Terms and Conditions of TheProExp Limited
1. ACCESS TO THE WEBSITE AND THE USE OF SERVICES
In this Agreement, the Website (software product) should be interpreted as an analytical online platform that, due to its specially developed unique system of algorithms, enables to completely autonomously (using artificial intelligence) generate football-related analytics (forecasts/predictions).
These Agreement applies to the usage of the Website by the User through related enabling Internet, mobile or other devices.
1.2. Registration on the Website, access to the Website, the use of the Website, its content, information, products and services (“Services”), fully or partially, mean that You have carefully read and accepted all provisions of this Agreement; You are lawfully able to follow the Agreement, no matter if You are a registered user or not; You can enter into any legally binding agreements. If You have any doubts about any of Your rights and obligations resulting from entering into this Agreement, please consult legal counsel in Your jurisdiction. If You do not agree with any provisions of the Agreement, You should not use the Website and its Services.
1.3. It is entirely and solely Your responsibility to enquire and ensure that You do not breach applicable law in Your jurisdiction by using this Web-site, its Services. In case You have any doubts regarding the legality of use of the Website in Your jurisdiction please contact a legal advisor in Your jurisdiction of residence.
1.4. The Company does not intend for anyone to use the Website/its Services where such use might be considered illegal. The availability of the Website does not constitute an offer or invitation by the Company to use the Website/its Services in any jurisdiction or place in which such use is illegal.
1.5. The User can only use the Website if he/she is of legal age as determined by applicable laws in his/her jurisdiction of residence and it is legal for he/she to use this Website according to the respective applicable law. However, in any case User cannot use this Web-site if he/she is under eighteen (18) years of age.
1.6. If a payment is required while using the Website, the User is obliged to pay it. In case of a non-payment or overdue payment, the Company can cancel or limit the access to the Website and its Services.
1.7. Access to the Website or its Services may have restrictions as to the number of visits. The User is obliged to use only the Website interface provided by the Company.
1.8. The Company reserves the right to change, delete, suspend or terminate the Agreement or some of its provisions at any time. All changes made to the Agreement come into force from the moment of their publication on the Website. You are hence, recommended to review this section frequently. The date of the latest version of the Agreement is at the top of this page. If You continue using the Website after changes are made, this means that You accept and agree with the changes. As long as the User agrees to the Agreement, the Company grants him or her a personal, non-transferable, limited permission to access and use the Website.
1.9. The text of the Agreement published on the Website (and updated from time to time) is written in English, and the English-language version is the only officially recognized by the Company. Any translations are made in good faith, however, in case of discrepancies between translations and the English version, the English version shall prevail.
2. THE WEBSITE SERVICES
2.1. According to the Agreement, the Company provides the User with analytics in the form of predictions for football match results (the “Services”). The Services should be used in accordance with the rules described in the “Money Management” section on the Website. The scope of the Services depends on the packages selected by the User.
2.2. Packages of analytics (predictions) available to the User:
- Paid predictions packages:
When purchasing the Ordinar package, the User obtains 20 single-event prediction units to his/her account balance, with an average coefficient of 1.8. The use of the Service has no time limits. The funds are deducted from the balance automatically when the prediction of a corresponding type appears on the Website. In case the prediction is incorrect, the deducted unit will be returned to the User's account balance. The cost of the Ordinar package is $69.
When purchasing the Express package, the User obtains 12 multiple-event prediction units to his/her account balance, with an average coefficient of 2.4. The use of the Service has no time limits. The funds are deducted from the balance automatically when the prediction of a corresponding type appears on the Website. In case the prediction is incorrect, the deducted unit will be returned to the User's account balance. The cost of the Express package is $49.
- All Inclusive
When purchasing the All Inclusive package, the User obtains 20 single-event prediction units and 12 multiple-event prediction units to his/her account balance. The use of the Service has no time limits. The funds are deducted from the balance automatically when the prediction of a corresponding type appears on the Website. In case the prediction is incorrect, the deducted unit will be returned to the User's account balance. The cost of the Express package is $99.
- Trial package
The Trial prediction package is a free subscription package provided to the User only once, after registration on the Website. The package includes 6 prediction units, and its use has no time limits. The units on the balance within the package is deducted automatically when predictions appear on the Website. In case the prediction is incorrect, the deducted unit will NOT be returned to the User's account balance.
- Paid one-time predictions with high coefficients:
- One-time single
The user receives 1 single-event prediction unit from the Ordinar package with an average coefficient of 1.8. The use of the Service has no time limits. The funds are automatically deducted from the balance when the prediction of the corresponding type appears on the Website. In case the prediction is incorrect, the deducted unit will be returned to the User's account balance. The cost of the Service is $4.9.
- One-time multiple
The user receives 1 multiple-event prediction unit from the Express package with an average coefficient of 2.4. The use of the Service has no time limits. The funds are automatically deducted from the balance when the prediction of the corresponding type appears on the Website. In case the prediction is incorrect, the deducted unit will be returned to the User's account balance. The cost of the Service is $5.9.
- One-time single
2.3. The Company provides the paid Services in full if they are fully paid by the User. The payment for the Services is carried out on the Website using the electronic payment system. The Company reserves the right to change the cost of the Services and their composition at any time. All amendments to the Services enter into force upon their publication on the Website.
2.4. Use of the Services (paid and free) has no time limits. The User can buy an unlimited number of prediction units at any time, including before the previously acquired package is used in full.
2.5. The User can purchase paid one-time predictions at any time and without any restrictions.
2.6. The User understands and agrees that the number of predictions provided by the Website may vary depending on the number of matches held in a given period of the football season.
2.7. All predictions without exception are displayed 24-72 hours before the match. The User understands that the coefficient for the outcome of football matches are delivered taking into account data provided by the Bet365 website at the time the prediction is displayed on the Website of the Company. The Company is not responsible for further changes in the coefficients.
2.8. The Company reserves the right to change the terms of the provision and use of the Services without prior notice. All changes enter into force upon their publication on the Website. If the User has acquired a Service before any changes are made, the User will use the Service in accordance with its terms at the time of purchase.
2.9. You agree that You use the Services at Your sole option and discretion. The Company is not responsible for further use of analytics (predictions) generated by the Website. The Company is not liable to the User for any financial losses suffered due to the use of purchased analytics (predictions). The User shall have no claims whatsoever against the Company, its directors, employees in relation to his/her losses.
2.10. The User understands that by payment of prediction packages, he/she pays for analytics generated by the Website (Services). The Services are considered duly provided at the moment of availability of purchased predictions to the User. The User understands and agrees that if a purchased prediction does not match the actual outcome of the game, the money paid for the purchase of this prediction will not be returned to the User.
2.11. After receiving the Service (paid or free), the User is strictly forbidden to copy, distribute data (predictions) provided by the Website, forward them, open access to them to third parties, or resell them in the purchased or modified form.
3.1. In order to get access to the Website and the information provided on it, the User has to complete the registration process and login. The User guarantees that the information provided by him/her during registration is reliable, correct, and true.
3.2. The User may register only one account on the Website. Creating multiple accounts per person is strictly prohibited. If it becomes known that the User has created several accounts, the Company reserves the right to restrict the owner of such accounts access to the Website and the Company's Services or to block the User’s account without the right to return funds to the User for the purchased Services.
3.3. The User is obliged to update his/her personal information on the Website in accordance with the real state of affairs.
3.4. If the Company doubts the credibility and accuracy of information provided by the User (including cases where it is suspected that multiple accounts are registered by one user), the Company is allowed to restrict the User’s access to the Website. Additionally, the Company is also permitted to terminate the Agreement between the User and TheProExp Limited.
4. PASSWORD AND PERSONAL INFORMATION
4.1. When registering on the Website, the User is asked to choose a password for the Account. The User is entirely responsible for safeguarding and maintaining the confidentiality of his/her account, login, password and other information (if indicated), as well as for actions performed under this Agreement. In the event of unauthorized access to the account by third parties, the User has to immediately notify the Company about this.
4.2. The data specified by the User during registration is deemed to be his/her personal information, and the User cannot disclose or open access to his/her password to third parties. The disclosure of such information may lead to cancelling access to the Website or paying extra fees incurred as a result of unauthorized access.
5. THE WEBSITE AMENDMENTS
5.1. The Company reserves the right to make improvements and/or changes to the Services, pricing and/or other information of the Website (including this Agreement). The User agrees to comply with the Agreement once the amendments were introduced on the Website. Thus, the Company strongly recommends that the User check the Website and the Agreement for updates on a regular basis. If the User continues to use the Services, it shall be deemed that the User accepts the modification of the Website and the Agreement. When related disputes occur, the latest version of the Agreement shall prevail.
6. PERMITTED AND PROHIBITED ACTIVITIES
6.1. The Website is the property of the TheProExp Limited. All intellectual property rights to the Website belong to TheProExp Limited.
6.2. Access to the Website and use of this Website (including viewing pages; downloading, reproducing, displaying and publishing information (such as graphics, illustrations, photographs, design, descriptions, video and audio clips, music and sound clips and other data); any sections of the Website; software; content of any email or similar information sent by or on behalf of the Company regarding this Website; registration; other content on the Website, developed and provided by the Company) are permitted only in accordance with this Agreement. This provision is applicable to any kind of use of the Website, including the use of electronic, mechanical, photocopying, recording tools or gadgets.
6.3. The Company provides the User with a non-exclusive, non-transferable and revocable permission to access and use (not for profit) the Website and its content for the purposes that are not forbidden by the applicable law in the jurisdiction of the User’s residence.
6.4. Any other use of the Website and its content for purposes other than those listed above, as well as the modification, distribution, transmission, uploading, republishing of information on the Website (without the prior written consent of the Company) is prohibited.
6.5. The rights that the User obtains in accordance with the Agreement will remain valid until the termination of this Agreement. The User is not permitted to resell or give access to the Website to third parties. The User may not modify or create any derivative or related products based on the Website. The User cannot disassemble, decompile or otherwise try to obtain or distinguish the source code that is a base of any component of the Website, and no paragraph of the Agreement can be interpreted as giving anyone the right to receive or use the source code.
6.6. The User confirms that the Website will not be used to:
- Violate any local, state, national or international law;
- Collect or store personal data of other users;
- Impersonate himself or herself as any other person or entity;
- Impede the provision of services, the operation of servers or networks associated with the Website;
- Impede the fulfillment of any requirements, procedures, rules associated with the Website;
- Use any high-volume automated or electronic means to access the Website (including, but not limited to, robots, spies or scripts);
- Interfere with or change the structure of the Website, place dialog and pop-up windows on top of its pages, or otherwise change the appearance of its pages.
7. WEBSITE CONTENT
7.1. The content available on the Website (hereinafter called the “Content”) includes the following:
- Service marks, logos, trademarks and brand names, packages, trade names and other non-material assets of the Company;
- Interface, database, set of instructions, services, programs and tools, text, image, photo, audio and video files with illustrative materials;
- Any documents, analysis, articles, technical descriptions, blogs, notice boards, briefings, references, dispatches, questionnaires (including its information, photos, images, text, comments and other elements and materials) in any communication device or way, known nowadays or about to be developed in the future in its physical, electronic, digital, analog or any other format;
- Design, structure, digest, compiles, collection, coordination, expression, functionality, applications, “LookAndFeel” and the organization of any content contained on the Website or accessible through the Website.
7.2. The Content is accepted as a property of the Company, grantors of license, sponsors, partners, content-providers, advertisers and other third parties, who are stated under the law protection, including, but not limited to, authority rights, commercial secret, patents, trademarks and other state, national and international laws, agreements, rules and legal standards. Reproduction, transmission, distribution, sale, publication, putting into circulation, dissemination of the Content or parts of the Content by the User, directly or indirectly with the help of another person or object, is prohibited, except for cases of obtaining direct written permission from the Company or the owner of such Content, if the Company is not.
7.3. The User is not allowed to modify, destroy, hide any of the copyrights or other messages appearing in the Content of the Website, including those that the User is allowed to download, distribute, publicly display, print or reproduce from this Website. If the User has not received from the copyright holder the written permission to use the Content, such content cannot be copied, distributed, reproduced in open form, demonstrated in open form, reproduced in digital form (in the case of sound recordings) or created derivative works from any object protected copyright, which is available on the Website.
7.4. The User does not have the right of ownership for personal ID that can be attributed to him/her; the User has a limited right to use this ID until the legal agreement between the User and the Company is expired or closed. Upon the contract line termination the Company has the right to dispose and/or assign this ID to any other user freely.
7.5. Notwithstanding the foregoing, the Company does not endorse any Content or article of any authors, or any thought, recommendation or advice set forth on the Website, expressly denies any or all obligations related to such content. The Company is not responsible for the accuracy, usefulness, security or intellectual property rights of such or related content.
8. INFORMATION PROVIDED BY THE USER
8.1. In accordance with the Agreement, the User’s information means any information that the User provides or can provide to the Company or posted on the Website. The User’s information includes illustrations, videos and other visualized materials, audio materials, graphics, documents or data files, information relating to individuals and others, messages, sent via email and other means of communication, files, text material, thoughts, ideas, personal settings, etc.
8.2. By posting the User’s information on the Website or providing it to the Company, the User automatically transfers (or informs that the owner of the information personally ordered the transfer) to the Company the permanent right and license (i.e. those that cannot be revoked and are not exclusive) to use (including for profit), to copy, sublicense, reproduce, modify, adapt, publish, translate, publicize, display and disseminate information (including any ideas, concepts, know-how or techniques contained therein), as well as the rights to create products. The User also guarantees that he/she has all necessary rights to issue such a license. All information of the User will be considered non-confidential, with respect to it there will be no access restrictions and none of the types of information of the User will constitute a confidentiality obligation on the part of the Company.
9. STORAGE AND LOSS OF INFORMATION
9.1. When the Company provides hosting services or other services through the Website, including the provision of free space for storing information and materials, the Company reserves the right to establish and change restrictions (temporary or others) for the use of Services, including, but not limited to, limits on the amount of stored information (for example, the introduction of the maximum amount of general information, materials or maximum file size), time and prescription, number and/or size of files, the amount of data that can be placed or uploaded, or any other criteria determined by the Company). Materials that do not satisfy at least one of the restrictive criteria specified in this section may be deleted.
9.2. The Company is not responsible for the loss or deletion of information that is on the Website, as well as for the non-delivery of such information to the User, regardless of how it happened: as a result of a computer virus, unauthorized access or any other reason. The User is recommended to keep a backup copy of such information.
10. WARRANTIES FOR SERVICES AND INFORMATION PROVIDED BY THE WEBSITE
10.1. All information posted on the Website and services of the Company shall be provided in the form in which they are presented and available.
10.2. The Company disclaims any warranties and representations regarding the Website, information and services, either directly or indirectly, of quality parameters, suitability for relevant purposes and infringement of intellectual property rights of third parties.
10.3. The Company does not guarantee that the services provided on the Website will meet the specific needs, expectations and requirements of the User.
10.4. The Company does not guarantee that the information posted on the Website is available and authorized for use at any time and from anywhere in the world, free from viruses and can interact with any hardware or software. Persons who use the Website or information and/or Services provided through the Website are responsible for the compliance with all national and international laws, agreements, norms, and rules.
10.5. Despite the belief in the accuracy, reliability and relevance of all information posted on the Website, including other data and descriptions received from third parties, the Company does not guarantee the correctness of any statements that may be contained on the Website. Any products, materials, support, services or information provided by the Website or referred to by the Website may be outdated.
10.6. The Company does not bear any obligation to update information contained on the Website is not responsible for errors or omissions in the data stored on the Website. Any decisions made by the User on the basis of information contained on the Website or obtained through the Website are solely the responsibility of the User.
10.7. The Company does not guarantee that the functionality of the Website, the Services provided on the Website, or other types of User interaction with the Website are provided continuously, are constantly accessible, reliably protected and free from errors; that errors and inaccuracies will be corrected; that this Website or the server on which information is contained will not contain viruses or other components that could be harmful.
10.8. The Company does not bear any responsibility for damage (or loss of information) caused to the computer or property of the User because of viruses or the use of the Website materials, including as a result of downloading graphic files, software and other information posted on the Website. If, as followed, there is a need for service or repair of equipment or data correction, the User bears all costs associated with this.
10.9. The information contained on the Website cannot be considered as legal, technical, professional, financial or other conclusion. The Company is not responsible for the accuracy and reliability of the information. The User cannot perceive as facts any statements related to predictions or statements set forth in the information or Services received through the Website.
10.10. This Website may contain links to certain Services of the Company, which may be unavailable or difficult to access at a certain period of time and/or in a particular country. Such links should not be perceived as a statement that the Services are available at any time and in any country.
10.11. The Company and all other persons who create, develop or publish online the information posted on the Website, and provide access to it, are not liable for losses (direct, indirect, or actual), including those related to data loss, cash, profit, production shutdown or lost time, as well as any other losses (including those incurred due to negligence and other offenses) that are the result of the use or inability to use the information posted on the Website or obtained through the Website.
11.1. The Company and third parties are entitled to provide hyperlinks to other websites and resources. Placing such links on a page is solely for convenience and does not mean that the Company approves the corresponding website or associates itself with the owners of such resources.
11.2. The Company recommends to be more careful when visiting both its own and external websites. Certain websites may contain information that may be deemed inappropriate or offensive, or links that lead the User to such websites.
11.3. External websites may send their cookies to users, collect data and/or request personal information of users.
11.4. The Company does not guarantee the accuracy and reliability of the information posted on external websites and resources that can be accessed from the Website. The Company is not responsible, including legally, for content, advertising, products, support, services and other materials that are present on such websites or may be available from them.
11.5. The Company is also not responsible and disclaims any warranty obligations (whether explicit or implicit) with respect to accuracy, reliability, legality, copyright, trade secrets, as well as other state, national and international laws, agreements, standards and rules regarding materials and information posted on external websites.
11.6. The company is not liable (directly or indirectly) for compensation for damage and harm caused or allegedly caused in the process of using the content, services and products provided on the external websites.
11.7. Without the limitations of the above, the Company does not give any assurances and guarantees of security that a third party can request from the User through resources associated with this Website. In turn, the User in advance refuses to submit claims to the Company on such issues.
12. TERMINATION OF SERVICES
12.1. The Company reserves the right to immediately stop or refuse to provide the Services to the User (with or without warning) if the User intentionally or unintentionally does not comply with the above provisions of this Agreement.
12.2. The Company has the right to terminate the User’s access to the Website and the User’s registration on the Website if the User did not use the Website for six or more months.
12.3. The Company reserves the right, at its sole discretion, to cancel the User access to the Website at any time without explanation. Upon the termination of the agreement between the User and TheProExp Limited, the Company has the right to delete all information about the User.
13. REFUND POLICY
13.1. Refund to the User is processed only by an electronic transfer to the same bank card or an account in the international payment system that was used to pay for the Services on the Website. Otherwise, no refund is possible.
13.2. The User can expect a refund of funds by the Company only in case of complete refusal of the paid Service after its purchase and before using it, complying with all terms of this Agreement.
13.3. The User may refuse to use the services of the Company at any time. In case the User refuses to use the paid Service full and complete after the start of its use, a refund is not possible.
13.4. Refund is possible only if the documents/data specified in clause 13.6 are provided.
13.5. To consider the possibility of a refund by the Company, the User should send an email with a request to [email protected]. The email should be sent from the email address that was stated during the registration of the User and contain the data listed in clause 13.6 confirming that the User can claim for a refund.
13.7. Refund is possible only if the email with the application is sent within 5 calendar days from the date of payment and only if the funds are credited to the Company’s account.
13.8. The term for considering a request for a refund is calculated from the moment the Company receives an email with an application from the User, and is 5-7 business days, excluding holidays and weekends in the jurisdiction of registration of the Company.
13.9. In case of the approval of the application for a refund by the Company, such refund should be processed to User’s bank card or User’s account within 10 business days from the date of approval of the application.
13.10. The Company is not responsible for any technical malfunctions of the payment and processing systems used on the Website. In case the User’s funds were not transferred to the Company’s accounts in the payment system, the funds are to be returned through the payment, processing system and/or the User’s designated bank without requesting the Company’s assistance.
13.11. The rules and procedures for the refund are determined by the Company and may be changed at any time without providing any notice of the changes to the Users.
14. MISCELLANEOUS PROVISIONS
14.1. If any of the provisions of the Agreement is limited or prohibited in any jurisdiction, then these provisions will be deemed invalid. Such provisions should be limited or excluded to the minimum necessary extent, while the rest of the Agreement shall remain fully valid. Neither will it affect the validity or ability to protect these provisions in any other jurisdictions, nor affect the application of the Agreement to other parties or to other circumstances.
14.2. The Agreement should not be interpreted or perceived as granting any rights or remedies against any third parties.
14.3. The Agreement and all related claims, disputes and non-contractual obligations, including claims for breach of obligations under the Agreement, warranties, unfair competition or civil offences or misdeeds will be governed by the laws of Cyprus. By this, the parties (the User and the Company) recognize the exclusive jurisdiction of Cyprus courts with respect to any disputes or non-contractual obligations arising during the implementation of the Agreement.
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