433 Horizon’s liability is not limited or excluded, in cases of: (a) intentional misconduct or gross negligence on the part of 433 Horizon or its agents; (b) damage resulting from death, personal injury or harm to health; (c) any liability that cannot be limited or excluded under mandatory applicable law, including liability under the Dutch Product Liability Act (Boek 6, Titel 3, Afdeling 3 BW) and any liability under applicable data protection law (including Article 82 GDPR); and (d) fraudulent concealment of a defect or any guarantee expressly given by 433 Horizon as to the functionality of the 433 App.

6.4.      433 Horizon shall in no event be liable for indirect damages, consequential damages, lost profits, missed savings, loss of data or damages resulting from business interruption, except where excluding such liability is not permitted under Articles 6.3(a) to (d).

6.5.      Damages may only be claimed if reported in writing to 433 Horizon (including by email to support@by433.com) within two months after their discovery, without prejudice to any longer statutory limitation period that applies under mandatory law.

6.6.      In case of force majeure, 433 Horizon shall not be required to compensate damages suffered by you. Force majeure includes, among others, disruptions or unavailability of the internet or telecommunications infrastructure, power interruptions, cyber-attacks, denial-of-service attacks, riots, traffic congestion, strikes, company disruptions, interruptions in supply, fires and floods.

6.7.      Nothing in these Terms & Conditions limits or excludes any mandatory consumer rights you have under the law of your country of habitual residence.

Article 7. Term and termination

7.1.       This agreement enters into force as soon as you first use the 433 App and remains in force until terminated. You may terminate this agreement at any time with immediate effect by deleting your 433 App account from within the App and deleting the 433 App from your device.

7.2.      Please note that simply deleting the 433 App from your device does not delete your account or your personal data. To have your account and the personal data associated with it deleted, you must either delete your account from within the App or send a deletion request to support@by433.com.

7.3.      433 Horizon B.V. is entitled to terminate this agreement if you have not used the 433 App at all in the previous 18 months. In such an event, 433 Horizon shall first send a reminder email to the email address connected to your account.

7.4.      433 Horizon may also suspend or terminate your account with immediate effect in case of a material breach of these Terms & Conditions or where required by law.

7.5.      Upon termination of this agreement, your personal data will be handled in accordance with the retention rules set out in our Privacy Policy. You may exercise your data subject rights – including access, rectification, erasure, restriction, objection and data portability – by contacting us at support@by433.com, as further described in the Privacy Policy.

Article 8. Changes to these Terms & Conditions

8.1.       433 Horizon may amend or supplement these Terms & Conditions at any time.

8.2.      433 Horizon shall announce material changes or additions through the 433 App at least thirty (30) days before they take effect.

8.3.      If you do not wish to accept a change or addition, you may terminate this agreement before the date on which the change takes effect. Continued use of the 433 App after that date constitutes your acceptance of the amended Terms & Conditions.

8.4.      Where a change relates to the processing of your personal data, you will additionally be informed in accordance with the Privacy Policy and, where required by law, asked to provide renewed consent through our Consent Management Platform (OneTrust).

Article 9. Governing law and dispute resolution

9.1.       These Terms & Conditions are governed by Dutch law, except where mandatory consumer protection rules of the country in which the consumer has their habitual residence are more favourable to the consumer, in which case those rules apply (in line with Article 6 of the Rome I Regulation).

9.2.      Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with the 433 App shall be brought before the competent Dutch court for the principal place of business of 433 Horizon. Nothing in this clause limits any mandatory consumer rights you may have to bring proceedings in the courts of the country where you reside.

9.3.      In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform, which can be accessed at https://ec.europa.eu/consumers/odr. 433 Horizon is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Article 10. Miscellaneous provisions

10.1.     Where these Terms & Conditions require a statement to be made “in writing” to be legally valid, a statement by email or via the 433 App shall be sufficient, provided that the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised.

10.2.     The version of any communication or information as recorded by 433 Horizon shall be deemed authentic, unless you provide proof to the contrary.

10.3.    If any part of these Terms & Conditions is declared legally invalid, this shall not affect the validity of the remainder of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate, within the limits of the law, the original intent of the invalid provision(s).

10.4.    433 Horizon B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the 433 App or the associated business activities. Any such transfer will not adversely affect your rights under applicable data protection law.

10.5.    For any questions about these Terms & Conditions, please contact us at support@by433.com.