Terms & Conditions

These terms (“Terms of Use”) govern the access and use of the Fantaracing® app (“Platform” or “App”), the Fantaracing website (www.fantaracing.com), and related services (“Services”) as better specified below. Fantaracing is provided by Fantaracing S.r.l. (VAT No. 13330000962), headquartered at Via Eliseo Vismara 78, Bollate 20021 - Milan (“Fantaracing” or the “Company”).

Whether the user (“User”) intends to use the Services offered or accesses the Platform incidentally, they are invited to review the Terms of Use.

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1. SCOPE OF APPLICATION

1.1 The User’s continued presence on the Platform, even due to incidental access, constitutes full acceptance of the provisions set forth herein.

1.2 Fantaracing reserves the right to modify or update these Terms of Use, in whole or in part, at any time by publishing the new version on the Platform. Such modifications will take effect only upon publication. Fantaracing recommends that the User regularly review the contents of the Terms of Use.

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2. PLATFORM AND ITS FUNCTIONING

2.1 Fantaracing® allows the User to access the following Services:

• Create a personal account valid for using the Fantaracing® platform (“Account”);
• Play the Fantaracing® game by registering in one of the leagues created through the dedicated App.

2.2 Fantaracing®: the app allows the User to create gaming groups (called “leagues”) in which they can participate and invite other users—freely or by invitation. Each league consists of multiple teams created by participating Users. To use the Fantaracing® App, the registration of an Account is required.

2.3 The use of the App's services is free in its standard version and does not require any contribution from Users. However, banner or interstitial advertisements may appear during navigation on the website or the App.

2.4 To use the App, the User must access the pages of online Stores (such as Play Store and App Store), download it, and install it on their device.

2.5 Regarding individual leagues within the Fantaracing® App, any agreements concerning their operation, participation requirements, and potential final prizes are at the sole discretion of the Users participating in them. Compliance with such agreements is entrusted to the league administrator, who is the only entity that can intervene to ensure fair play within the league. No claims or complaints may be raised against Fantaracing.

2.6 Since each league operates within the Fantaracing® App owned by Fantaracing S.r.l., in the event of any violation under Article 6 – User Obligations and Responsibilities, Fantaracing reserves the right to take any necessary action to protect its rights, including deleting the leagues where such violations occur and the accounts responsible for the violations.

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3. NAVIGATION

3.1 Navigation within the App and the Fantaracing® website is freely permitted to anyone.

3.2 When accessing and using the App’s Services—including viewing pages, sending communications, or making requests through the provided addresses or forms (collectively, “Content”)—the User must comply with applicable regulations as well as the rights of Fantaracing and third parties (e.g., Fantaracing’s commercial partners).

3.4 Fantaracing reserves the right to pursue any unauthorized use of the App and its Content.

3.5 Specifically, when accessing the Platform, the User must refrain from:

• Using software programs or other automatic or manual mechanisms to copy or access Platform pages or their Content (including scraping systems) without written authorization from Fantaracing or the third-party owner;
• Taking actions that could cause an unreasonable overload of the Platform’s technological infrastructure or Fantaracing’s IT systems;
• Copying, reproducing, altering, modifying, or distributing Content without express written authorization from Fantaracing or the intellectual property rights holder;
• Using mechanisms, software, or processes that could interfere with the proper functioning of the Platform;
• Circumventing tools designed to exclude automated search engine systems (robots) or other procedures adopted by Fantaracing to prevent or limit access to the Platform or its sections.

3.6 Barring force majeure as per Article 10, Fantaracing reminds the User that the App is provided “as is” and therefore:

• Its operation may be subject to interruptions or errors due to internet connection issues or malfunctions. In case of any issues while using the Platform, the User should contact their Internet Service Provider and ensure all Internet connection equipment—including the browser software—is fully operational.
• Fantaracing may modify, suspend, or discontinue some functions related to the Services for technical or organizational reasons.
• The Services may not meet the User’s expectations.

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4. ADDITIONAL INTERACTIONS REQUIRING USER DATA

4.1 During navigation in the App, upon filling out dedicated data collection forms, the User may interact with Fantaracing by accessing additional services (“Additional Services”), such as:

• Submitting job applications;
• Requesting information;
• Creating and using a Standard Account to access the Fantaracing.com website and the Fantaracing® App.

Fantaracing may introduce new Additional Services in the App over time. Users are encouraged to adhere to the terms specified in Section 4.2.

4.2 To use Additional Services, the User must:

• Fill out the relevant forms to provide personal data (e.g., email address, first and last name) necessary for proper Service execution;
• Review the privacy policy related to the requested Service;
• Grant or deny consent for additional data processing beyond what is necessary for Service execution.

4.3 Requests submitted by the User regarding profile registration or story publication on the Platform are not binding until Fantaracing confirms the requested Service via email.

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5. PROFILE REGISTRATION

5.1 To access the App’s features, the User must create a personal profile by selecting the “Continue with (Apple, Google, or email)” icon in the App and choosing a username. Before accessing the main screen (“Home”), the User will be asked to grant or deny consent for receiving push notifications and promotional material.

5.2 The email used for registration serves as the sole credential for profile access. As such, it is strictly personal, and the User is advised to keep it confidential.

If registering via a federated authentication service (such as Apple, Google, or similar), the registration implies acceptance of the policies and terms of use of the selected federated service, along with the sharing of limited information necessary for profile creation within the App. The User understands that the processing of personal data provided through the federated authentication service is subject to the provider’s privacy policy.

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6. USER OBLIGATIONS AND RESPONSIBILITIES

6.1 While navigating the App, the User guarantees that they will:

• Not attempt to bypass the Platform’s security measures or breach the network;
• Not use the Platform for unrelated purposes;
• Not engage in any illegal activities in connection with the Platform and its Services;
• Provide truthful, accurate, and complete information when required;
• Submit only original content that does not infringe on third-party rights (including intellectual property, image rights, and personal data) and is not unlawful or contrary to public morals.

6.2 If the User violates these obligations, they will be solely responsible for any claims—including damage compensation—made by third parties regarding rights violations.

6.3 Furthermore, the User agrees to indemnify and hold harmless Fantaracing (i) from any civil or criminal liability arising from the unauthorized or improper use of the Platform and its Content, and (ii) from any resulting damage, liability, or harm suffered.

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7. PERSONAL DATA

7.1 Fantaracing will process User’s data in full compliance with applicable laws, as indicated in the general privacy policy for navigation and the specific policies related to the various Additional Services.

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8. INTELLECTUAL PROPERTY

8.1 The trademark "Fantaracing®" (in all its graphic forms and variations), the company name "Fantaracing" and its related trademark, the Fantaracing® platform, the domain name www.fantaracing.com (and all additional URLs redirecting Users to this domain), the respective website and the App of the same name, as well as their respective graphic layouts, texts, cartoons, and, more generally, the Content, are owned by or licensed to Fantaracing and are protected by national and international laws on property rights and other intellectual and industrial property laws ("Intellectual Property").

8.2 The publication, distribution, display, modification, creation of derivative works, and manipulation of the Content or Intellectual Property, in any form, are strictly prohibited without written authorization from Fantaracing or the third-party owner.

8.3 Subject to the above, for personal and non-commercial purposes only, the User may solely view the content of the Fantaracing® App on a tablet or smartphone and store a copy - in paper form or electronically on a disk (but not on a server or a network-connected storage device) - exclusively to support the use of the App itself (and its gaming functionalities). In such cases, the User must always:

• Indicate or acknowledge the relevant copyright and industrial property rights.
• Exercise the utmost diligence to ensure that no other programs installed and used on their devices retrieve and exploit the Content or, more generally, the Intellectual Property without written authorization from Fantaracing or the third-party owner.

8.4 Texts and images owned by third parties, used by Fantaracing under a license or authorization from the respective owners (as indicated), remain the exclusive property of their respective owners. Users are therefore invited to contact these third parties directly if they wish to use such materials.

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9. VIOLATION OF GENERAL TERMS

9.1 If a User engages in conduct that does not comply with these Terms of Use or otherwise violates them (e.g., sending threats or insults to other Users or Fantaracing staff), Fantaracing will take all necessary measures, including legal action, to promptly eliminate such behavior.

9.2 By way of example, the Company may: terminate any relationship with the User; limit, suspend, or terminate access to the Services; prohibit access to the Platform; delay access or delete saved content; take technical and legal measures to prevent access to the Platform; delete unconfirmed profiles or accounts inactive for a long time.

9.3 By accepting these Terms of Use, the User agrees to indemnify and hold harmless Fantaracing, as well as its employees, executives, and agents, from any claims or compensation requests made by third parties arising from the violation of any of these Terms of Use, legal obligations, or third-party rights.

9.4 In any case, the Company reserves the right to report unlawful conduct to the competent Police Authorities and to seek compensation for any damages, whether economic or otherwise, suffered as a result.

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10. FORCE MAJEURE

10.1 Fantaracing shall not be held responsible for any malfunction of the Platform or any related service disruptions caused by events beyond its reasonable control, which could not have been reasonably foreseen or whose effects could not have been reasonably avoided (including, but not limited to: wars, invasions, riots, acts of terrorism, sabotage; acts of authority, legislative changes; epidemics, natural disasters, or extreme natural events; fires, prolonged suspension of telecommunications or energy supply services; social conflicts such as boycotts, strikes, and lockouts) ("Force Majeure").

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11. FINAL PROVISIONS

11.1 These Terms of Use constitute the entire agreement between Users and Fantaracing regarding the use of the Platform.

11.2 Any derogation from these General Terms must be formalized through a written document signed by both the User and Fantaracing.

11.3 If any clause is found to be null or ineffective, such nullity or ineffectiveness shall not extend to the remaining contractual clauses.

11.4 Unless otherwise specified and communicated, all legal and contractual communications shall be sent to Fantaracing's registered office as indicated above.

11.5 Failure to exercise a right by Fantaracing shall not constitute a waiver of taking action for the violation of any commitment undertaken.

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12. APPLICABLE LAW AND JURISDICTION

12.1 The law applicable to these Terms of Use, as well as to all legal relationships between Users and Fantaracing concerning the Platform, is Italian law, expressly excluding private international law rules related to conflicts of laws.

12.2 If the User acts as a consumer, by Legislative Decree No. 206 of September 6, 2005, Articles 66 and following, Fantaracing reminds that:

• Any dispute related to the application, execution, or interpretation of these General Terms shall fall under the jurisdiction of the court of the place where the User resides or has elected domicile, if within Italian territory.
• Any dispute directly or indirectly related to the conclusion, execution, interpretation, and termination of contractual relationships arising from the use of the services offered by the Platform that cannot be resolved amicably may be referred to alternative dispute resolution (ADR) bodies.

For this purpose, the User may also access the dispute resolution services made available by the European Union via the online platform http://ec.europa.eu/odr.