These Terms of Service are binding Terms (the “Terms” or “Agreement” of “Terms and Conditions”) between BetBlock Technology LDA. (“BetProtocol”, “Service Provider”, “us”, “we”, or “our”), as the provider of the services, including any content or information provided as part of the Site or related services, as set out hereafter, and the person, persons or entity (“Contracting Party”, “you” or “your”) using such kind of services (each a “Party” and collectively the “Parties”).
By accessing, registering or using our Services you agree to comply and be legally bound by these Terms
All these rules and Terms of Service and constitute the contract applicable to the relationship between BetProtocol and the Operator as client and owner of the betting platform to be created, GIVEN THAT: BetProtocol is the owner and/or software supplier of a number of certain games software for deployment and use in internet, mobile, and land based gaming channels (“BetProtocol Games”, as defined); as well as the owner and/or software supplier of backend Software as a Service including but not limited to back office, API, payment gateway services, KYC services and other backend software as a service (“Gaming Systems”), all of these collectively as “BetProtocol’s IP”;
BetProtocol will not be providing any gaming services directly to Operator’s clients;Operator asked for BetProtocol’s assistance on developing gaming software for its own platform, resourcing to BetProtocol’s IP.“BetProtocol” - means BETBLOCK TECHNOLOGY LDA, a company registered and incorporated under the laws of Portugal acting under the registered brand “BetProtocol”;
“Operator” – means you (as person or company), as client using BetProtocol development services and software licensing.
"Business activity" as it pertains to BetProtocol shall mean business to business software-as-a-service for gaming, gambling and betting; critical gaming supply; games, frontend, backend and back office software / hardware development and services for online and offline gaming, gambling, betting and games of chance or skill provided via blockchain and non-blockchain based systems, including all APIs and middleware.
General Relevant Representations and Warranties
The Operator must provide gaming services only in jurisdictions selected by it, where it is able to comply with the representations and warranties set forth in the following paragraph (the “Selected Jurisdictions”) and in the section Compliance Warranties; Operator must maintain BetProtocol informed, at all time, of the Selected Jurisdictions identification. Being the sole owner, responsible entity and operator of its gaming platform, the Operator represents and warrants to BetProtocol that: Its use of the Platform in the Selected Jurisdictions does not and will not violate the provisions of any applicable law, regulation or order, including but not limiting, if and when applicable, by: holding the necessary gaming licenses; hosting the services in said jurisdiction(s) territory; not accepting wagers from end users who have self-excluded from gaming or without previous KYC/AML or other due diligence checks; not accepting wagers from minors; respecting wagering limits imposed by law, regulation or order;It will not advertise or, by any means, call for the gaming services to end users in jurisdictions other than the Selected Jurisdictions;It is always updated on its legal obligations, namely being immediately informed by competent and informed professionals and/or authorities of any change to the applicable laws, regulations and orders in the Selected Jurisdiction(s);It acknowledges and won’t dispute that between BetProtocol (as software developer), and the Operator, as the gaming services provider, does not exist any partnership, joint venture or agency relation relating to such services.
BetProtocol shall: Provide and manage BetProtocol IP;Host and maintain its Gaming Systems and BetProtocol Games in order to be operative; Make available to the Operator BetProtocol Games on its gaming systems, in such a manner that the Operator can provide them to its end users, via the Operator’s Platform; Provide reasonable technical support for using its Gaming Systems and BetProtocol Games in accordance with these Terms and Conditions; Take reasonable measures to reinstate its Gaming Systems and/or BetProtocol Games if the availability of same is temporarily disrupted for reasons under BetProtocol’s control; Cooperate with the Operator or competent law enforcement or regulatory agencies in investigating and responding to any notified or observed incident of unauthorised or suspected unauthorised access, use or fraud in relation to its gaming systems and/or BetProtocol Games;Provide its BetProtocol Services to the Operator in “Demo Mode” only from the Effective Date of this Terms and Conditions until the “Go Live Date”. “Demo Mode” - Shall mean the use of BetProtocol Services without the use or wagering of real money or real cryptocurrency, goods, assets or other benefits of any kind with any market or economic value.
“Go Live Date” - Shall mean the date when BetProtocol Services are made available to the Operator for use and wagering with real money and/or real cryptocurrency with market value. In the case of the Social Casino module, Go Live Date shall mean accepting real money/real cryptocurrency for purchases from the Operator's end users of in-platform chips and other virtual items of no market or tangible value. Licensing Subject to the terms and conditions of these Terms and Conditions, BetProtocol via hereby grants to the Operator a final, personal, limited, non-exclusive, non-assignable, non-transferable, licence to (the “Licensing Rights”): Access its Gaming Systems and BetProtocol Games only through the Operator Platform and to make the same available to end users for gaming purposes, only via the Operator Platform; Carry out Marketing in relation to BetProtocol Games and Gaming Systems;Use BetProtocol’s IP in connection with Marketing of BetProtocol Games and Gaming Systems; andIntegrate BetProtocol’s gaming systems into, or have its gaming systems linked to, its Operator Platform and approved gaming sites in order to facilitate the above. The Operator hereby grants to BetProtocol a personal, non-exclusive, non-assignable, non-transferable authorisation to (the “Authorised Rights”): Display and warrant that the Operator is a client and/or partner of BetProtocol on all BetProtocol’s publicly facing mediums of communication including on Third party news sites; Carry out Marketing in relation to the Operator’s platform and Gaming Systems;Use Operators logos and other identifying names and symbols for the purposes of marketing.
No rights are granted to the Operator except as expressly set out in this Terms and Conditions, and BetProtocol expressly reserve and retain any and all rights that are expressly excluded from or not expressly granted to the Operator pursuant to this Terms and Conditions. The Software contained in BetProtocol’s IP is not sold to the Operator, only licensed, giving Operator only the Licensed Rights in accordance with this Terms and Conditions; BetProtocol reserves all other rights to itself. Operator’s ideas and suggestions of any kind regarding BetProtocol’s IP presented by it to BetProtocol are, definitely and entirely, granted by the Operator to BetProtocol, free of any charge or obligation, becoming the latter the sole owner of such intellectual property.
BetProtocol grants to the Operator the final, non-exclusive, non-transferable limited use of BetProtocol's IP of which BetProtocol is the registered owner or which BetProtocol may obtain in the future only as they are incorporated into BetProtocol Games, only for the duration of this Terms and Conditions and solely in connection with and in accordance with this Terms and Conditions and for use within the licensed jurisdictions. As between BetProtocol and the Operator, all Intellectual Property Rights in BetProtocol’s IP are exclusively vested, and shall remain vested, in BetProtocol and/or in the third party owner or BetProtocol of BetProtocol IP and no ownership or other interest of any description in BetProtocol IP is created or transferred to the Operator. In particular, the Operator acknowledges that BetProtocol is the owner of all rights, titles and interests in its IP. In obtaining access to BetProtocol’s IP, the Operator is not receiving any interest in, or title to, any part thereof, including but not limited to, hardware, software, operating systems or processes, profiling techniques or any other proprietary methods embodied in BetProtocol’s IP, unless otherwise expressly stated in this Terms and Conditions.
The Operator shall not use any BetProtocol’s IP, whether in Marketing or otherwise, except as may be permitted from time to time by this Terms and Conditions or by BetProtocol expressly in writing; in addition the Operator shall not: Alter, erase or remove in any way any trademark notices, copyright notices, logos or other legal or proprietary designations contained on or within BetProtocol’s Gaming Systems or BetProtocol Games or otherwise made available by BetProtocol; Represent, in any manner, that it has any ownership in any BetProtocol’s IP; Register or attempt to register any copyright or trademark in any BetProtocol IP or anything similar to such BetProtocol’s IP in its own name or that of any third party, nor shall it assist any third party in doing so; Modify, adapt, change, reverse-engineer, decompile, disassemble or create derivative works from any software underlying BetProtocol’s IP; Resell or package for reselling any of BetProtocol's IP to third parties without the express written permission of BetProtocol. The IP of any bespoke works, software or technical development that BetProtocol provides solely for or in collaboration with the Operator shall be solely vested in BetProtocol. Operator shall be required to display the “BetProtocol” trademark and logos in connection with BetProtocol Games and gaming systems, without any alteration or modifications to the brand logos or designs other than as may be expressly approved in advance by BetProtocol.
Operator shall be further required to display a “Built on BetProtocol” logo at the foot of any gaming website that is supported by BetProtocol’s gaming systems or offers BetProtocol’s Games. Compliance Warranties Operator warrants that it is in possession of the necessary gaming licenses to utilise and/or offer BetProtocol’s Services, Gaming Systems, and BetProtocol Games to end users in all jurisdictions in which it intends to offer gaming services. Operator warrants that it takes full responsibility and liability to provide BetProtocol with proof of valid gaming license(s) in all jurisdictions in which it intends to offer gaming services to end users, and that all liability for invalid gaming licenses shall be the sole burden of the Operator. BetProtocol shall only be technically responsible for hosting BetProtocol Games and Gaming Systems.
BetProtocol reserves the right to make a brief, low level filtering and analysis of the Operator's KYC information and gaming license(s), including but not limited to the use of Machine Learning (ML) and Artificial Intelligence (AI) tools, as a condition for approval of the Go Live Date. Furthermore, the Operator warrants that such filtering and analysis via ML and AI shall NOT constitute any guarantee or validation as to the validity of any KYC or gaming license documents provided by the Operator.
For the avoidance of doubt, the Operator does NOT receive any sort of license or authorisation of any kind by submitting to the aforementioned filtering and analysis. The Operator shall not (i) accept wagers from any end user who is not at least eighteen (18) years of age (or such other minimum age as required to legally place bets or wagers in the jurisdiction in which the end user is located) nor (ii) accept wagers from any end user located outside a licensed jurisdiction, nor (iii) accept wagers from any end user who has self-excluded from gaming, nor (iv) accept wagers from any end user upon which KYC/AML and other due diligence checks have not been done, nor (v) accept wagers from any end user in excess of specified wagering limits imposed by either applicable gaming regulations or the end user.
The Operator shall be responsible for and shall pay all Gaming Taxes in connection with its operation of BetProtocol Games and Gaming Systems for the Operator and its gaming sites. The Operator warrants that it will not use BetProtocol’s IP nor any its BetProtocol Games nor Gaming Systems nor any other of its BetProtocol Services to allow wagers in real money nor in cryptocurrencies, goods, assets or other benefits of any kind with any real market or economic value before the “Go Live Date”, moreover: The Operator acknowledges that BetProtocol has the sole authority to schedule the Go Live Date of its BetProtocol Services; The Operator further warrants that, until the Go Live Date, it will only use BetProtocol’s IP, and any other of its BetProtocol services in “Demo Mode”, whereby no wagers of any real money value shall be made during the interval between the Effective Date of this Terms and Conditions and the Go Live Date.
The Operator warrants that it will display adequate End User Terms & Conditions for all Selected Jurisdictions in which it operates, that cover the use of its platform and its terms of service by its end users, including but not limited to Prohibited Uses and Know Your Customer (KYC) policies. The Operator further warrants that it will be solely responsible for addressing any gaming complaints that it receives from end users, as well as any related monetary burdens or fines.
The Operator warrants that it has a Problem Gambling Policy in place, and that it will prominently display methods for self-exclusion by end users, enforce such self-exclusion by end users, and display information pertaining to help with gambling addiction on its platform. The Operator warrants that BetProtocol may at any time, at its sole discretion, temporarily or permanently suspend its BetProtocol Services to the Operator if: BetProtocol needs to make technological upgrades or maintenance to its BetProtocol Services, in which case any such loss of revenue, profits, business, or gaming activity of the Operator is expressly not the liability of BetProtocol.; if the Operator is found in violation of any Compliance Warranties; BetProtocol is ordered by competent gaming, regulatory, tax, or law enforcement authorities to do so, where: Suspension of BetProtocol Services at the request of regulators or competent authorities is considered to be an obligation of the Operator, to be carried out by BetProtocol, and any such loss of revenue, profits, business, or gaming activity of the Operator is expressly not the liability of BetProtocol.
Furthermore: If the Operator's platform is to be hosted on a domain that is a white label of a 3rd party gaming license holder, the Operator shall strictly adhere to all commercial, technical, tax, legal and regulatory compliance requirements of that 3rd party gaming license holder, and furthermore shall hold BetProtocol harmless and free of any such liability, monetary, legal, or otherwise, arising from the use of such white label of any such 3rd party. BetProtocol does not warrant that any white label used by the Operator from any such 3rd party is valid in any jurisdiction. Operator may be required to display its gaming license number and/or proof of license on its platform.
IMPORTANT NOTE: BetProtocol is just a development company, we are not obliged to perform background checks nor KYC, nor regulation nor compliance checking in any jurisdiction in which the Operator may offer gaming services to end users. Data Protection: The operator warrants that it has an adequate data protection policy, gathering and response mechanisms in place that are compliant with GDPR and other data protection laws that may be applicable. Data protection and responding in a timely fashion to data protection requests is solely the responsibility of the operator, and the operator shall hold BetProtocol harmless and free of any liability arising from such responsibility. Information Disclosure Requirements: The Operator shall display on the end-user facing frontend of his/her gaming platform the following links that provide the following relevant information for end users in the footer or other area of their website:
Proof of valid gaming license
Complaints and Arbitration
AML & KYC policy
The Operator warrants that the responsibility to maintain adequate and accurate information pertaining to each of these requirements above is entirely the Operator's. The Operator shall hold BetProtocol harmless and free of any liability arising from failure to display or maintain any of the aforementioned information. The Operator warrants that it shall display adequate KYC & AML Policies in the footer of the website in which they offer remote gaming services to end users, for example:
Know your Customer (“KYC”) and Anti-Money Laundering (“AML”) Policy OPERATOR reserves the right, at any time, to ask for any KYC documentation it deems necessary to determine the identity and location of a User. OPERATOR reserves the right to restrict service and payment until identity is sufficiently determined. OPERATOR further reserves the right to share submitted KYC information and documentation to 3rd parties to verify the authenticity of submitted information, and the end user agree to this by using the Service. OPERATOR reserves the right to confiscate any and all funds that are found to be in violation of relevant and applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary.
AML & SANCTIONS COMPLIANCE.
OPERATOR expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities on any Politically Exposed Persons (PEP) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Service, end users represent and warrant that they are not on any such lists.
Each Party (the “Receiving Party”) shall protect the confidentiality of any Confidential Information (defined hereinafter) disclosed or furnished by any other party hereto (the “Furnishing Party”) or otherwise made available to the Receiving Party in connection with the negotiation, execution or performance of this Terms and Conditions (whether in written media or otherwise) using the same degree of care that it uses to protect its own confidential or proprietary information of a similar nature but in no event less than a reasonable degree of care. Confidential Information shall remain the property of the Furnishing Party, and the Receiving Party shall not be deemed by virtue of any access to the Confidential Information of any Furnishing Party to have acquired any right or interest in or to any such Confidential Information. “Confidential Information” shall mean all knowledge information or material or whatever nature and in whatever form (whether oral or written) , any and all information relating to the Furnishing Party of any description whatsoever and in the widest sense including without limitation anything relating to its business, finances, intellectual property assets, know-how, trade secrets, marketing, and shall also include the existence of this Terms and Conditions and any provision of this Terms and Conditions.
Confidential Information shall not include any information: That is already known to the Receiving Party, without restrictions on use or disclosure, at the time of its disclosure by the Furnishing Party;That is or becomes generally available to the public other than as a result of disclosure thereof by the Receiving Party;That is lawfully received by the Receiving Party, without restrictions on use or disclosure, from a third party that is not itself under any obligation of confidentiality or nondisclosure to the Furnishing Party or any other person with respect to such information;That is independently developed by or for the Receiving Party without reference or access to the Furnishing Party’s Confidential Information; orThat is approved in writing by the Furnishing Party for use or disclosure.
Any Party relying on any of the foregoing exceptions (i) to (v) shall bear the burden of proof with respect to such reliance. The Receiving Party shall use the Furnishing Party’s Confidential Information solely for the purposes of this Terms and Conditions and shall not otherwise use nor disclose or disseminate any such Confidential Information to any third party at any time, except as required by law or any competent regulatory body, or the rules of any relevant stock exchange. If the Receiving Party is compelled to disclose any Confidential Information relating to the Furnishing Party as the result of any bona fide written order from any government agency, regulatory body, court of law of competent jurisdiction or stock exchange, the Receiving Party shall endeavour to give no less than five (5) days' notice to the Furnishing Party of the disclosure to the extent it is able to do so. The Receiving Party shall notify the Furnishing Party promptly of it becoming aware of any unauthorised use or disclosure of the Furnishing Party’s Confidential Information and shall cooperate with and assist the Furnishing Party in every reasonable way to stop or minimize such unauthorized use or disclosure. If the Receiving Party commits a breach, or threatens to commit a breach of any of the provisions of this clause, then the Furnishing Party shall have the right to bring an action for injunctive relief or any other action at law or equity to specifically enforce the terms of this clause, it being acknowledged and agreed that any such breach, or threatened breach, could cause irreparable injury and that money damages would not provide an adequate remedy to the Furnishing Party.
Upon termination or expiration of this Terms and Conditions, each Receiving Party shall, at the Furnishing Party’s option, return or destroy all Confidential Information of the Furnishing Party and provide an officer’s certificate to the Furnishing Party as to such return or destruction, as applicable. No announcement, press release or other disclosure shall be made concerning the contents or subject matter of this Terms and Conditions by any Party hereto without the written consent of the other Party. This Confidentiality clause is effective as of the Effective Date and will continue until terminated by either party at any time upon seven (7) days written notice to the other party. The termination of this Confidentiality clause will not relieve either party of the obligations imposed by this Terms and Conditions with respect to Confidential Information disclosed prior to the effective date of such termination and those obligations will survive the termination of this Terms and Conditions.
Limitation of Liability
Neither Party limits its liability for gross negligence, wilful misconduct, bad faith, fraud or for death or personal injury arising from its own negligence or that of its employees, agents or sub-contractors or for misappropriation of intellectual property. Except as provided in this Terms and Conditions, neither Party shall be liable to the other Party for any: Indirect, special, punitive, incidental or consequential loss or damages; orLoss of business or loss of profitsHowever arising including as a result of negligence (not being a gross negligence), breach of contract or otherwise. Operator shall hold BetProtocol harmless and free of any liability due to breaches, hacks, errors in game logic or code, and unauthorised withdrawals; loss of funds, loss of user data, loss of betting data, loss of login or other security credentials including private keys or passwords that results in a loss of assets or funds, whether belonging to end users or the Operator themselves. Furthermore, the Operator acknowledges that the software, IP, Gaming Systems, Games and Gaming Services that BetProtocol provides is done so strictly on an "as is" basis, and that BetProtocol makes no warranty as to the safety, security or completeness thereof. The Operator acknowledges and warrants that it is in sole control over the deposits and withdrawals of its gaming platform(s), and therefore assumes all responsibility and liability over their proper management. Any losses or fines resulting in mismanagement of the deposits and withdrawals mechanisms (including use of the automatic withdrawal feature, which is turned OFF by default) is strictly the liability of the Operator. Each of the Parties acknowledges that this Terms and Conditions and in particular but without limitation the preceding provisions of this clause have been freely negotiated by the Parties and are considered by them to be reasonable having regard to the nature of the relationship between the Parties and the other provisions of this Terms and Conditions.
This Terms and Conditions and all relations, disputes and other matters arising hereunder shall be governed by and construed in accordance with the laws of Portugal, and any legal proceedings that arise out of this Terms and Conditions shall be conducted in the Portuguese language.