Betme Gaming

Effective as of 1 March 2021

This Terms of Use contains the terms and conditions of using the betme application (or app) operated by Service Provider (we or us) and used by its user (you, your or User). The processing of your personal data is regulated in the Privacy Policy.

By commencing the use of the app, you express to have understood and consented to the following.

Service Provider

Name:                                                 Betme Entertainment Kft.    

Registered seat:                                 Taborhegyi str.9. ground floor, H-1037 Budapest, Hungary

Name of representative:                     Félix András

Email address:                                     support@betmegaming.com

Company registry no.:                         01-09-375634

Tax number:                                        28826398-2-41

Registering authority:                        Company Registry Court of Budapest-Capital Regional Court

Bank managing the bank account:     OTP Bank

Bank account no.:                               11763031-35051011                          

Barion account ID:                              Betme Entertainment Kft. 01-09-375634                              

Definitions

Service Provider:                                The above stated legal entity providing the Services.

User:                                                   An individual accessing and using the app („you” or „your”).

Service:                                               The application created by Service Provider for the purpose of wagering, participating in tournaments of video games for real money prizing.

User Content:                                     Any content uploaded to the betme app by you (e.g. in-game videos).

betme content:                                   Any content made available on the betme app by Service Provide (e.g. information, advertisements).

betme app:                                         The application on which we provide the Service.

Landing Site                                       https://www.betmegaming.com/

Third Party Site:                                  Any other website besides the Landing Site.

Personal Information:                        Processed personal data which can be found in betme’s Privacy Policy.

Barion:                                               A service provider providing its own service via https://www.barion.com/ You can only withdraw from his/her balance only to his/her Barion or PayPal account. Barion provides its services according to its Terms and Conditions in force at all times.

PayPal:                                               A service provider providing its own service via https://www.paypal.com/ You can only withdraw from his/her balance only to his/her PayPal or Barion account. PayPal provides its services according to its Terms and Conditions in force at all times.

Balance:                                             Your real-money cash balance uploaded to the app and modified by the results of your games, wagers and tournament participations.

eIDAS:                                                 Regulation (EU) No 910/2014 of the European Parliament and Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Privacy Policy

Our Privacy Policy can be found on the landing site (https://www.betmegaming.com/)  and in the betme app. (https://apps.apple.com/hu/app/betme-gaming/id1564447504 )

I. Registration and Eligibility

You are solely responsible for complying with the rules of your country while using the app.

Only persons over the age of 18 are eligible to use the app. You are solely responsible for complying with the required age limit of your country regarding the app.

By registering to the app, you sign up for the Service with an e-mail address by creating an account with the following details:

-          e-mail address

-          password

-          user name

-          billing information

You can sign up to the app by using your Facebook, Google or Apple account, or by means of the registration process available upon clicking on “Sign up!”.

You can view and modify the data provided at the time of the registration before pushing the ‘Sign up!’ button as well as before saving your billing information and as well at a later time.

The contract between you and us is concluded with the registration to the app and the acceptance of these Terms of Use. The contract does not constitute as a written contract. The contract is an English language contract. The acceptance of these Terms of Use will be saved in the user data only once during the registration by the Service Provider.

The registration process is successful, if you confirm the registration via the confirmation link sent to the registering e-mail address.

If incorrect data is entered during the registration, the proper functioning of the app cannot be guaranteed.

You agree to notify us of any unauthorized use of your password and/or account. We are not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your password and/or account.

II. The Service

Service Provider provides the app as a platform which allows you to wager on the result of your own skill-based video game matches and participate in tournaments.

The video games on which you can place your wagers or participate in the related tournaments are not included in the app and are not the products or services of the Service Provider.

Certain functions of the app require you to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider but Service Provider does not take any responsibility for the app not working at full functionality if you do not have access to a properly functioning Wi-Fi connection, or you do not have any data allowance left.

In order to use the app, you must have a compatible device which meets the following minimum specifications:

▪         for Apple devices, iOS.12 or later;

▪         for Android devices, Android 8.0 and later.

You are solely responsible for complying with the technical requirements for the related video games you are placing your wagers on or participating in the related tournaments. You are solely responsible for any issues arising in connection with your video game matches outside the app (e.g. internet connection loss, power outage, etc.).

Wagers

You can place wagers on the result of you own video game matches against others. Wagers can be placed individually or as a team, depending on the nature of the video game played.

The result of the finished match determines which party is entitled to receive the loser party’s wagered amount, minus the Service Provider’s fee.

You can only cancel a wager until you accepted the “Ready check” before a match.

In case of a dispute about the results of a wager, please refer to our Dispute Resolution guide in the app.

Tournaments

Service Provider organizes tournaments for various video games for you to participate in.

You can participate in a tournament individually or as a team, depending on the nature of the video game played.

The details of the tournaments (entry fee, prize distribution, etc.) are specified in the tournament announcements.

Other services

The Service offers a platform in the app for you to upload and share game related contents (e.g. in-game videos, pictures, posts) and comment such content on your own and on other users’ profiles.

The rules for the User Content specified in this Terms of Use shall apply to such contents. The User Content can be shared to other third party sites.

III. Providing the Service

1. License Agreement

The app is licensed, not sold, to you for use only under the terms of this license. Service Provider reserves all rights not expressly granted to you.

This license granted to you for the app by Service Provider is limited to a non-transferable license to use the app on any devices that you own or control. This license does not allow you to use the app on any device that you do not own or control, and you may not distribute or make the app available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the app. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the app, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the app). Any attempt to do so is a violation of the rights of the Service Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Service Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

The license is effective until terminated by you or Service Provider. Your rights under this license will terminate automatically without notice from the Service Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the app, and destroy all copies, full or partial, of the app.

2. Availability

Service Provider is dedicated to providing high quality services and to operate the Service without any outages. However, Service Provider cannot guarantee that the Service will be operated without any errors, outages or interruptions.

Time for planned maintenance is not counted in the uptime calculation. Planned maintenance concerns activities regularly carried out by us to maintain the functionality of the Service; both ordinary and extraordinary. The implementation of the maintenance operations will be communicated to you with at least 48 hours notice by email sent to your email address, or by displaying a notification on the app. We are committed to making every reasonable effort to carry out the planned maintenance tasks at times with minimal impact to the Service.

Service Provider’s customer service is available via e-mail (support@betmegaming.com ) from 10:00 to 17:00 (GMT+1) Monday to Friday. The customer service is available in Hungarian and in English. Service Provider’s customer service undertakes 30 days response time, meaning that any request communicated via the above stated e-mail address will be answered in 30 days at latest.

3. User Content

You are solely responsible for the User Content you post, upload, link or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of the User Contents.

However, Service Provider, upon obtaining knowledge of illegal activity or information and, as regards claims for damages, becomes aware of facts or circumstances from which the illegal activity or information is apparent, acts expeditiously to remove or to disable access to the information. In case of a fraud or litigation, Service Provider will cooperate with authorities and courts to facilitate the clarification of the infringement of law or legal dispute.

We reserve the right to determine whether any User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and suspend or terminate your account with or without prior notice.

When you upload, submit, store, send or receive content to or through the Service, you grant Service Provider a worldwide license to use, host, store, reproduce, communicate, publish, publicly display and distribute such content for the purpose of marketing reference. The rights granted in this license are for the additional limited purpose of operating, promoting, and improving the Service. By uploading such content, you warrant that you have the necessary rights to grant this license for such content.

You are solely responsible for maintaining backup copies of any User Content you upload to the Service. We are not responsible for the deletion or unavailability of any User Content. This includes if we terminate your right to access or use the Service or delete your account for a violation of these Terms. We will have no liability to you for denying your access to any User Content you posted to the Service in the event of a breach of these Terms.

4. Violation, suspension, restriction and termination

We reserve the right to suspend, restrict or terminate your account and prevent access to the Service at our discretion. We reserve the right to refuse to provide the Service to you in the future.

We may review and remove any User Content at any time for any reason, including if you engage in activity which, in our sole judgment:

•          violates these Terms,

•          violates applicable laws, rules or regulations,

•          is abusive, disruptive, offensive or illegal,

•          violates the rights of, or harms or threatens the safety of the users of the Service

You are responsible for any claims, fees, fines, penalties and other liability we or others incur caused by or arising out of your breach of these Terms and your use of the Service.

IV. Pricing, Balance, and Withdrawal

1. Pricing

In case of wagers, 10% of the amount of the total stakes is the Service Provider’s fee.

In case of tournaments, 10% of the amount of the entry fees are the Service Provider’s fee.

The Service Provider’s fee is only charged after the completion of a game or a tournament.

Information about the pricing of any other purchasable services (for example purchasing reports) are available in the application.

The Service Provider’s fees and the fee of any other purchasable service will be invoiced at the end of every month.

You agree and acknowledge that we will issue electronic invoices on the fees of the Service in accordance with relevant Hungarian regulations. You will need to ensure due storage and archiving of such electronic invoices, as required by applicable law. Taking into account the global nature of the internet, we cannot guarantee that the invoice issued is compliant with the accounting regulations of your country as well. All invoices generated will comply with the Hungarian Act CXXVII of 2007 on Value Added Tax.

We may change the pricing of the Service at any time. You will be notified at least 5 days prior the changes via e-mail sent, or by displaying a notification on the app.

2. Balance

You can use your balance directly to wager or participate in a tournament. Balances are managed by Service Provider in USD; all payments are converted to and from USD.

Service Provider manages the amounts in your balance separately from Service Provider’s other revenues and has no right of disposal over the balance. You can use the amount in your balance only and exclusively through the app to pay the wagers and tournament entry fees.

If, for any reason, not a prize payment but a refund of a previously paid but unused amount of money is withdrawn from your balance, it will be indicated that a “Refund Amount” has been made and not a prize payment.

In case we terminate your account for any reason according to this Terms of Use, your balance will be paid out by the above-mentioned method.

3. Balance top-up

You can choose how you want to top up your balance from the following methods:

▪         Top-up by credit card

After entering the amount to be topped up, you must enter your bank card details required for the transaction on Barion of PayPal.

If any payment made by you are executed via the Barion system, Service Provider does not get and store your bank card data. Barion Payment Inc., the provider of this service, is an institution under the authority of the Central Bank of Hungary, its license number is: H-EN-I-1064/2013.

▪         Transfer to the Service Provider’s bank account

You can transfer the amount to be topped up to the bank account of the Service Provider without a minimum top-up amount limit. The transfer must contain the following information necessary to identify you: e-mail. The payment is successful if the amount is credited to Service Provider’s bank account.

4. Withdrawal

The balance can only be transferred to your Barion or PayPal account. You are solely responsible to have an active Barion or PayPal account when requesting a withdrawal.

You will bear all bank costs related to balance withdrawal. Service Provider will charge bank costs incurred by the Service Provider to your account.

V. Prohibitions

The following uses of the Service are prohibited.

You may not:

●       use the Service in a way prohibited by law or violating the rights of others,

●       attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, accounts or the technology and equipment supporting the Service,

●       frame or link to the Service without permission,

●       use data mining, robots or other data gathering devices on or through the Service,

●       post incomplete, false or misleading information, impersonate another person, or misrepresent an affiliation with a person or entity,

●       disclose personal information about another person without permission or harass, abuse or post objectionable material,

●       sell, transfer or assign any of your rights to use the Service to a third party without the permission of Service Provider,

●       post advertising or marketing links or content, except as specifically allowed by these Terms,

●       use the Service after your account has been suspended or terminated, without our consent,

●       use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties and other liability to us or others,

●       access the Service from a jurisdiction where it is illegal or unauthorized,

●       reproduce any part of the Service,

●       undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except as permitted by these Terms, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as we intend,

●       solicit personal information from anyone under the age of 18,

●       promote any criminal activity on the Service,

●       assist or permit any persons in engaging in any of the activities described above.

VI. Liability

You expressly understand and agree that

●       your use of the Service is at your sole risk and the Service is provided on an „as is” and „as available” basis,

●       We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement,

●       We make no warranty that (i) the Service will meet your requirement, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable (iv) the quality of any good or service available on the Service will meet your expectations, or (v) any errors in the Service will be corrected,

●       any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device, or loss of data that results from the download or use of any such material.

We are not responsible for any disputes or disagreements or any other legal matters between you and any third party you interact with using the Service. We are not responsible for any disputes or disagreements or any other legal matters you may have with Barion, PayPal or other intermediated service providers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party.

VII. Limitation of Liability and Indemnification

You expressly understand that neither Service Provider, nor any of its employees or subcontractors will undertake any liability for any losses, damages, expenses (including, without limitation, any lost profit, indirect, collateral or consequential losses as well) that may incur as a result of visiting or usage of the app. You may use the app exclusively at your own risk, and accepts that beyond liability for breach of contract caused willfully, by gross negligence or by a felony offense, or damaging life, physical integrity or health, Service Provider excludes all liability for any pecuniary or non-pecuniary damage incurred in the course of usage.

Service Provider excludes all liability for your activities. You shall be fully and exclusively liable for your own activity; Service Provider will fully cooperate with the proceeding authorities to facilitate exploration of any breaches of law.

The app may contain linking points (links) leading to other service providers' websites. Service Provider excludes all liability for the data processing practice, and other activities of such service providers.

Service Provider is entitled, but not obliged to monitor the contents you made. In respect of the contents published, the Service Provider is entitled, but not obliged to search for indications of unlawful activities.

Service Provider excludes all liability for any operation or content errors or defects that may occur incidentally, directly or indirectly, in the course of visiting or using the app. Furthermore, Service Provider does not assume any liability for any errors occurring as a result of the provision of incorrect data.

To the extent permitted by law, Service Provider will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Service Provider for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Service.

Due to the global character of the Internet, you undertake to proceed in compliance with the provisions of all applicable national measures in the course of using the app. If any activity related to using the app is not permitted according to the laws of the your country, you shall exclusively bear responsibility for such usage.

Should you become aware of any questionable contents on the app, he/she shall promptly notify the Service Provider. If the Service Provider, in its good faith procedure finds such a notification well-grounded, it is entitled to promptly delete or modify the information in question.

You agree to defend, indemnify and hold harmless the Service Provider from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from

●       your use of or reliance on any third-party content or User Content

●       your use of or reliance on any betme content

●       your breach of these Terms.

VIII. Confidentiality and security

Service Provider implements and maintains appropriate technical and organizational measures to protect you and your data. Those measures shall be described on the app and will be reviewed from time to time.  However, Service Provider cannot guarantee, beyond taking the reasonable steps to prevent any breaches or intrusions.

You are solely responsible for making an independent determination as to whether the technical and organizational measures for the Service meets your requirements, including any of your security obligations under applicable data protection laws and regulations. You acknowledge and agree that (taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes) the security practices and policies implemented and maintained by Service Provider provide a level of security appropriate to the risk with respect to its data. You are responsible for implementing and maintaining security measures for components that you control (such as your client applications and credentials).

You must notify us promptly about any possible misuse of your accounts or authentication credentials or any security incident related to the Service.

IX. Term and Termination

These Terms, as amended, will be effective commencing with your first use or registration of the Service and will remain in full force and effect throughout your use of the Service, until such time as you terminate your account or we terminate your account, subject to the survival provision of these Terms.

We may terminate your use of the Service or any features or functionalities of the Service at any time and for any reason, with or without notice, for conduct violating these Terms or upon our sole determination. You hereby agree to our broad right of termination.

We will retain your data stored in the Service for the period of the backup saving cycle after termination of your account. After this data retention period ends, we will delete the data, unless we are permitted or required by applicable law to retain such data or authorized in this agreement or in the Privacy Policy.

X. Consumer rights

1.Right to withdraw or cancel

You may exercise your right to withdraw by sending a clear statement to Service Provider in a message sent to Service Provider’s e-mail address.

You expressly acknowledge that according to Section 29 of the 45/2014. (II.26) Government decree of Hungary, you may not exercise your right of withdrawal/cancellation in case of a service contract after the performance of the service as whole, if the performance of the service was started by the Service Provider with the express prior consent of you, and you acknowledged that you lose the right of withdrawal/cancellation after the performance of the entire service.

Your act of entering into this contract, the completion of the registration process and entering the app, and thereby accessing the Service in accordance with the provisions of these Terms, constitutes the commencement of the provision of the service with your express prior consent.

2. Complaints

In case you have any complaints in connection with the Service, you can send your complaints via post to the registered office of the Service Provider at Retek str. 17., 1st Floor 4., H-1024 Budapest, Hungary, or via e-mail to support@betmegaming.com.

Your complaint will be investigated, and you will be notified of the result within 30 days.

In case you are not satisfied with the result, you have the right to contact the following organization:

Budapesti Békéltető Testület

99 Krisztina krt. II/310., 1016 Budapest, Hungary

3. Warranty rights

3.1. Warranty

On the basis of these terms, Service Provider shall be liable to provide warranty for lack of conformity.

On the basis of warranty rights, you shall have the option:

a) to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of the Service Provider as compared to the alternative remedy, taking into account the value the service would have had there been no lack of conformity, the significance of the non-performance, and the harm caused to you upon compliance with the warranty right; or

b) to ask for a commensurate reduction in the consideration, repair the defect himself or have it repaired at the Service Provider’s expense, or to withdraw from the contract if Service Provider refuses to provide repair or replacement or is unable to fulfill that obligation under the conditions described below, or if repair or replacement no longer serves your interest.

Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the obligee, taking account of the nature of the service and the purpose for which the obligee required the service.

You shall be required to inform Service Provider of any lack of conformity within two months of the time it is detected. You shall be liable for any damage that results from late notification. Your right to warranty shall lapse after two years from the fulfillment of the contract.

As regards any part of the service that has been repaired or replaced, the limitation period for the right to warranty shall recommence. This provision shall apply also when another defect emerges in consequence of the repair.

Within six months of the fulfillment of this contract, the warranty claim is not subject to any condition other than the reporting of the defect. However, after six months of the fulfillment, you are required to prove that defect detected was already at the time of fulfillment.

3.2. Commercial guarantee

Service provider does not offer commercial guarantee nor is he obligated to do so by any law.

4. Code of conduct

Service Provider does not have a code of conduct for its commercial practices.

XI. Applicable Law

These Terms of Use and your use of the app are governed by the laws of Hungary and the European Union.

XII. Modification of the Service and the Terms of Use

We may make changes to the Service from time to time. We may modify or terminate any element of the Service at our discretion, at any time.

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the app from time to time to view any such changes in the Terms of Use. If you continue to use the app, and/or the Service you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on the app and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Service Provider’s rights shall not be valid or effective except publishing it on the app.

XIII. Copyright

The app and the Landing Site falls under copyright protection. Service Provider is the copyright holder or the authorized user of all contents displayed on the app and in the Landing Site and in the course of providing the services accessible via the app: any copyrighted works or other intellectual property (including, among others all graphics and other materials, the layout, the structure of the surface of the app, the software and other solutions, ideas, implementations used).

All trademarks (brand names, logos etc.) are owned or licensed by Service Provider. Neither registration nor using the app, or any provisions of the Terms of Use provide you any right to use or utilize any commercial names or trademarks of Service Provider.

Beyond displaying as part of normal use of the app and the Landing Site, as well as any temporary reproduction or private copying necessary thereto, such intellectual properties may not be used or utilized in any other form or manner without the prior written consent of Service Provider. You may study the app, create an extract copy thereof by means of printing, saving to a disk and transferring to another person; however, all such uses shall exclusively be for a personal, informative purpose, may not serve commercial purposes, and shall involve the name and contact information of Service Provider in connection with all such uses. No copies of parts of the app may be sold or transferred for a commercial profit, and no parts of the app may be amended or incorporated into another app, work, publication or website, either electronically or in any traditional manner. Beyond those stipulated herein, Service Provider grants no authorization or rights to you in relation to the app and the Landing Site, and the contents accessible via the app and the Landing Site.

The Service allows you to upload, submit, store, send or receive content, including confidential information and copyrighted content. You retain ownership of any intellectual property rights that you hold in that content.

You agree that you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.

XIV. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you and us nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provision of these Terms remain in full force and effect.

The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.

Service Provider may assign or delegate these Terms of Use and/or the Service Provider’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.

You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Service Provider’s prior written consent, and unauthorized assignment and delegation by you is void.

The previous versions and the Terms of Use in effect are stored by the Service Provider. The Terms of Use in effect is available in the app. The previous versions are available via the betme customer service.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these Terms of Use. Your further acknowledge that these Terms of Use together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that is supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.