General
Welcome to DerbyUp. The DerbyUp app ("DerbyUp", "the Operator", "we" or "us") enables you to use the app, the website, and the domain derbyup.bet and/or any other digital platform of the Operator (collectively: "the Platform"). "User" or "you" means any person or entity using the Platform, whether occasionally or regularly, directly or indirectly, including a registered user, an unregistered user, or a member of the public.
Please read these Terms of Use together with the Platform's Privacy Policy (available at derbyup.bet/privacy) carefully, as they limit and qualify your liabilities and ours. By accessing or using the Platform you confirm and agree that you are bound by these Terms of Use and by all the policies and rules contained therein.
1. The Platform and its Activity
DerbyUp is a social sports platform that enables users to make predictions and forecasts of sports match results using virtual points, to take part in social leagues and competitions, to create and manage leagues, to compete on leaderboards, to play trivia (quiz) games, to receive content, data, analyses, statistics and odds, and to receive assistance from an artificial-intelligence-based advisor ("the AI Advisor"), all subject to these Terms of Use and to the Operator's discretion.
Through the Platform you can, among other things: create an account, predict and forecast match results, place single predictions and accumulated predictions (Parlay), create and join leagues, track data in real time, accumulate virtual points following successful predictions, take part in quiz games, and invite friends using a referral code (Referral).
All activities, games, points-based predictions and forecasts, leagues and competitions are intended solely for entertainment, enjoyment and leisure.
They are not to be regarded as gambling for money, games of chance for money or money's worth, investment, financial advice, or gambling advice. The activity is conducted using virtual points only, which have no monetary value and cannot be purchased, transferred, converted, redeemed, or withdrawn - as detailed in Section 8.
The Operator may, at its sole discretion, change, add, remove, discontinue, or update from time to time the nature, scope and manner of the activity, the games and content, and the virtual points mechanism, without prior notice.
2. The Services and Content on the Platform
The services and content include a wide range of information, data and functions, including match data, odds, statistics, analyses, commentary, sports news, alerts, leagues, leaderboards, quiz games, an AI advisor and social functions, as well as the design, structure, technological infrastructure, databases, source code, user interface, name, trademarks and any other component (hereinafter: "the Content").
- The match data and odds are supplied by data providers, application programming interfaces (APIs) and third parties, and may be inaccurate, partial, delayed, or erroneous. The User must independently verify any data before relying on it.
- The AI Advisor is provided for information and entertainment purposes only; it is not to be regarded as advice, and its content may contain inaccuracies or errors.
The services and content are provided "As-Is" and "As-Available", without any representation. The Operator may, at its sole discretion and without prior notice, add, remove, update, cancel, or suspend the services or any part of them, including for reasons of maintenance, security, regulation, or upgrade.
3. User Account
In order to enjoy the services you will be required to create a user account. As part of this you will be required to provide details, including an email address, username and password. Registration and verification may be carried out via an external identity service (including Firebase Authentication). You may not create an account under a false name, in another person's name, or provide false details.
- You are responsible for maintaining the confidentiality of your login details.
- You may not transfer your account to another person.
- You are solely responsible for all activity carried out under your account, and you must notify the Operator immediately of any unauthorized use.
- You may delete your account at any time through the profile settings.
Use of DerbyUp is permitted for ages 18 and over only.
Use by a minor is conditional upon the consent of the minor's parents or legal guardian. If we become aware that a registered user is a minor, we will delete their account.
The Operator may, at its sole discretion, refuse to register a user, suspend or cancel an account, and deny access, without the need for justification.
4. User Rules; Rules for Use of the Platform
The User undertakes to use the Platform solely for lawful purposes. The User is prohibited from using the Platform for the purpose of conducting any unlawful activity, or for encouraging, assisting, publishing, soliciting, inciting, or carrying out any act or omission that constitutes an offense under any law, including under the Penal Law, 5737-1977, and in particular:
- Prohibited games, lotteries and gambling - conducting a "prohibited game", "lottery" or "gambling" as defined in Section 224 and contrary to Article XII of Chapter H of the Penal Law (Sections 224-235).
- Fraud and deceit - obtaining something by deceit, forgery, or impersonation as set out in Sections 414-441, including manipulation of results, of the points mechanism, or of the leaderboards.
- Computer offenses - unlawful access to computer material, disruption, or introduction of a virus, contrary to the Computers Law, 5755-1995 (including unlawful bots and scraping).
- Defamation - publishing defamation contrary to the Prohibition of Defamation Law, 5725-1965.
- Invasion of privacy - contrary to the Protection of Privacy Law, 5741-1981.
- Harassment, threats and extortion - under the Prevention of Harassment Law, 5762-2001, or Sections 192 and 428 of the Penal Law.
- Incitement, racism and obscenity - Sections 144A-144D2 (incitement and racism) and 214 (obscenity) of the Penal Law.
- Intellectual property - infringement of copyright or trademarks contrary to the Copyright Law, 5768-2007, and any law.
In addition, the User is prohibited from uploading or publishing content that infringes third-party rights, unlawful, offensive, threatening, vulgar or sexual content, content containing a virus or malicious code, or spam. Likewise prohibited is automated use that creates an unreasonable load or manipulates the points mechanism, results, leagues, or leaderboards.
Without derogating from any other right, the Operator may take any action in the event of a breach or suspected breach, including discontinuing activity, suspending, blocking or canceling an account (including blocking an IP address), revoking or resetting points accumulated unlawfully, and transferring information to the competent authorities - all without prior notice.
4.1 Absolute Prohibition on Using the Platform for Gambling - Immediate Closure
It is absolutely prohibited to use the Platform, the games, the leagues, the groups, or the virtual points as a means, a cover, or an infrastructure for conducting, organizing, managing, encouraging, or brokering gambling, lotteries, or prohibited games for money or money's worth - whether within the Platform or outside it (including coordination of payments, redemption of points, or transfer of money between users via external channels).
If it is found, or a reasonable suspicion arises, that a user, several users, a league, or a group of users are using the Platform for the purpose of gambling for money or money's worth - the Operator shall be entitled to block, suspend and close immediately, without any prior notice and without any compensation, the accounts of the users involved and the relevant league or group, to reset the virtual points accumulated, and to deny them any future access to the Platform.
The foregoing shall not derogate from the Operator's right to take any additional remedy under any law, including transferring information about the users involved and their activity to the competent enforcement authorities. Responsibility for any prohibited gambling activity shall lie entirely with the users involved.
Grounded in Section 224 and Article XII of Chapter H of the Penal Law, 5737-1977.
5. Information Published on the Platform
The Platform may publish various content, including data, statistics, odds, analyses, commentary, news, and AI-based content from the AI Advisor (collectively: "the Published Information"). The Published Information is intended solely to enrich, inform, entertain and interest the User.
- The Published Information does not constitute professional advice of any kind, including financial advice, investments, gambling advice, or prediction of results.
- Any reliance on the information, odds, data, analyses or forecasts is the User's sole responsibility.
- The AI Advisor's content is produced automatically and may contain inaccuracies, errors, or "hallucinations".
6. Intellectual Property
All intellectual property rights in the Platform (including the Content, the design, the name DerbyUp, the trademarks, the logo, the databases, the user interface, the source code and the graphics), whether registered or not, belong to the Operator and/or to third parties who have granted it a license.
The User is prohibited from copying, reproducing, distributing, selling, marketing, translating, reverse engineering, or extracting in any way information, content, source code, or any part of the Platform, without the Operator's prior written consent. Likewise prohibited is any commercial use and any use of the name DerbyUp, the trademarks, or the logo without written authorization.
7. User Content
The Platform may allow users to create, upload, publish, share, or submit content - including league names, league descriptions, usernames, invitations (referral codes), and messages for sharing (hereinafter: "User Content").
- The User bears full and sole responsibility for all User Content they created, and for any consequence arising from it, and declares that they hold full rights to it.
- The User Content is not unlawful, offensive, racist, pornographic, defamatory, invasive of privacy, or infringing of rights, and is not contrary to the Penal Law as detailed in Section 4.
- The User grants the Operator a free, irrevocable, worldwide and unlimited-in-time license to use the User Content for the purpose of operating the Platform, providing the services, and improving and promoting them.
The Operator may, but is not obligated to, monitor, review, edit, remove, or delete any User Content, at its sole discretion and without prior notice.
8. Virtual Points
Within the Platform, users may accumulate and use virtual points ("Points") following registration, successful predictions, participation in games, leagues, the quiz, referring friends, or any other activity.
The virtual points are a virtual value for use within the Platform only, and have no monetary value or money's worth outside the Platform.
The virtual points:
- cannot be purchased with real money or any other means of payment;
- cannot be transferred to another user, converted, redeemed, withdrawn, sold, traded, or exchanged for money or money's worth;
- do not constitute a currency, means of payment, asset, deposit, investment, financial asset, or "virtual currency" with economic value;
- do not confer any right to receive money, a monetary prize, money's worth, or any other economic consideration.
For the avoidance of doubt, the User has and will have no right, demand, or claim to receive money or money's worth in respect of the virtual points, even if they cease to use the Platform, are blocked, have their account canceled, or if the Platform's activity or the points mechanism is discontinued.
The Operator may, at its sole discretion and without prior notice, determine, change, update, or cancel from time to time the manner of accumulating points, their scope, the mechanism for using them, and their validity, and may also reset, reduce, or cancel points accumulated unlawfully, in breach of these terms, or through manipulation, fraud, or exploitation of a malfunction.
9. Limitation of Liability and Indemnity
Use of the Platform, the content, the services and the virtual points is at the User's full and sole responsibility. The Platform and the services are provided "As-Is" and "As-Available", without any representation or undertaking.
The Operator and/or anyone on its behalf shall not bear any liability, direct or indirect, for any damage, loss or expense (including loss of profits, loss of data, or harm to reputation) caused in connection with or as a result of:
- Use of the Platform, the content, the services and the virtual points, or the inability to use them;
- Reliance on information, data, odds, statistics, forecasts, or the AI Advisor's content;
- Malfunctions, disruptions, delays, outages, viruses, security failures, breaches, or failures of software, hardware, servers, communications and third-party services;
- Change, cancellation, suspension, blocking, or discontinuation of the Platform, the services, the points, or the user account;
- Activity or omission of other users or of third parties;
- Use of third-party services, linked sites, social networks, or streaming services.
Indemnity: The User undertakes to indemnify and compensate the Operator and/or anyone on its behalf for any damage, loss or expense (including attorney's fees and legal costs) caused in connection with: (a) breach of these Terms of Use; (b) unlawful use of the Platform; (c) infringement of third-party rights; (d) User Content they created or shared; (e) any other act or omission of the User in connection with the Platform.
10. Privacy Policy
We respect users' privacy and attach great importance to information security. The Privacy Policy (available at derbyup.bet/privacy) forms an integral part of these Terms of Use. The User confirms and agrees that the Operator will use the personal information in accordance with the Privacy Policy and the provisions of the Protection of Privacy Law, 5741-1981, and the regulations thereunder.
11. Changes to the Terms of Use
The Operator may, at its sole discretion, change, update, add to, or remove from these Terms of Use from time to time, without prior notice. The updated version of the terms will be published on the Platform and will bind the User from the moment of its publication. Continued use after publication will be deemed acceptance of the updated terms.
It is the User's responsibility to keep up to date with the Terms of Use from time to time. In the event of a conflict between the provisions of these Terms of Use and any other publication, the provisions of these Terms of Use shall prevail, unless expressly stated otherwise.
12. Governing Law and Jurisdiction; Miscellaneous
These Terms of Use and the use of the Platform shall be governed solely by the laws of the State of Israel. Exclusive jurisdiction shall be vested in the competent courts in the city of Tel Aviv-Yafo only.
- Should a competent court rule that any provision is void or unenforceable, this shall not affect the validity of the remaining provisions.
- Where the Operator has waived any of its rights in a particular case, this shall not be deemed a waiver of that right in other cases.
- The User may not assign their rights or obligations without the Operator's prior written consent. The Operator may assign its rights and obligations to any third party, without the need for the User's consent.
Contact Us
For any question, request, or inquiry regarding these Terms of Use or the Platform, you may contact us:
- kickoffsportsapp@gmail.com
- Via the inquiry form on the Help page in the app