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responsiblo Terms for the clients of VivaVegas

1. Introductory provisions

1.1 Identification of the Company: these Terms of Use (the Terms) govern the relationship between the Clients (the Client or Clients) and responsiblo, s.r.o., with registered office at Varšavská 715/36, 120 00 Prague 2, ID No. 19428588 (the Company or we). The Company provides educational programs and services through the website www.responsiblo.com (the Website) and through the API.

1.2 Acceptance of the Terms: by registering on the Website, connecting to our services via the API or web interface, or otherwise using the services provided by the Company, the Client agrees to these Terms. If the Client does not agree to these Terms, the Client is not entitled to use the Company's services.

1.3 Purpose: These Terms are intended to govern the rights and obligations of the Company and the Clients in the provision and use of the Educational Services, including privacy, liability, intellectual property rights and API integration. The Terms are binding on all Clients using the Company's services.

2. Definition of terms

2.1 Client: a legal entity such as a licensed online casino, sportsbook, sports club (e.g. hockey, football, basketball) that registers on the Website, connects to our services via an API or web interface, and uses the services provided by the Company.

2.2 Service: educational programs, courses and other content offered by the Company through the Website and API, aimed at preventing risky gambling and promoting responsible gambling.

2.3 Website: the website at www.responsiblo.com through which the Company provides its services.

2.4 Personal Data: information about individuals that is collected and processed by the Company in accordance with applicable law and the Privacy Policy, including but not limited to name, surname, address, email address, telephone number, IP address and payment information.

2.5 API: an application programming interface provided by the Company that enables Clients to integrate their systems with the Company's services and that provides for the transmission of anonymised data of their customers or employees.

3. Registration and user account

3.1 Client Registration Terms. When registering, the Client shall provide true and up-to-date information that is necessary to create a Client Account.

3.2 Protection of login data: the Client is obliged to protect his/her login data (username and password) from misuse by third parties. The Client is responsible for all activities that are carried out through his/her Client Account. In case of suspected misuse of the account, the Client shall immediately inform the Company.

3.3 Updating of information: the Client is obliged to keep his registration data up-to-date and true. The Client shall update any changes to his/her information in his/her Client Account or notify the Company as soon as possible.

3.4 Account Cancellation: the Client may request cancellation of his/her Client Account at any time by sending a request to the Company's contact email. The Company reserves the right to terminate the Client Account in the event of a breach of these Terms and Conditions or any other law.

4. Provision of services

4.1 Description of the Education Platform Services: the Company provides various educational programmes, courses and content through the Website and the API aimed at preventing risky gambling and promoting responsible gambling. Services include interactive courses, personalized analytics and other educational tools.

4.2 Terms of Use: Clients are required to use the Company's services in accordance with these Terms, applicable law and the rules set out for each course and programme. Clients may not misuse the Services for illegal purposes or in a manner that could harm the Company or other users.

4.3 Integration via API and Web Interface: Clients may use the Company's services either via an API that enables integration of their systems with the Company's services or via a web interface. When using the API, the data sent to the Company is anonymised so that the Company does not have access to the personal data of individual Client users.

4.4 Changes to Services: the Company reserves the right to change or terminate its services at any time, even without prior notice. In the event of significant changes that could adversely affect Clients, the Company will notify Clients in advance by email or notice on the Website.

4.5 Service Availability: the Company strives to make its services as available as possible, but is not responsible for temporary unavailability of services caused by technical problems, system maintenance or other circumstances beyond the Company's control.

4.6 Technical Requirements: For the proper functioning of the Services, the Client must have access to the Internet and use compatible equipment and software. The Company is not responsible for problems caused by incompatibility or technical limitations of the Client's equipment.

5. Prices and payment terms

5.1 Individual Pricing Plans: The prices for the services provided by the Company are set individually for each Client based on the number of licenses, the scope of services and the Client's specific requirements. Pricing plans are negotiated directly with the Client and are set out in the contract between the Client and the Company.

5.2 Payment Methods: Payments for the Services will be made by bank transfer in a pre-agreed currency to the bank account specified in the contract between the Client and the Company.

5.3 Payment Terms: The Client is obliged to pay the price for the selected services in accordance with the terms of the contract between the Client and the Company. Upon payment, the Client will receive a confirmation of payment. If payment is unsuccessful, the Client will not be allowed access to the Services until payment has been successfully made.

5.4 Refund Policy: as the services provided by the Company are digital in nature, the Client acknowledges that once the digital content has been made available, it is not possible to withdraw from the contract and request a refund, in accordance with Section 1837(l) of Act No. 89/2012 Coll., Civil Code. In the event of technical problems with access to the Services or other serious reasons, the Client may contact the Company, which will endeavour to find a suitable solution.

5.5 Tax Liability: the prices quoted in the Contract include the relevant Value Added Tax (VAT) as the Company is a VAT payer. The Client is responsible for the payment of all relevant taxes associated with its purchase of the Services.

6. Privacy Policy

6.1 Collection of Personal Data. The data collected may include first name, last name, email address, IP address and other data necessary for the provision of the Services.

6.2 Purposes of processing: personal data is processed for the purpose of providing services, managing user accounts, processing and processing orders, communicating with users, ensuring the security of services and fulfilling the Company's legal obligations. Personal data may also be used for marketing purposes if users give their explicit consent.

6.3 Anonymization of data for API: in the event that the Client uses the Company's services via API, the data sent to the Company is anonymized, which means that the Company does not have access to the personal data of individual users of the Client. The Company collects and processes only anonymous data necessary for the provision and improvement of the Services.

6.4 Rights of clients and users: clients and their users have the right to access, rectification, erasure, restriction of processing and portability of their personal data. They also have the right to withdraw their consent to the processing of their personal data at any time and the right to object to the processing of their personal data. To exercise these rights, they may contact the Company at info@responsiblo.com.

6.5 Security of personal data: the Company implements technical and organizational measures to ensure the protection of personal data against unauthorized access, loss, misuse or damage. These measures include data encryption, network security, restriction of access to personal data and regular security audits.

6.6 Transfer of data to third parties: Personal Data may be shared with third parties that provide services to the Company, such as cloud service providers and external IT services. These third parties are required to protect personal data in accordance with applicable laws and contractual obligations. Personal data may also be transferred to legal authorities in accordance with the Company's legal obligations.

6.7 Retention period of personal data: personal data are retained for the period necessary to fulfil the purposes of their processing, but no longer than the period prescribed by applicable law. After this period, the personal data will be securely erased or anonymised.

7. Rights and obligations of clients

7.1 Client rights: Clients have the right to:

  • a) Access their Client Accounts and use the services provided by the Company in accordance with these Terms.
  • b) To request correction of their personal data if it is inaccurate or incomplete.
  • c) Request the deletion of their personal data in cases provided for by applicable law.
  • d) Object to the processing of personal data for direct marketing purposes.
  • e) Cancel their client account at any time by sending a request to info@responsiblo.com.

7.2 Obligations of Clients: Clients are obliged to:

  • a) Provide truthful and up-to-date information when registering for and while using the Company's services.
  • b) Keep their login information secure and not disclose it to third parties.
  • c) Not use the Company's services for illegal purposes or in a manner that could harm the Company or other users.
  • d) Respect the intellectual property rights of the Company and third parties.
  • e) Comply with all applicable laws and regulations when using the Company's services.
  • f) Ensure that their customers or employees use the Company's services in accordance with these Terms.

7.3 Prohibited Activities: The Client may not:

  • a) Use the Company's services to distribute illegal, harmful, offensive or harassing content.
  • b) Attempt to gain unauthorized access to the Company's or other Clients' systems or data.
  • c) Use the Company's services in a manner that could disrupt their operation or place a strain on the Company's infrastructure.
  • d) Share, sell, or otherwise misuse access credentials to the Company's services to third parties.

8. Liability and warranties

8.1 Company Liability: the Company undertakes to use reasonable efforts to ensure the functionality and availability of its Services in accordance with these Terms. However, the Company shall not be liable for any direct or indirect damage, loss or loss of profit caused by the use of the Services or the inability to use the Services unless such damage is caused by the Company's willful or gross negligence.

8.2 Limitation of Liability: the Company shall not be liable for:

  • a) Errors or service failures caused by technical problems, system maintenance or other circumstances beyond the Company's control.
  • b) Any damage caused by unauthorized access to Client accounts or misuse of Client login credentials.
  • c) Content created or shared by Clients through the Company's services.
  • d) Unauthorized conduct by the Client's customers or employees while using the Company's services.

8.3 Disclaimer of Warranties: the Company's Services are provided 'as is' and 'as available'. The Company makes no warranties, express or implied, regarding the functionality, availability or fitness for a particular purpose of the Services. In particular, the Company does not warrant that the Services will be error-free, uninterrupted or that they will meet the Client's expectations.

8.4 Liability of clients: clients are responsible for:

  • a) The accuracy and timeliness of the information provided when registering for and using the Company's services.
  • b) Protecting their login information and preventing its misuse by third parties.
  • c) Compliance with these Terms and Conditions and all applicable laws and regulations when using the Company's services.
  • d) Any damages caused to the Company or third parties as a result of a breach of these Terms or any law.
  • e) Compliance with the terms and conditions of use of the Services by its customers or employees.

9. Intellectual property

9.1 Intellectual Property Rights: All content provided by the Company on the Website and through the API, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software, is the property of the Company or its suppliers and is protected by copyright, trademarks and other intellectual property rights.

9.2 License to use the Content: the Company grants the Client a limited, non-exclusive, non-transferable and revocable license to access and use the Content provided on the Website and through the API solely for the Client's internal purposes. This license does not include any right to resell or commercially exploit the Content, collect and use product listings, descriptions or prices, derivative use of the Content, or any downloading or copying of information for the purposes of another business.

9.3 Brand Protection: The trademarks, logos and service marks displayed on the Website are registered and unregistered trademarks of the Company and its partners. Nothing in these Terms or on the Website shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Website without the prior written consent of the Company or any third party that may own the applicable trademarks.

9.4 Infringement: any unauthorized use of the Content or Trademarks may violate intellectual property rights and other laws. The Company reserves the right to take all legal action to protect its intellectual property rights.

10. Dispute Resolution

10.1 Dispute Resolution Options: In the event of any dispute between the Client and the Company relating to the Services or these Terms, the parties shall first attempt to resolve the dispute amicably through mutual negotiation and agreement. If the dispute cannot be resolved amicably, the dispute shall be resolved by the competent court in the Czech Republic according to the location of the Company's registered office, unless otherwise provided by mandatory legislation.

10.2 Jurisdiction: the law of the Czech Republic shall apply to all legal relations between the Client and the Company. All disputes arising out of or in connection with these Terms and Conditions shall be exclusively decided by the courts of the Czech Republic.

10.3 Governing Law: These Terms and Conditions and all legal relations between the Client and the Company shall be governed by the law of the Czech Republic, excluding the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods.

10.4 Alternative Dispute Resolution: a Client who is a consumer also has the right to turn to an out-of-court dispute resolution body. In the Czech Republic, this body is the Czech Trade Inspection Authority (www.coi.cz). Consumers can also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr.

11. Changes to the Terms of Use

11.1 Right to Amend the Terms: the Company reserves the right to amend or supplement these Terms at any time. The Company will notify Clients of changes to the Terms by email or by notice on the Website at least 30 days before the changes take effect.

11.2 Notification of changes to Clients: In the event of a change to these Terms and Conditions, the Client will be notified by email sent to the address provided in the Client's account or by a notice on the Website. Clients are required to check their email inbox and the Website regularly to be informed of any changes.

11.3 Consent to Amendments: if the Client continues to use the Company's services after the effective date of the amendments, this shall be deemed to be consent to the amended Terms. If the Client does not agree to the changes, the Client shall have the right to cancel their Client Account and cease using the Company's services prior to the effective date of the changes.

12. Final provisions

12.1 Entire Agreement: these Terms constitute the entire agreement between the Client and the Company regarding the use of the Services provided by the Company. They supersede all prior agreements and understandings between the Client and the Company relating to such services.

12.2 Severability of Provisions: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such provision cannot be modified, it will be severed from these Terms and the remaining provisions will remain in full force and effect.

12.3 Contact Information: For any questions or requests regarding these Terms and Conditions or the services provided by the Company, the Client may contact the Company by e-mail at info@responsiblo.com or in writing to the Company's registered office at responsiblo, s.r.o., Varšavská 715/36, 120 00 Prague 2, Czech Republic.

12.4 Language of the Conditions: These Terms and Conditions are written in the Czech language. If any version of these Terms is translated into another language and there is a discrepancy between the Czech version and the translated version, the Czech version shall prevail.

12.5 Headings: The headings in these Terms and Conditions are for ease of reference only and shall not affect the interpretation of any particular provision.

Effective day: 12.06.2024