Terms of Service

{"content_md":"# Boadman — Terms of Service\n\nVersion: v2 (placeholder)\nEffective from: [TO BE FILLED ON LAUNCH]\nLast reviewed: May 2026\nStatus: ⚠️ PLACEHOLDER — drafted by the engineering team based on the SP4 compliance posture and tos-privacy-policy-requirements.md. Subject to legal counsel review and rewrite before live deployment. Treat the wording as a working specification, not a binding consumer-facing document.\nv2 change summary: Adds §13 (Brand accounts and brand-hosted tournaments) for the SP6 brand-as-host feature. All §13 sub-sections are marked [DRAFT — pending legal counsel review] and are NOT binding until counsel sign-off.\n\n---\n\n## 1. About these Terms\n\nThese Terms of Service ("Terms") govern your use of the Boadman platform — websites, apps, and APIs operated by [TBC: UK Ltd. operating entity] ("Boadman", "we", "us", "our").\n\nBy creating an account or using the platform you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the platform.\n\n---\n\n## 2. Eligibility\n\nYou may use Boadman only if all of the following are true:\n\n- You are at least 18 years old (we verify your date of birth at signup and at identity verification)\n- You reside in a country where Boadman operates (we maintain a country allowlist consistent with FATF guidance; some countries are unavailable due to financial sanctions or regulatory restrictions)\n- You are not a sanctioned individual or entity, nor on any government watchlist we screen against (OFAC, UK HMT, UN, PEP)\n- You can lawfully enter into a binding contract under the law of England and Wales\n\nWe reserve the right to refuse service, suspend, or close accounts that do not meet these criteria.\n\n---\n\n## 3. Your account\n\n### 3.1 Creating and using your account\n\n- One account per person\n- Provide accurate information during signup; keep it up to date\n- You are responsible for keeping your password secure\n- Notify us immediately if you believe your account is compromised\n- We may verify your identity at any point as required by UK Money Laundering Regulations 2017\n\n### 3.2 Identity verification (KYC)\n\nWe operate a tiered identity verification model:\n\n| Level | When required | What we ask for |\n|---|---|---|\n| 0 — Account creation | Always | Email, phone (SMS-verified), date of birth, country |\n| 1 — Higher financial activity | First withdrawal OR cumulative deposits over £200/30 days | Government ID + selfie + liveness check via our verification provider Didit |\n| 2 — High volume | Single withdrawal over £2,000 OR cumulative withdrawals over £5,000/12 months | Proof of address + source-of-wealth questionnaire |\n\nYou cannot withdraw funds from Boadman without completing at least Level 1 KYC. This is a regulatory requirement; we cannot waive it.\n\n### 3.3 Closing your account\n\nYou can close your account at any time by emailing privacy@boadman.com or via the Settings page.\n\nWhen you close your account:\n- Your personal data is anonymised in line with the Privacy Policy\n- Financial records are retained for 5 years per UK MLR 2017 §40\n- Any pending withdrawals are processed if compliance allows; if not, we will return funds to your verified payout method\n\n---\n\n## 4. The Boadman coin economy\n\n### 4.1 What coins are\n\nCoins are an in-platform balance unit used for tournament entry, challenge stakes, prize pool participation, and in-platform purchases.\n\n### 4.2 Important disclosures\n\n- Coins are not legal tender. They have no value outside the Boadman platform except via the redemption flow described below.\n- No interest is paid on coin balances.\n- Coins are denominated in GBP. 1 coin = £0.10 (10 pence).\n\n### 4.3 Currency disclosure for non-GBP users (e.g. Nigerian users)\n\nIf you deposit in a non-GBP currency (currently NGN via Paystack), be aware that:\n\n- Coin balances remain GBP-anchored regardless of your local currency.\n- The local-currency value of your coin balance fluctuates with exchange rates. A user who deposited ₦20,000 = 100 coins (= £10) when the exchange rate was 1 GBP = 2,000 NGN may find that the same 100 coins later equate to ₦19,500 OR ₦20,500 depending on FX movement.\n- Withdrawal value is calculated at the FX rate at the time of withdrawal, not at the time of deposit. We do not lock in an FX rate at deposit time.\n- We apply a 2% FX volatility buffer at deposit time to absorb intraday rate movement during the settlement window. This buffer is disclosed to you at deposit checkout.\n\n### 4.4 Buying coins\n\nYou can buy coins via UK card (Stripe) or Nigerian card (Paystack), depending on your country of residence. Card payments are subject to our payment processors' terms and 3D Secure authentication where required.\n\nYou agree that:\n\n- The name on the payment card you use must match your declared legal name on Boadman. If they don't match (we use fuzzy-match scoring), the deposit may be blocked or flagged for review.\n- You authorise us to perform anti-fraud checks, including comparing your card details to your account details and to our fraud-detection rules.\n- You waive your statutory 14-day cooling-off period under the Consumer Contracts Regulations 2013 once coins are credited to your account ("digital content delivered" exception). This waiver is presented at checkout.\n\n### 4.5 Withdrawing coins (redeeming for GBP / NGN / other)\n\nYou can redeem coins back to a verified payout method (bank account or original payment card, where supported).\n\n- Minimum withdrawal: 100 coins (£10)\n- Withdrawal fee: max(£2, £1 + 3% × amount)\n- Closed-loop: redemptions can only go to a payout method we have verified belongs to you. We do not allow withdrawals to third-party accounts.\n- Processing time: typically same-day for verified UK bank accounts via Stripe; 1–3 business days for Nigerian bank accounts via Paystack. Times may vary based on AML review.\n- AML hold: large or unusual withdrawals may be held while we conduct compliance review per MLR 2017 obligations.\n\n---\n\n## 5. Competitions, challenges, tournaments\n\n### 5.1 Game catalogue\n\nBoadman supports skill-based competitive video games. We curate the game list to titles where skill is the predominant factor in match outcomes. We do not host casino-style games of chance.\n\n### 5.2 Match results and evidence\n\n- Match outcomes are determined by player skill, not chance.\n- Both players are required to submit evidence of the result (screenshot, video, in-game proof). The platform may auto-resolve when both submissions agree.\n- Disputed results are reviewed by Boadman administrators using submitted evidence and platform metadata.\n- We may at our discretion request additional evidence, replay the match, void the match (returning stakes), or refer the matter for further investigation.\n\n### 5.3 Tournament structures\n\nBoadman supports several competition formats:\n\n| Format | Description |\n|---|---|\n| 1v1 challenge | Two players each stake an equal amount; winner takes the pot less commission |\n| Player-funded tournament | Multiple players pay an entry fee; pot is sum of fees; winners receive prize distribution per published rules |\n| Sponsor-funded tournament | Brands or organisers fund the prize pool; players join for a small entry fee or free; winners receive prize distribution from sponsor pool |\n\n### 5.4 Commissions and fees\n\n- Challenge / tournament commission: 5% of the prize pool, deducted at distribution\n- Withdrawal fee: max(£2, £1 + 3% × amount)\n- No deposit fee on first £200 cumulative; small fee or FX buffer above\n- All fees are clearly disclosed at the relevant point of action\n\nWe may vary commission and fee rates with advance notice. New rates apply only to competitions opened after the change takes effect.\n\n### 5.5 Cancellation, no-show, and dispute fees\n\n- Pre-acceptance cancellation: full refund\n- Post-acceptance cancellation: a small cancellation handling fee may apply\n- No-evidence match: if neither player submits evidence within the deadline, both stakes are returned minus a small abandoned-match fee\n- Frivolous dispute: a dispute that admin determines was raised without basis may incur a fee taken from the disputing player\n\n### 5.6 Cheating, collusion, and fair play\n\n- Cheating (using third-party tools to manipulate gameplay) is strictly prohibited and grounds for permanent ban + forfeiture of relevant winnings\n- Collusion (agreeing with another player to manipulate match outcomes for prize-pool transfer purposes) is strictly prohibited; we use multiple detection mechanisms including IP / device fingerprinting and statistical match analysis\n- Multiple accounts per person are prohibited\n- Match-fixing is prohibited and may result in legal action in addition to platform sanctions\n\nIf you suspect cheating, collusion, or match-fixing by another user, please report it to support@boadman.com.\n\n---\n\n## 6. Acceptable use\n\nYou agree NOT to:\n\n- Use the platform for any unlawful purpose\n- Attempt to circumvent our compliance or fraud-detection systems\n- Provide false information during registration or KYC\n- Use automated systems (bots, scrapers) without our written consent\n- Harass, threaten, or abuse other users\n- Upload content that is offensive, defamatory, or violates third-party rights\n- Attempt to access another user's account or our administrative systems\n- Reverse-engineer, decompile, or otherwise interfere with our software\n- Resell or redistribute platform content without permission\n- Engage in money-laundering, sanctions evasion, or any other financial crime\n\nWe may suspend or close accounts that breach these rules. We may also report suspected criminal activity to relevant authorities.\n\n---\n\n## 7. Suspension and account closure by us\n\nWe may suspend or close your account if:\n\n- You breach these Terms\n- We suspect fraudulent, criminal, or money-laundering activity\n- A regulatory or sanctions authority requires us to\n- You provide false KYC information\n- The account has been inactive for 3 years (we will warn you before anonymisation)\n\nWhen we suspend or close an account:\n\n- We will tell you, except where the law (e.g. POCA 2002 §333A "tipping-off" rule) prohibits us from doing so\n- Your existing balance is yours; we will return it via your verified payout method, subject to any compliance hold\n- Closed accounts cannot be reopened; if your account was closed in error, contact support@boadman.com to dispute\n\n---\n\n## 8. Liability\n\nTo the maximum extent permitted by law:\n\n- Boadman provides the platform "as is". We do not guarantee uninterrupted or error-free service.\n- We are not liable for losses caused by network issues, equipment failures, or third-party services (game publishers, payment processors, internet service providers).\n- We are not liable for the outcome of any individual match or tournament, except where a result was determined by our error.\n- Our maximum liability for any claim arising from your use of the platform is limited to the lesser of (a) the amount you have paid us in the 12 months preceding the claim, or (b) £500.\n- Nothing in these Terms limits liability for fraud, gross negligence, or anything that cannot lawfully be excluded under English law.\n\n---\n\n## 9. Intellectual property\n\n- We own all rights in the Boadman platform, brand, software, and content (other than user-generated content).\n- You retain ownership of content you upload (such as match evidence). By uploading, you grant us a worldwide, royalty-free licence to host, display, and use that content for operating the platform.\n- We may use anonymised, aggregated data about platform activity for analytics, product improvement, and AI model training (e.g. AI Match Verification engine) without further notice.\n\n---\n\n## 10. Disputes\n\n### 10.1 Internal escalation\n\nIf you have a complaint, please first contact us at support@boadman.com. We aim to respond within 5 business days. If we cannot resolve your complaint, you can escalate to compliance@boadman.com.\n\n### 10.2 External dispute resolution\n\nYou may also use the UK Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr (where applicable to your jurisdiction).\n\n### 10.3 Governing law and jurisdiction\n\nThese Terms and any dispute arising from them are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction (subject to your statutory consumer protection rights in your country of residence).\n\n---\n\n## 11. Changes to these Terms\n\nWhen we update these Terms, we will:\n\n- Post the new version at https://boadman.com/legal/tos\n- Notify you by email of material changes\n- Require you to accept the new version at next login if changes are substantial\n\nIf you do not accept revised Terms you may close your account; the new Terms apply from the effective date for users who continue to use the platform.\n\n---\n\n## 12. Contact\n\n| Purpose | Contact |\n|---|---|\n| General support | support@boadman.com |\n| Privacy / data | privacy@boadman.com |\n| Compliance / AML | compliance@boadman.com |\n| Legal | legal@boadman.com |\n| Safety / harassment | safety@boadman.com |\n| Brand / organiser onboarding | brands@boadman.com |\n| Postal | [TBC — registered company address] |\n\n---\n\n## 13. Brand accounts and brand-hosted tournaments\n\n> [DRAFT — pending legal counsel review] This entire section is an\n> engineering-drafted working specification for the SP6 brand-as-host feature.\n> It is not binding and must not be presented to brands as final terms\n> until legal counsel has reviewed and rewritten it. The B2B brand relationship\n> may ultimately be governed by a separate B2B agreement rather than these\n> consumer Terms (see Notes for legal counsel review, below).\n\n### 13.1 Brand accounts and KYB (DRAFT — pending legal counsel review)\n\n- A brand account represents a business entity (a company, not a natural\n person) that wishes to host tournaments or sponsor competitions on Boadman.\n- Brand accounts are created by application and are subject to Know Your\n Business (KYB) verification before approval, including: company\n registration verification (e.g. Companies House for UK entities or the\n equivalent national registry), business registration number and country,\n registered office address, and a verified business email.\n- A brand account is not approved and cannot host or transact until\n Boadman has completed KYB and sanctions screening of the entity. Boadman may\n decline, suspend, or reject a brand at its discretion where verification\n fails, where sanctions/adverse-media signals arise, or where fraud is\n confirmed.\n- Brands are re-screened periodically against sanctions and watchlists for\n as long as the account is active; a confirmed match results in immediate\n suspension and may result in termination.\n\n### 13.2 Brand managers and authorization (DRAFT — pending legal counsel review)\n\n- A brand account is operated by one or more brand managers — natural\n persons who have themselves completed individual identity verification.\n- The person who submits the brand application becomes the initial owner\n manager and warrants that they are authorized to bind the brand entity\n and to accept these Terms on the entity's behalf.\n- The brand entity is responsible for all actions taken by any of its managers.\n Adding or removing managers does not release the brand from obligations\n incurred while a manager was authorized.\n- Boadman may require re-confirmation of manager authority at any time.\n\n### 13.3 Brand-hosted tournament responsibilities (DRAFT — pending legal counsel review)\n\n- A brand hosting a tournament is the organiser of that tournament and is\n responsible for: setting fair and lawful rules, defining the prize pool,\n running the event in good faith, and adjudicating results within the platform\n tools provided.\n- The brand must fund the advertised prize pool. Prize funds are committed\n to escrow / a platform-held balance before the tournament opens for entry.\n The brand may not advertise a prize it has not funded.\n- A host fee and a platform commission apply to brand-hosted tournaments on the\n same model as player-hosted tournaments (see §4 and the fees schedule);\n brand-specific rates may be set out in a separate brand fees schedule.\n- Prize payouts to winners are subject to the same hold/dispute window applied\n to player-hosted tournaments (currently a 48-hour hold during which complaints\n may be raised before funds become withdrawable).\n\n### 13.4 Brand cancellation and abandonment penalties (DRAFT — pending legal counsel review)\n\n- If a brand cancels a tournament after entries have opened, or\n abandons it (fails to run or adjudicate it within the required window),\n participants receive a full refund of entry fees, and:\n - the brand's host fee is forfeited to the platform as compensation for\n operational cleanup;\n - repeated cancellation/abandonment counts toward a strike record that may\n lead to temporary or permanent suspension of the brand's hosting\n privileges;\n - Boadman may additionally recover reasonable costs caused by the\n cancellation.\n- Cancellation penalties for brands mirror, and may exceed, those applied to\n player hosts, because brand-hosted events are typically larger-stakes.\n\n### 13.5 Entry gating, task verification, and consent (DRAFT — pending legal counsel review)\n\n- A brand-hosted tournament may be entry-gated: entry may require an\n application, or completion and verification of specified tasks.\n- Where entry gating is used, the participant expressly consents to Boadman\n and the hosting brand collecting and processing the application data and/or\n task-verification evidence for the purpose of administering that\n tournament. Participants are told what is collected before they submit.\n- Application and task-verification data is retained only as long as\n necessary for tournament administration, dispute resolution, and applicable\n regulatory record-keeping, after which it is deleted or anonymised in line\n with the Privacy Policy and our record-retention schedule.\n- A participant may withdraw a pending application; withdrawal may make them\n ineligible to enter that tournament.\n\n### 13.6 Brand ↔ player data sharing (DRAFT — pending legal counsel review)\n\n- In application or task entry modes, limited participant data\n necessary for the brand to assess the application or verify tasks (for\n example, the in-platform handle and the submitted application/task evidence)\n may be shared with the hosting brand. The participant is informed of, and\n consents to, this sharing at the point of entry.\n- The hosting brand acts as an independent controller of any participant\n data it receives for its own purposes and must use it only to administer\n that tournament unless the participant has separately consented to other use.\n- Boadman does not share participant identity-verification (KYC) documents,\n payment instruments, or financial records with brands.\n\n### 13.7 AML / enhanced due diligence for brand transactions (DRAFT — pending legal counsel review)\n\n- Brand transactions are monitored for anti-money-laundering (AML) purposes on\n the same basis as player transactions.\n- Where a brand's cumulative transaction value crosses the enhanced due\n diligence (EDD) threshold (currently £15,000 over a rolling window), the\n brand's wallet activity is paused and further source-of-funds / source-of-\n wealth evidence and risk reassessment are required before activity resumes.\n- Boadman may suspend brand activity, decline transactions, or report to the\n relevant authority where AML obligations require it, and may be prohibited by\n law from disclosing the reason ("tipping-off"-safe handling under POCA 2002).\n\n---\n\n## ⚠️ Notes for legal counsel review\n\nThe following items require legal counsel review and may need amendment:\n\n- Confirm that the digital-content cooling-off waiver in §4.4 is enforceable in the form drafted (Consumer Contracts Regulations 2013, reg. 36)\n- Confirm liability cap in §8 is enforceable under Unfair Contract Terms Act 1977 + CRA 2015 Schedule 2 (avoid being labelled an "unfair term")\n- Decide between simple judicial dispute resolution (English courts) and adding ADR/arbitration clauses (consumer-friendly)\n- Confirm the "as is" service language in §8 is consistent with CRA 2015 statutory rights for digital content (these can't be excluded; we can only acknowledge them)\n- Confirm the "we own everything" IP language in §9 doesn't accidentally claim ownership of user-uploaded content (revise the licence wording if needed — a non-exclusive licence is preferred)\n- Pricing-tier disclosure requirements: if we eventually adopt tiered commissions or volume-discount deposit pricing, those may need to be explicit in the Terms or in a fees schedule referenced from these Terms\n- Game-specific rules (e.g. Call of Duty community rules) — clarify whether they form part of these Terms or sit as a separate document referenced from here\n- Sponsor / organiser B2B agreement — when we ship the matcherino-style B2B product, those B2B customers will need their own agreement, separate from these consumer Terms\n- Consumer rights under different jurisdictions: confirm the jurisdiction clause in §10.3 doesn't override mandatory consumer protections in NG (Federal Competition and Consumer Protection Act 2018) and other markets\n- Cooling-off and refund language may need a stronger framing for non-UK consumers\n- Confirm the AI training exception in §9 (using anonymised platform data to train AI models) is consistent with our Privacy Policy and relevant case law\n- Confirm KYC waiver language in §3.2 ("we cannot waive it") doesn't inadvertently breach FCA / Gambling Commission obligations or contradict our actual stance\n- Confirm the "tipping-off-safe" framing in §7 ("except where the law prohibits us") accurately reflects POCA 2002 §333A\n- Add provisions specific to gambling licensing if and when we obtain a UK Gambling Commission licence (V4 milestone)\n- Add provisions specific to professional / minor / vulnerable persons protection if any (gambling-adjacent platforms typically need explicit responsible-gambling language)\n- §13 (Brand accounts / brand-hosted tournaments, added in v2): decide whether the brand (B2B) relationship should be governed by these consumer Terms at all or by a separate B2B brand/organiser agreement — the SP6 feature ships the matcherino-style host product referenced in the existing note above. If a separate agreement is used, §13 should reduce to a pointer to it.\n- §13.1/13.2: confirm the KYB obligations, manager-authority warranty, and "authorized to bind the entity" language are enforceable and sufficient for AML/CTF onboarding of corporate customers (MLR 2017 customer due diligence on legal persons + beneficial ownership)\n- §13.3/13.4: confirm prize-pool-guarantee and host-fee-forfeiture/abandonment-penalty terms are enforceable against a business counterparty and consistent with the fees schedule; consider whether a brand deposit/guarantee is required\n- §13.5/13.6: confirm the entry-gating consent model and brand↔player data-sharing language are consistent with the Privacy Policy, UK GDPR controller/processor analysis, and the lawful basis relied on; confirm the "independent controller" characterisation of the receiving brand is correct\n- §13.7: confirm the £15K EDD threshold framing and pause/suspension language for brand transactions matches the final AML policy and the firm's regulatory permissions\n","version":"v2","effective_at":"2026-05-27T23:34:58.140814+00:00","doc_type":"tos","status":"draft"}