TERMS OF SERVICE "GTO WIZARD"
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter as the "Terms and Conditions") regulate the mutual rights and obligations between business entity amagama s.r.o., with registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1, ID No.: 015 98341, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 209011 (hereinafter as the "Provider") and third natural persons over 18 years of age (hereinafter as the "User") arising from contracts for the provision of services (hereinafter as the "Service Contract") concluded through Provider's website located at the Internet address www.gtowizard.com (hereinafter referred to as the "Website").
1.2. Terms and Conditions form an integral part of Service Contract.
1.3. Service Contract and Terms and Conditions are drawn up in English. Service Contract may be concluded in English.
1.4. Contractual parties agree that Provider may unilaterally amend Terms and Conditions to a reasonable extent. The change to Terms and Conditions shall be notified to User by e-mail to the address indicated in User's account (art. 3). User may refuse to change Terms and Conditions and, in such case, terminate Service Contract in writing within a notice period of one (1) month. This is without prejudice to the provisions of art. 1.5 of Terms and Conditions.
1.5. Upon User's acceptance of the new version of Terms and Conditions, the previous Terms and Conditions shall cease to be effective, and the new version of Terms and Conditions shall become an integral part of Service Contract.
2. CONCLUSION OF SERVICE CONTRACT
2.1. To propose the conclusion of Service Contract, User must register with a third party (for example, a social network operator), whereby User shall propose the conclusion of Service Contract by clicking on the relevant button (hereinafter as the "Registration Request"). The information provided in Registration Request is deemed to be correct for the purposes of Terms and Conditions.
2.2. Following delivery of Registration Request to Provider, Provider shall enable User to activate User's account (hereinafter as the "Acceptance"). Upon delivery of Acceptance to User, Service Contract shall be concluded.
2.3. User agrees that Provider may commence the provision of services under Service Contract immediately after the conclusion of Service Contract, even before the expiry of the statutory period for withdrawal from Service Contract.
2.4. User acknowledges that Provider is not obliged to conclude Service Contract (refuse User's registration), in particular with persons who have previously breached Service Contract (including Terms and Conditions).
2.5. User agrees to the use of remote means of communication for the conclusion of Service Contract. Costs incurred by User in using distance communication means in connection with the conclusion of Service Contract (e.g. internet connection costs) shall be borne by User and shall not differ from the basic rate.
3.1. Based on Service Contract, User can access her/his user interface of Website. From her/his user interface, User can make settings for the service and use the service (hereinafter as the "User Account").
3.2. Each User is entitled to have and administrate only one User Account.
3.3. User is obliged to update the personal data provided in User Account whenever it changes. The data provided by User in User Account is considered correct by Provider.
3.4. Access to User Account is secured by a username and password held by a third party. User is obliged to maintain the confidentiality of the information necessary to access her/his User Account and acknowledges that Provider shall not be liable for any breach of this obligation by User.
3.5. User undertakes not to share with or otherwise provide her/his username and password to a third person. User undertakes not to sell, transfer, or otherwise share User Account with a third person.
3.6. Provider may prevent User from using User Account, in particular if User breaches her/his obligations under Service Contract (including Terms and Conditions).
4. TERMS OF SERVICE
4.1. The service consists of making available information on poker tactics for the purpose of providing User with the opportunity to educate User (hereinafter as the "Service"). Provider does not facilitate participation in gambling within Service. Service is not intended to be used on multiple devices simultaneously.
4.2. Based on Service Contract, User is entitled to access her/his User Account and use Service. Certain enhanced functionality of Service is subject to a fee payable to Provider (hereinafter as the "Enhanced Functionality"). Enhanced Functionality consists of different variants of Service. Such Service variants may correspond to different ways of playing poker (i.e.: MTT, Cash Games, etc.) or as otherwise offered on Website (hereinafter as the "Service Variants"). Further, Enhanced Functionality may be offered in different price tiers as provided on Website (hereinafter as the “Tiers”). Enhanced functionality is also available in a free trial version which lasts for 24 hours since conclusion of Service Contract. The free trial version is tied to User Account and is not transferable. Anyone is allowed to use free trial of Enhanced Functionality only once.
4.3. Service is protected by standard and modern security measures. Service is compatible with standard computer operation systems and internet browsers. Service allows for the storage of certain information by User. Information stored by User within Service may be subsequently deleted by User, except for information necessary for the operation of User Account or for the provision of Service.
4.4. The information stored by User within Service will not be disclosed by Provider to any third party unless Provider implements a different option and User selects such different option in User Account. Provider keeps Users data relating to played poker hands and poker models private. Provider holds the protection of data relating to User’s hands to a high standard employing the most recent safety standards. Those data are secured and only accessible to User. Should User delete such data those data will be also deleted from Provider’s servers.
4.5. Service may not be provided by Provider if its provision is prevented by difficulties on the part of User or other persons. In particular, Service may not be provided by Provider in the event of power outages, data network outages, other disruptions caused by third parties or force majeure.
4.6. The provision of Service may be subject to interruptions, temporary limitations, disruptions, or reductions in the quality of Service. Information stored by User within Service may not be backed up by Provider. User agrees that information stored by User within Service may be corrupted or otherwise degraded by Provider.
4.7. User understands that provisions of educational parts of Service that are dependent on specific person (i.e. live coaching) may be subject to temporary limitations due to the unexpected unavailability of that person. Provider shall, to a reasonable extent, try to remedy the situation and availability of the person.
4.8. User agrees that advertising, including third-party advertising, may be displayed within Service.
4.9. The features of Service may change during the term of Service Contract. However, User explicitly agrees that Provider shall not be obliged to offer updates to Service.
5. CONTENT OF SERVICE CONTRACT
5.1. By Service Contract, Provider undertakes to provide Service to User. In the event that User decides to use Enhanced Functionality of Service, User undertakes by this contract to pay Provider a fee for its use, in accordance with art. 6 of Terms and Conditions.
5.2. If User subscribes for Enhanced Functionality of selected Service Variant (i.e.: MTTs) intending to subscribe for Enhanced Functionality of a different Service Variant (i.e.: HU SNG), Provider may, in justified cases, rectify such situation upon delivery of User’s request.
5.3. Enhanced Functionality of Service is provided to User for a fixed period of time, namely for the period selected by User when subscribing for Enhanced Functionality of Service. After the expiry of this agreed period, if Enhanced Functionality of Service is not paid by User to Provider for the next period, the functionality of Service will be reduced (to the basic functionality). Enhanced Functionality of Service shall automatically renew with the end of the previous applicable period. Automatic renewal of Enhanced Functionality of Service can be cancelled at any time and User shall be able to use Enhanced Functionality until the end of the applicable period.
6.1. If User decides to use Enhanced Functionality of Service, User undertakes to pay Provider a fee for such functionality, namely the fee in the amount displayed in User interface of selected Service Variant and its corresponding Tier. The amount of Provider's remuneration is determined depending on the selected Service Variant, Tier, and the time of use of Enhanced Functionality of Service. Provider's remuneration according to Service Contract is always paid by User in advance (in the form of a fee). Provider does not require the payment of a deposit or any other similar payment.
6.2. Provider's remuneration is paid by User on a regular basis at specified (agreed) time periods. In the event of repeated payment of the fee, User may terminate the use of Enhanced Functionality of Service and stop paying Provider's remuneration for the next regular period not yet paid (Provider's right to the fee for the previous period already paid is not affected).
6.3. In the event that Provider grants User a discount on User's fee for the first time period, the fee for the next period of time will be paid without such discount.
6.4. User who is already using Enhanced Functionality of Service for particular Service Variant may start using higher Tier of such Service Variant if User pays Provider the difference between the originally selected Tier fee paid and the fee for the higher Tier of Enhanced Functionality of the same Service Variant.
6.5. User may pay Provider's remuneration through a third-party payment system.
6.6. The use of Enhanced Functionality of Service by User may only take place after Provider's remuneration has been paid. The possibility to use Enhanced Functionality of Service may be postponed by Provider until the amount of Provider's remuneration is actually credited to Provider's account.
7. USE OF SERVICE
7.1. User must not use Service during a live poker game, including a poker game conducted online (such as real time assistance), or use Service in contravention of any conditions or restrictions set by the person organizing the live poker game. In the event of a breach or suspected breach of the obligation under the preceding sentence by User, Provider may suspend the provision of Service to User. This is without prejudice to art. 11.7 of Terms and Conditions.
7.2. User may not store or distribute information (files) within Service, the content of which is contrary to generally binding legislation in force in the countries where Service is available.
7.3. User may use Software to analyze and upload only poker hands User have personally played. To avoid any doubts, User may not use Software to analyze plays and hands of third parties.
7.4. User may not monetize or otherwise use in commerce, individually or via third-party application, poker ranges, poker trees and poker charts downloaded or otherwise obtained from Service.
7.5. User acknowledges that, unless otherwise provided by generally binding legislation, Provider is not responsible for the settings made by User in User Account.
7.6. User shall not use mechanisms, tools, software or procedures within Service that have or could have a negative impact on the operation of Provider's equipment, the security of the Internet or other Internet users. User shall not burden Provider's server on which Service is operated with automated requests, nor shall User assist a third-party in such activity.
7.7. User is responsible for the compliance of the information stored or distributed by User within Service with generally binding legislation. User acknowledges that Provider is not responsible for the content of the information stored by User. User further acknowledges that Provider is not liable for any unlawful acts of User.
7.8. In the event that any third-party claims any rights against Provider in relation to the information stored by User within Service, Provider shall be entitled to immediately remove the content of the information stored by User within Service.
7.9. Within Service, User may also have access to information (content) provided by third parties, including hyperlinks to such third-party content. User acknowledges and agrees that Provider is not responsible for such content.
7.10. If you believe that you have a gambling addiction, or if you believe someone you know has a gambling addiction, please visit the National Council on Problem Gaming’s website (https://www.ncpgambling.org) for help and for additional information about responsible gaming, problem gaming prevention, and treatment.
8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTUAL PARTIES
8.1. User acknowledges that the computer programs comprising Website are protected by copyright. User undertakes not to carry out any activity that could enable him or third parties to interfere with or use the computer programs for which Provider is the owner or user.
8.2. Provider is not bound by any codes of conduct in relation to User.
8.3. Provider shall provide out-of-court handling of consumer complaints via the electronic address at the contact address (art. 13.5). Provider shall send information on the handling of User's complaint to User's electronic address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from Service Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Provider and User under Service Contract.
8.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6. Provider is authorized to conduct business on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8.7. User agrees that errors may occur in the provision or use of Service. The rights and obligations of the contracting parties regarding the liability of Provider for defects in Services shall be governed by the relevant generally binding legislation. User may exercise its rights arising from Provider's liability for defects in Services by contacting Provider, in particular by e-mail at the contact address (art. 13.5).
8.8. Contractual parties agree that, unless otherwise provided for by generally binding legislation, Provider shall only be liable for culpable breaches of its obligations.
8.9. In the event of damage to User arising in connection with Provider's liability for defects in Service, unless the damage is caused by Provider intentionally or through gross negligence, contractual parties agree to limit the compensation for such possible damage to User, considering the conditions of Service, so that the total compensation for damage, including loss of profit, is limited to USD 100. Contractual parties acknowledge that, considering all the circumstances surrounding the conclusion of Service Contract, the aggregate foreseeable damages, including lost profits, that User may incur as a result of Service defects may be up to a maximum of USD 100.
9. PERSONAL DATA PROTECTION
9.1. Provider fulfils its information obligation towards User within the meaning of article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) by means of a special document designated as information on the processing of personal data (hereinafter as the "GDPR").
10. PERMISSION TO SEND COMMERCIAL COMMUNICATIONS, STORAGE OF COOKIES
10.1. User consents to the sending of information and commercial communications by Provider related to Provider's services or business (plant) to User's address indicated in User Account. Provider fulfils its information obligation towards User within the meaning of article 13 of the GDPR regarding the processing of User's personal data for the purpose of sending commercial communications by means of a separate document.
10.2. Provider fulfils its legal obligations related to the possible storage of cookies on User's device by means of a separate document.
11. DURATION OF SERVICE CONTRACT
11.2. In the event that User has decided to use Enhanced Functionality of Service and has never used Service before, User may withdraw from Service Contract within seven (7) days of the conclusion of Service Contract, without giving any reason.
11.3. In the event that User withdraws from Service Contract pursuant to art. 11.2 of Terms and Conditions, Provider shall refund User the entire fee paid unless:
11.3.1. User pays for Service using crypto assets. Crypto asset shall mean a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology;
11.3.2. User has already been refunded in the past;
11.3.3. User used Service to process 15 000 or more hands (poker game situations);
11.3.4. User breaches any obligation under art. 3.5 of Terms and Conditions;
11.3.5. Service Contract was terminated by Provider under art. 11.7 of Terms and Conditions.
11.4. For avoidance of doubt, a refund shall not be provided to User in situation when User upgrades Enhanced Functionality to higher Tier after seven (7) days of the conclusion of Service Contract.
11.5. Service Contract is concluded for an indefinite period of time. Either party is entitled to terminate Service Contract for any reason or no reason. The notice period shall be seven (7) days and shall commence upon delivery of the notice to the other party. This is without prejudice to the provisions of art. 11.2 of Terms and Conditions.
11.6. In the event that User has opted to use Enhanced Functionality of Service, Service Contract in respect of such Enhanced Functionality is concluded for a fixed term, namely for the period for which Enhanced Functionality of Service has been selected and paid for by User (art. 5.3). After the expiration of the period for which Enhanced Functionality of Service has been agreed, User may resume the use of Enhanced Functionality of Service by clicking on the button reading "Reactivate" within User Account, upon payment of Provider's remuneration for the use of Enhanced Functionality of Service.
11.7. In the event that User breaches any of its obligations under Service Contract (including Terms and Conditions) or under generally binding legislation, Provider may terminate Service Contract. Termination of Service Contract pursuant to this clause shall be effective upon delivery to User. Unless otherwise agreed, Service Contract shall terminate upon the effective date of such termination.
12. SERVICE OF PROCESS - LEGAL ACTION
12.1. Unless otherwise agreed, all correspondence relating to legal proceedings in connection with Service Contract must be delivered to the other party in writing by electronic mail. User shall be served at User's address, i.e. the e-mail address specified in User's account.
13. FINAL PROVISIONS
13.1. The relationship related to the use of Website or the legal relationship based on Service Contract is governed by Czech law, in particular by the Act No. 89/2012 Coll., the Civil Code, as amended. The choice of law pursuant to the preceding sentence does not deprive User who is a consumer of the protection afforded by the provisions of laws which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
13.2. Contractual parties have agreed to the jurisdiction and competence of the courts of the Czech Republic.
13.3. Provider is entitled to assign the rights and obligations under Service Contract to a third party, which User expressly agrees to.
13.4. Service Contract, including Terms and Conditions, is archived by Provider in electronic form and is not publicly accessible.