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Terms and Conditions-Legal Notice

1. Identification of the Platform Owner.

These General Terms and Conditions of Use and Services (the "Terms") govern access, registration, use, and contracting of services through the PREMIUMPAY platform (hereinafter, the "Platform").

The Platform is owned by BETANDEAL USA, CORP., a company incorporated under the laws of the State of Florida (U.S.), with its registered office at 2655 S LE JEUNE RD STE 905, CORAL GABLES, FL 33134, United States, and EIN 88-2679370 (hereinafter, "BETANDEAL").

For the purposes of communications, notifications, and issues related to the Platform, the user may contact BETANDEAL through the support channels available on the Platform at any time, as well as via email at the contact address published on the Platform.

For matters related to the processing of personal data of users residing in the European Union, BETANDEAL USA, CORP. has designated a representative in the European Union in accordance with Article 27 of Regulation (EU) 2016/679. The representative’s identity and contact details are set forth in the Platform’s Privacy Policy.

2. Purpose and Scope of Application.

The purpose of the Platform is to provide a technological and commercial environment for:

  1. the management of affiliate programs, promotion, and acquisition of traffic, leads, users, buyers, or customers for third-party advertisers, operators, brands, or service providers;
  2. the promotion, marketing, or sale of content, subscriptions, digital services, predictions, picks, tips, memberships, or other products or services offered on the Platform;
  3. connecting different types of users, including affiliates, publishers, tipsters, content creators, sellers, advertisers, business partners, and end buyers.

These Terms apply to any user who accesses, browses, registers, uses, or contracts through the Platform. For these purposes:

  1. the General Provisions (Sections 1 through 13) apply to all users;
  2. the Special Terms for Affiliates, Publishers, Tipsters, Sellers, and Professional Partners (Sections 14 to 21) apply exclusively to those operating on the Platform for business, professional, or commercial purposes;
  3. the Special Terms for End Buyers (Sections 22 to 27) apply to those who purchase content, subscriptions, or services through the Platform, including consumers where applicable.

In the event of a conflict between general provisions and special provisions, the latter shall prevail insofar as they specifically govern the relevant user category.

3. Definitions.

For the purposes of these Terms, the following definitions shall apply:

Affiliate: a user who promotes third-party campaigns, products, or services through links, codes, banners, creative content, or other promotional activities.

Advertiser: a third party that owns campaigns, products, or services promoted through the Platform.

End Buyer: a user who purchases, contracts, or accesses content, products, or services offered on the Platform.

Consumer: a natural person acting for purposes unrelated to their business, commercial, trade, or professional activities, in accordance with the applicable law in their jurisdiction of residence.

Digital Content: any content, access, membership, forecast, pick, tip, subscription, training material, informational service, or digital product offered on the Platform.

Campaign: a promotional, commercial, or advertising initiative enabled on the Platform, with specific conditions regarding access, dissemination, attribution, validation, and compensation.

Account: a user profile registered on the Platform.

Fraudulent Traffic: any traffic, registration, conversion, sale, lead, user, purchase, or activity that, based on objective technical analysis, is found to be false, simulated, artificial, automated, manipulated, improperly incentivized, duplicated, abusive, or contrary to these Terms or the Campaign’s conditions. The determination of fraud is the responsibility of BETANDEAL and/or the Advertiser, based on verifiable technical criteria. The consequences of such a determination shall be subject to the procedure set forth in Section 17.

Services: all features, tools, programs, content, integrations, payment mechanisms, access, or intermediation offered by BETANDEAL through the Platform.

4. Nature of the Platform and BETANDEAL’s Role.

BETANDEAL operates the Platform primarily as a provider of technological and commercial infrastructure for the connection, management, promotion, distribution, monitoring, validation, and, where applicable, technical or administrative intermediation regarding Campaigns, content, subscriptions, services, or digital products offered through the Platform.

Unless expressly, specifically, and unequivocally stated in the product listing, in the applicable specific terms, or in the corresponding contractual confirmation, BETANDEAL does not act as a seller, material provider, end licensor, merchant of record, or substantive provider of the content, product, or service offered by third parties through the Platform. In such cases, BETANDEAL will limit itself to providing technological infrastructure services, digital distribution, technical support, administrative management, technical payment processing, tracking, validation, operational support, or commercial intermediation, as applicable.

When content, a product, or a service is offered by a third party, the identity of the third-party provider, seller, or supplier will be stated in the product listing, checkout, purchase confirmation, specific terms, or equivalent support provided by the Platform, where applicable.

Unless expressly stated otherwise in an offer, product listing, specific terms, or specific contractual communication, BETANDEAL does not guarantee:

  1. the admission of any user to a specific Campaign;
  2. the continuity, permanence, or availability of a Campaign, product, or service;
  3. a specific volume of traffic, sales, leads, conversions, revenue, or commissions;
  4. the financial profitability of using the Platform;
  5. the uninterrupted availability of the Platform or of third-party services integrated into it;
  6. the accuracy, legality, quality, continuity, or suitability of content, products, or services offered by third parties.

BETANDEAL’s involvement in the technical provision of payment, checkout, access, activation, tracking, reporting, operational support, or validation systems shall not in itself imply that BETANDEAL assumes the status of seller, material provider, or guarantor of the third-party content or service.

5. Registration and Account Creation.

To access certain features or make purchases through the Platform, you must create an Account and expressly accept these Terms and the Privacy Policy.

The user guarantees that all information provided during registration and throughout the contractual relationship is accurate, complete, truthful, and up-to-date. The user must keep their information up-to-date at all times and notify BETANDEAL of any relevant changes.

BETANDEAL may request additional documentation at any time to verify the user’s identity, age, representation, activity, ownership, residence, tax information, payment methods, or any other information relevant to the proper management of the relationship.

BETANDEAL may accept, reject, suspend, or cancel any registration request or Account for operational, reputational, regulatory, tax, technical, commercial, or risk-related reasons. BETANDEAL is under no obligation to disclose the reasons for rejecting a registration or access request.

The Account is personal and non-transferable. The user is responsible for safeguarding their login credentials and for all activity conducted through their Account. The user must immediately notify BETANDEAL of any unauthorized use of their Account or credentials.

6. Electronic Acceptance and Contractual Validity.

The user expressly acknowledges the full validity and effectiveness of the contract entered into by electronic means.

Acceptance of these Terms may occur, among other means, by:

  1. checking express acceptance boxes;
  2. creating an Account with active confirmation;
  3. acceptance via email;
  4. acceptance via dashboard, private area, or integrated tool;
  5. electronic or digital signature;
  6. purchasing or paying for services or content through the Platform.

In contracts with professional users (non-consumers), continued use of the Platform or any active Campaign following notification of modifications shall constitute acceptance thereof. In contracts with consumers, an express affirmative act of acceptance shall be required for substantial modifications, in accordance with the provisions of Section 10.

Electronic records, logs, technical traces, emails, timestamps, internal confirmations, dashboards, and other digital evidence retained by BETANDEAL shall constitute valid proof of acceptance, operations, transactions, validations, and communications, unless there is contrary evidence of a manifest error or a proven technical incident.

7. General Obligations of All Users.

All users agree to:

  1. use the Platform lawfully, diligently, and in good faith;
  2. not use it for unlawful, fraudulent, deceptive, or any purpose contrary to these Terms;
  3. not infringe upon the rights of third parties or applicable law in their jurisdiction;
  4. not introduce viruses, bots, scripts, automated programs, or mechanisms that may alter, interfere with, or compromise the operation of the Platform;
  5. not use false identities or impersonate third parties;
  6. not manipulate metrics, access, attribution systems, tracking, payments, or conversions;
  7. not use robots, spiders, crawlers, scrapers, automated data extraction tools, or any other automated mechanism to access, index, copy, monitor, extract, or reproduce any part of the Platform or its content, nor to circumvent the technical control or access measures implemented by BETANDEAL;
  8. comply at all times with applicable law regarding personal data protection, advertising, unfair competition, and, where applicable, sector-specific gaming regulations.

8. BETANDEAL’s Control, Supervision, and Moderation Powers.

BETANDEAL may, at any time, take the following control and supervision measures regarding the Platform:

  1. review profiles, Accounts, Campaigns, materials, posts, or content linked to the Platform;
  2. request additional information regarding the user’s activities;
  3. limit, restrict, or suspend access or functionality;
  4. reject, pause, or remove Campaigns, content, or products;
  5. block, suspend, or cancel Accounts in accordance with the procedure set forth in Section 11;
  6. withhold outstanding balances as a precautionary measure in the cases and within the limits set forth in Section 19.

In dealings with professional users, the exercise of the foregoing powers shall not require prior notice, except in cases where these Terms establish a specific procedure. BETANDEAL may notify the measures taken simultaneously with or after their implementation when technical, operational, regulatory, or security circumstances so warrant.

In relations with consumers, BETANDEAL will endeavor to notify the user of restrictive measures simultaneously with their adoption. In cases of technical urgency, regulatory risk, a request from an authority, or ongoing fraud, notification may occur after the measure has been adopted.

The exercise of these powers shall not give rise to any right to compensation or indemnification, except in cases where a mandatory provision expressly provides otherwise or where the measure is exclusively attributable to an error on the part of BETANDEAL.

Access to and navigation of the Platform does not entitle users to its continuous, uninterrupted, or permanent availability, nor does it guarantee that certain content, features, Campaigns, or materials will remain published or accessible at all times. BETANDEAL may modify, remove, or restrict access to any content or feature of the Platform without this giving rise to a right to compensation, except in cases where a mandatory provision expressly provides otherwise.

9. Intellectual Property.

All rights to the Platform, its software, structure, design, databases, tools, interfaces, texts, trademarks, trade names, logos, content, graphic elements, features, and documentation belong to BETANDEAL or its licensors and are protected by applicable intellectual property laws.

BETANDEAL grants the user a limited, personal, non-exclusive, non-transferable, revocable license without the right to sublicense to access and use the Platform and its content to the extent strictly necessary for the permitted use in accordance with these Terms and, where applicable, the specific applicable conditions. Such authorization shall automatically terminate upon cancellation of the Account or upon its express revocation by BETANDEAL.

Except for the limited authorization set forth above, nothing in these Terms implies any assignment, transfer, waiver, or general license in favor of the user.

It is prohibited to:

  1. copy, reproduce, distribute, transform, adapt, or exploit the Platform or its elements without prior written authorization;
  2. register domains, profiles, names, or signs that are confusingly similar to those of BETANDEAL, PREMIUMPAY, or affiliated third parties;
  3. use BETANDEAL trademarks or materials outside the scope expressly authorized in each Campaign or agreement.

10. Modifications to the Terms and the Platform.

BETANDEAL may modify these Terms when there is just cause, including regulatory changes, regulatory requirements, security reasons, new features, or adjustments to operational and commercial conditions.

For professional users (non-consumers): substantial modifications will be notified with a minimum of fifteen (15) calendar days’ advance notice prior to their entry into force, via email to the address registered in the Account or via a notice on the Platform. Continued use of the Platform or any active Campaign after the amendments take effect shall imply acceptance thereof. If the user does not agree with the notified amendments, they may request the cancellation of their Account within the notice period, without this giving rise to any right to compensation for expected income, ongoing Campaigns, or loss of business opportunities, unless otherwise agreed in writing.

For consumers: substantial amendments will be notified with a minimum of thirty (30) calendar days’ notice. Consumers who do not accept the amendments may terminate the contract at no cost and without penalty during the notice period by notifying us through the channels provided on the Platform.

Non-substantial modifications, including corrections of typographical errors, clarifications, formal adjustments, or adaptations to regulatory changes of limited scope, will take effect upon their publication on the Platform, without the need for the aforementioned notice.

BETANDEAL will keep the current version of the Terms available on the Platform, indicating the date of the last update.

11. Account Suspension, Blocking, and Closure.

BETANDEAL may suspend, restrict, block, or cancel any user’s Account, in whole or in part, temporarily or permanently, if any of the following circumstances arise:

  1. material breach of these Terms;
  2. objective evidence of fraud, manipulation, or misuse;
  3. regulatory non-compliance or verifiable regulatory risk;
  4. lack of documentation or unjustified refusal to provide information required based on legal or compliance obligations;
  5. prolonged inactivity exceeding twenty-four (24) months;
  6. serious security incidents or substantiated reputational risk;
  7. requests from a competent authority;
  8. false, inaccurate, or outdated data not corrected within the required timeframe.

Rules for Professional Users: In cases of proven fraud, technical emergency, regulatory risk, or a request from an authority, BETANDEAL may take the measure immediately without prior notice. In all other cases, BETANDEAL will notify the user of the reasons for the measure and grant them a reasonable period, not less than forty-eight (48) hours, to submit a response.

Rules for Consumers: Except in cases of proven fraud, technical emergency, regulatory risk, or a request from an authority, BETANDEAL will notify the consumer of the reasons for the action and grant them a period of five (5) business days to submit a response before proceeding with the permanent cancellation of the Account.

In all cases, the suspension or closure of the Account shall not extinguish the user’s outstanding obligations nor prevent BETANDEAL from claiming the amounts due to it, nor the user from claiming the validated and final balances owed to them in accordance with these Terms.

12. General Limitation of Liability.

To the fullest extent permitted by applicable law, BETANDEAL shall not be liable for:

  1. indirect, incidental, special, punitive, or consequential losses, nor for loss of profits, revenue, customers, reputation, opportunity, or business that were not foreseeable at the time of contracting;
  2. acts, omissions, or breaches by third-party users, advertisers, sellers, creators, tipsters, payment processors, external platforms, or technology providers, including their errors, interruptions, or breaches of contract;
  3. temporary unavailability, interruptions, technical errors, incompatibilities, delays, or incidents arising from third-party integrations or services;
  4. business decisions made by advertisers, buyers, sellers, or third-party providers;
  5. regulatory, tax, sector-specific, or territorial changes affecting the use of the Platform, Campaigns, or services;
  6. mere expectations of profit, profitability, or economic success not backed by an express, written guarantee.

When BETANDEAL acts with respect to third-party content, products, or services, its liability shall be limited to the reasonable proper functioning of the technological infrastructure under its direct control and to any obligations mandatorily imposed on it under applicable law.

To the fullest extent permitted by applicable law, the platform and all third-party content, products, or services are provided "as is" and "as available," without any express or implied warranties, including, to the extent permitted by applicable law, warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

BETANDEAL assumes no liability for the material content, accuracy, quality, legality, continuity, suitability, or results of third-party products or services, except in cases of willful misconduct or gross negligence on the part of BETANDEAL or when, having actual knowledge of a manifest illegality, it has failed to take reasonable measures within a reasonable timeframe.

To the fullest extent permitted by applicable law, BETANDEAL’s total aggregate liability to professional users arising from a claim or set of claims related to these terms shall not exceed, in the aggregate, the amount actually received by BETANDEAL from the claimant user during the six (6) months immediately preceding the event giving rise to the claim or, if such amount is lower, five hundred U.S. dollars (USD 500).

Nothing in this Section shall limit or exclude BETANDEAL’s liability in cases where such limitation or exclusion is not permitted by mandatory provisions of applicable law, including, where applicable, consumers’ non-waivable rights, liability for willful misconduct, and any other cases in which the limitation of liability is legally ineffective.

13. General Indemnity in Favor of BETANDEAL.

Any user operating on the Platform for business, commercial, or professional purposes, including affiliates, publishers, tipsters, sellers, and partners, agrees to defend, indemnify, and hold harmless BETANDEAL, its directors, employees, and representatives from any claim, action, damage, penalty, cost, expense (including reasonable attorneys’ fees), or liability directly arising out of:

a) a material breach of these Terms attributable to the user;
b) fraudulent, deceptive, or unlawful use of the Platform;
c) infringement of third-party rights by the user’s content or actions;
d) regulatory, tax, advertising, unfair competition, or data protection violations directly attributable to the user.

For these purposes, any user accessing the Platform for business or commercial purposes shall be presumed to be a professional user, unless the user provides conclusive evidence to the contrary.

This obligation does not apply to damages caused by willful misconduct or, where legally not excluded, gross negligence on the part of BETANDEAL. It does not apply to users who provide conclusive proof of their status as consumers in accordance with the laws of their jurisdiction.

SPECIAL TERMS FOR AFFILIATES, PUBLISHERS, TIPSTERS, SELLERS, AND PROFESSIONAL PARTNERS

14. Access to Campaigns and Professional Services.

Access to Campaigns, programs, products, tools, promotional materials, or specific financial terms is not automatic and is in all cases subject to the prior and discretionary approval of BETANDEAL and, where applicable, the Advertiser. BETANDEAL is not obligated to disclose the reasons for rejecting an access request.

BETANDEAL may at any time:

  1. approve or reject requests for access;
  2. revoke access already granted, in accordance with the procedure set forth in Section 11;
  3. modify territories, caps, attribution windows, commission models, permitted traffic sources, verticals, or validation requirements, with at least fifteen (15) days’ notice, except in cases of fraud, technical emergency, or at the Advertiser’s request;
  4. withdraw Campaigns in whole or in part.

Access to a Campaign does not create a vested right to its maintenance, renewal, or continuation beyond the commitments expressly undertaken.

15. Special Obligations of the Affiliate or Partner.

The affiliate, publisher, tipster, seller, or professional partner further agrees to:

  1. act at all times as an independent professional, complying with their own tax, labor, and commercial obligations;
  2. comply with applicable law in all jurisdictions where they operate, including specific regulations of the gaming sector where applicable;
  3. not present BETANDEAL as an employer, principal, partner, franchisor, or guarantor;
  4. not make any promises, statements, or guarantees not expressly authorized in writing;
  5. not use illegal, deceptive, or aggressive solicitation techniques;
  6. notify BETANDEAL, when reasonably requested to do so, of the channels, websites, domains, social media platforms, advertising accounts, traffic sources, and formats used.

16. Advertising, Compliance, and Disclosures.

The affiliate or partner shall be solely responsible for complying with all regulations applicable to their promotional activities, publications, advertisements, mentions, recommendations, creative materials, or content, including:

  1. advertising and unfair competition regulations applicable in their jurisdiction;
  2. specific regulations of the promoted sector, in particular the regulation of commercial communications regarding gaming activities in each territory;
  3. mandatory disclosure or advertising transparency obligations;
  4. restrictions on advertising directed at minors or individuals listed on gambling self-exclusion registries;
  5. data protection regulations regarding the collection and processing of third-party data.

The following are expressly prohibited:

  1. engage in misleading, covert, or unlabeled advertising as commercial content;
  2. promise unverifiable profits, benefits, returns, or results, or those not expressly authorized in writing;
  3. use false or unverified testimonials;
  4. use trademarks, names, or materials without prior written authorization;
  5. target Campaigns at prohibited territories or audiences, including minors;
  6. violate specific restrictions of the promoted sector.

BETANDEAL may at any time require the modification, removal, or immediate cessation of any advertisement, publication, creative, landing page, or promotional action linked to the Platform that violates applicable law or BETANDEAL’s instructions.

17. Fraudulent Traffic and Prohibited Practices.

17.1 Cases of Fraudulent Traffic.

Fraudulent Traffic shall be deemed to include, among other instances:

  1. bots, scripts, or automated systems that simulate human activity;
  2. incentivized traffic not expressly authorized by BETANDEAL;
  3. self-referrals or self-dealing;
  4. false or duplicate registrations;
  5. abuse of promotions, bonuses, or reward systems;
  6. cookie stuffing, unauthorized brand bidding, ad hijacking, typosquatting, spoofing, or scraping;
  7. accounts with no real activity or statistically anomalous patterns based on objective technical criteria.

17.2 Classification Criteria.

The classification of Fraudulent Traffic will be based on objective and verifiable technical criteria, such as statistical activity patterns, IP analysis, session durations, anomalous conversion rates, comparisons with industry benchmarks, or other technical tracking metrics. BETANDEAL will document the evidence and criteria applied.

17.3 Consequences.

A well-founded determination of fraud shall entitle BETANDEAL to take the precautionary measures provided for in Section 17.4; void affected results; reverse improperly generated commissions; cancel Campaigns; and close the Account in accordance with the procedure set forth in Section 11. BETANDEAL may also claim damages actually caused and proven.

17.4 Procedure Upon Detection of Fraud.

Upon detection of indications of Fraudulent Traffic, BETANDEAL may immediately and without prior notice adopt the following precautionary measures: withholding of outstanding balances corresponding to the suspicious traffic; temporary pause or suspension of access to Campaigns; and provisional blocking of the Account.

Within five (5) business days of taking precautionary measures, BETANDEAL will notify the user of the technical evidence detected. The user will have ten (10) business days to submit arguments and provide evidence. BETANDEAL will issue a reasoned decision within an additional ten (10) business days, and may confirm the precautionary measures, lift them, or convert them into definitive measures.

The initiation of the internal review procedure shall not oblige BETANDEAL to lift the precautionary measures adopted or to keep the Campaigns active during its processing.

18. Validation, Tracking, and Recognition of Results.

Any commission, fee, incentive, or remuneration shall be subject to the final validation of the results by BETANDEAL and, where applicable, by the Advertiser. BETANDEAL shall provide the user, through the dashboard or enabled reporting system, with reasonable access to the tracking data and attribution metrics corresponding to their activity.

The data, metrics, records, logs, reports, and systems of BETANDEAL or the Advertiser shall constitute the primary reference for contractual purposes, unless there is sufficient evidence to the contrary based on objective technical evidence. They may only be challenged by providing sufficient proof of a manifest material error, understood as an objectively verifiable discrepancy not attributable to methodological, technical, or attribution differences, time windows, configuration, or integrations between different systems.

In the event of disagreement with BETANDEAL’s data, the user must notify BETANDEAL in writing within fifteen (15) calendar days of receiving the corresponding report, providing a specific description of the discrepancy and sufficient technical documentation. If this period elapses without written notification of disagreement, BETANDEAL’s data shall be deemed definitively accepted for the corresponding period.

BETANDEAL may analyze the incident within a timeframe it deems reasonable, taking into account the technical complexity of the case. Upon a well-founded request from the professional user, and provided there is a material discrepancy, BETANDEAL may allow a limited technical review of the incident, either directly or through an independent third party subject to confidentiality, without access to trade secrets, data from other clients, critical systems, security information, or protected third-party information.

No payment shall be made with respect to:

  1. traffic not validated according to objective technical criteria;
  2. conversions that have been canceled, reversed, or affected by chargebacks or equivalent issues;
  3. duplicate records or those rejected by the system;
  4. activity classified as fraudulent in accordance with the procedure set forth in Section 17;
  5. sales or results incorrectly attributed due to proven non-compliance with technical integration instructions;
  6. results whose traceability cannot be reasonably verified.

19. Compensation, Billing, Withholdings, and Adjustments.

The financial terms applicable to each Campaign, fixed action, or professional service shall be those determined by BETANDEAL on the Platform, in individual communications, annexes, insertion orders, specific terms, or dashboards.

Unless expressly agreed otherwise:

  1. there shall be no enforceable right to payment until the balance is recorded as validated, approved, and payable in accordance with the criteria of Section 18;
  2. the user must issue the corresponding valid and complete invoice when required by applicable tax regulations;
  3. payments will be made within the timeframes and by the means indicated in the financial terms applicable to each Campaign or agreement.

Precautionary Withholdings: BETANDEAL may withhold outstanding balances when there are justifiable grounds, including indications of fraud, ongoing internal investigations, compliance verification procedures, pending chargebacks from the Advertiser, reasonable AML/KYC risks, or regulatory requirements. BETANDEAL’s precautionary withholdings shall be limited, to the extent reasonably possible, to the amount affected by the incident or to the amount for which there is a verifiable risk. Withholdings may be maintained for as long as the cause giving rise to them persists. In the absence of judicial or administrative proceedings or an active investigation duly communicated to the user, the precautionary withholding may not be maintained for a period exceeding one hundred eighty (180) calendar days without a reasoned decision.

Retroactive adjustments and clawbacks: BETANDEAL may make retroactive adjustments and clawbacks within twelve (12) months following the close of the settlement period to which they pertain. This period may include any necessary adjustments to reflect reversals, chargebacks, or penalties imposed by the Advertiser that were communicated to BETANDEAL prior to the expiration of the twelve (12) month period, even if their technical or accounting processing occurs at a later date. Once the twelve (12)-month period has elapsed since the close of the settlement period, settled balances that have not been disputed in a timely and proper manner shall be considered final for the purposes of any claim by the user. This finality does not affect BETANDEAL’s actions arising from intentional fraud, which shall be subject to the applicable statute of limitations in each case.

Any adjustment or clawback will be notified to the user, indicating the cause, the affected period, and the amount. The user may use the objection procedure set forth in Section 17.4 to challenge it.

BETANDEAL may also offset balances owed to the user against amounts owed by the user to BETANDEAL for any reason arising from these Terms.

20. Fixed Actions, Deliverables, and Exclusivity.

When fixed actions, publications, deliverables, mentions, appearances, integrations, sponsorships, or paid collaborations are agreed upon, the professional partner must execute them in full, on time, in accordance with the instructions received, and with the required quality.

Exclusivity with respect to the sector, vertical, product, service, Campaign, brand, channel, or time period must be expressly agreed upon in writing, specifying the scope, duration, and consideration. Exclusivity shall not be presumed in the absence of a specific written agreement.

Total or partial failure to fulfill a fixed action, deliverable, or expressly agreed-upon exclusivity commitment shall entitle BETANDEAL to:

  1. terminate the specific agreement in breach, upon prior notice to the partner;
  2. cancel outstanding amounts corresponding to the unfulfilled deliverables;
  3. demand the return of amounts received in advance for unfulfilled deliverables;
  4. claim damages actually caused and proven.

21. Independent Relationship Between the Parties.

The relationship between BETANDEAL and the affiliate, publisher, tipster, seller, or professional partner is strictly commercial and independent. Nothing in these Terms shall imply the existence of an employment relationship, commercial agency, power of attorney, franchise, joint venture, partnership, or legal representation.

The partner may not act on behalf of BETANDEAL or assume commitments on its behalf without express written authorization. Each party shall act as an independent contractor, being responsible for its own tax, employment, and social security and similar statutory obligations.

SPECIAL CONDITIONS FOR END BUYERS (USERS)

22. Purpose of Purchases and Contracts.

Through the Platform, end buyers may purchase or contract digital content, predictions, picks, tips, subscriptions, memberships, premium access, information services, digital services, or other products or services offered at any given time. The information published in each listing, offer, description, checkout, or contract page shall form an integral part of the contractual relationship.

BETANDEAL will provide the user, prior to order confirmation, with the pre-contractual information required by applicable law based on the type of user, the nature of the content or service, and the user’s jurisdiction of residence.

23. Nature of the Content and No Guarantee of Results.

Unless expressly stated otherwise in the product or service listing, offer, or specific terms, the content offered through the Platform is for informational, recreational, educational, predictive, entertainment, or digital access purposes, depending on its specific nature.

Unless expressly stated otherwise, BETANDEAL does not act as a gambling operator or gambling intermediary, nor does it directly provide gaming services through the Platform. BETANDEAL does not guarantee financial results, accuracy, success, profit, return, gain, or performance derived from the use of forecasts, picks, tips, analyses, recommendations, or similar content. Any decision made based on content acquired through the Platform is made under the sole responsibility of the purchaser.

Access to content related to betting activities, sports predictions, or gambling is reserved for users who meet the minimum age, residency, location, and other requirements established by the applicable law in their jurisdiction. It is the user’s responsibility to verify and comply with these requirements before purchasing or using this content.

24. Prices, Payments, and Contract Formation.

Prices will be those indicated on the Platform at the time of purchase, including any applicable taxes, fees, or charges. The final price, including all components, will be clearly visible before the user confirms the order.

The contract shall be deemed concluded when all of the following conditions are met:

a) the buyer completes the purchase process through an express affirmative act;
b) the buyer accepts these Terms and, where applicable, the specific applicable conditions;
c) the payment is correctly authorized or processed, and;
d) BETANDEAL or the authorized system confirms the transaction.

Unless expressly stated otherwise, BETANDEAL’s involvement in the checkout process, in activating access, in operational support, or in the technical facilitation of payment shall not imply that BETANDEAL assumes the status of material seller, merchant of record, or substantive provider of the content or service offered by third parties.

BETANDEAL may use third-party providers for payment processing, fraud prevention, identity verification, or billing. The user agrees that certain collection, verification, authorization, tokenization, fraud prevention, or refund processes may be carried out by such third parties in accordance with their own terms and policies, without prejudice to the user’s applicable mandatory rights.

BETANDEAL may reject, suspend, or cancel transactions in the event of a manifest pricing error, proven or reasonably suspected fraud, verified payment issues, non-compliance with legal or regulatory requirements, technical or legal impossibility of service provision, or a request from a competent authority, in which case it will refund, where applicable, the amounts actually charged as soon as reasonably possible.

24 bis. Automatic Subscription Renewal.

In the case of services purchased under a subscription plan with automatic renewal, BETANDEAL will inform the user in advance, in a clear and prominent manner, of the existence of the automatic renewal, its initial duration, frequency, applicable amount, billing date or period, and cancellation procedure. The purchase of a subscription plan constitutes the user’s express authorization for BETANDEAL to periodically charge the applicable fees at the start of each renewal period, using the payment method provided by the user and accepted by the Platform at all times.

BETANDEAL may send the user a prior notification a reasonable time before each renewal. In the case of consumers, such notification will be provided in accordance with the applicable law in their jurisdiction. Failure to send such notification will not affect the validity of the renewal if the user has not canceled the subscription in accordance with the terms set forth in these Terms.

The initial term, the renewal frequency, the amount applicable to each period, and, where applicable, any promotional or special pricing terms, shall be as indicated in the product listing, during the checkout process, or in the order confirmation.

Unless expressly stated otherwise, the subscription will be automatically renewed for successive periods of the same duration as the initial term, unless the user cancels it before the deadline indicated on the Platform or in the applicable specific terms and conditions.

Cancellation of the subscription will only prevent charges for future periods and will not entitle the user to a full or partial refund for the period already commenced, without prejudice to the consumer’s rights of withdrawal, conformity, or any other mandatory rights applicable under applicable law.

BETANDEAL may suspend, deny, or decline to process the automatic renewal if the payment method is rejected, reversed, expired, insufficient, subject to a chargeback, or affected by any incident that prevents collection.

24 ter. Provision and Time of Delivery of the Digital Content or Service.

For contractual purposes, the digital content or service shall be deemed made available to the user and, therefore, delivered, from the moment BETANDEAL:

a) enables the corresponding access in the user’s Account;
b) provides the necessary credentials, passwords, links, or activation methods; or
c) activates the subscription, functionality, or access contracted through any means of communication or medium designated by BETANDEAL.

Any access period, subscription period, trial period, renewal period, or commencement of service provision shall begin to run from the effective provision of the digital content or service under the terms of the preceding paragraph, unless otherwise expressly stated in the offer, product description, or specific terms.

The activation or delivery times communicated by BETANDEAL are estimates, unless expressly stated otherwise, and may be affected by technical issues, payment verifications, anti-fraud processes, actions by third-party providers, or circumstances beyond BETANDEAL’s reasonable control.

24 quater. Merchant of Record and Payment Processing.

Unless expressly stated otherwise in the product listing, checkout, specific terms, or contractual confirmation, BETANDEAL shall not assume the status of merchant of record with respect to content, products, or services offered by third parties through the Platform.

BETANDEAL’s use of payment gateways, processors, aggregators, acquirers, anti-fraud providers, or checkout tools shall not, in and of itself, alter the nature of the underlying legal relationship nor imply that BETANDEAL automatically assumes the position of actual seller or substantive provider of the third-party service.

25. Access to Content and Rules of Use.

Access to content, subscriptions, or digital services shall be personal, limited, non-exclusive, revocable, and non-transferable, for the exclusive use of the contracting user.

It is prohibited to:

  1. share access, credentials, or content with third parties;
  2. resell, sublicense, redistribute, or commercially exploit the acquired content;
  3. record, copy, download, capture, reproduce, or distribute the content beyond what is expressly permitted;
  4. use the content to provide services to third parties without BETANDEAL’s written authorization.

BETANDEAL may suspend access upon detecting abnormal usage, proven unauthorized sharing, fraud, or breach of these Terms, notifying the user in advance except in cases of emergency.

When the user is a consumer, any measure to suspend, limit, or cancel access must be proportionate to the detected incident. Whenever possible and provided there is no technical emergency, ongoing fraud, security risk, or official request, BETANDEAL will inform the user in advance of the essential reasons for the measure. The suspension of access shall not affect the consumer’s right to claim, where applicable, the corresponding refund or compensation regarding services not performed or legally due.

25 bis. Prohibition on Redistribution and Resale of Content.

All content accessible through the Platform, including forecasts, picks, tips, analyses, materials, and other associated content or resources, is owned by BETANDEAL and/or its licensors or authorized third parties and is protected by applicable laws regarding intellectual property, unfair competition, and other exclusive rights.

Unless prior written authorization is obtained from BETANDEAL, it is prohibited to reproduce, copy, extract, communicate, redistribute, resell, sublicense, republish, make available to third parties, commercially exploit, or disseminate, in whole or in part, such content, whether free of charge or for a fee.

BETANDEAL may take the technical, contractual, and legal measures necessary to detect, prevent, and prosecute the unauthorized provision of access to third parties or the unlawful redistribution of content. Breach of this Section shall entitle BETANDEAL to suspend or cancel the Account, terminate the contractual relationship, deny future access, and take appropriate legal action, including injunctive relief, damages, and claims for reasonable costs and expenses incurred in defending its rights.

The user acknowledges that the unauthorized reproduction, redistribution, resale, or exploitation of the content may cause BETANDEAL immediate and irreparable harm that could not be adequately compensated by monetary damages. Consequently, BETANDEAL may seek and obtain injunctive and equitable relief, as well as any other equitable remedy, to the fullest extent permitted by applicable law, without the need to post any bond or other security, unless required by applicable law.

26. Right of Withdrawal, Cancellations, and Returns.

26.1 Right of Withdrawal.

The End Buyer who qualifies as a consumer shall have the right of withdrawal recognized by the mandatory provisions of applicable law in their country of residence. For distance contracts with consumers residing in the European Union, the general withdrawal period shall be fourteen (14) calendar days from the conclusion of the contract, subject to applicable legal exceptions.

In the case of digital content or digital services not supplied on a tangible medium, the right of withdrawal shall be excluded only when performance has begun with the consumer’s prior, express, and informed consent, and with their express acknowledgment that they lose their right of withdrawal once such performance has begun, all of this through a specific, separate, and non-pre-checked mechanism in the checkout process, in accordance with mandatory provisions of applicable law.

If BETANDEAL does not validly obtain such express consent and acknowledgment of the loss of the right, the right of withdrawal may still be exercised under the applicable legal terms.

To exercise the right of withdrawal, the consumer must notify BETANDEAL through the channels provided on the Platform before the applicable deadline expires. BETANDEAL will acknowledge receipt of such notification in a durable medium when required by applicable law.

26.2 Conformity of Digital Content.

Digital content and services must comply with the contract. In the event of non-conformity, the consumer may exercise the rights and remedies provided for by the applicable laws in their jurisdiction.

A lack of compatibility, interoperability, or functionality of the digital content or service shall not, in and of itself, constitute grounds for exercising the right of withdrawal, without prejudice to the rights to which the consumer is entitled in the event of non-conformity in accordance with applicable law.

It is the user’s responsibility to verify, prior to contracting, that their device, system, software, connection, or technical environment meets the minimum requirements expressly stated by BETANDEAL in the product description, during the contracting process, or in the applicable specific terms and conditions. However, if the digital content or service does not conform to the contract because it does not meet the characteristics, compatibility, or technical requirements expressly offered by BETANDEAL, the consumer may exercise the rights and remedies recognized by law.

26.3 General Refund Policy.

Except in cases of withdrawal and lack of conformity as regulated in the preceding sections, no returns or refunds will be granted once access to the digital content has been activated with the user’s knowledge.

BETANDEAL will evaluate, on a case-by-case basis and with justification, requests for refunds due to proven double billing, a technical error by BETANDEAL, or a materially defective service attributable to BETANDEAL.

Cancellation of a subscription with automatic renewal will only prevent charges for future periods and will not entitle the user to a full or partial refund for the period already commenced, without prejudice to the mandatory rights to which the consumer is entitled under applicable law.

In the event of proven fraud, improper chargebacks, or abuse of claims, BETANDEAL may suspend the Account and claim the corresponding amounts.

27. Liability Regarding Third-Party Sellers or Providers.

When the purchased content or service is offered by a third-party seller, creator, tipster, or external provider, BETANDEAL will act, unless expressly stated otherwise, as a provider of technological infrastructure, digital distribution, technical billing, technical support, or administrative operations, without assuming the status of underlying seller, substantive provider, or final supplier of the third-party content or service.

This circumstance will be communicated to the user before or during the purchase process, where applicable, via the product page, checkout, specific terms, order confirmation, or equivalent means.

BETANDEAL is not liable for the material content, accuracy, legality, quality, continuity, suitability, regulatory compliance in any specific sector, availability, or results of the service or content provided by the third-party provider, except in cases of willful misconduct or gross negligence on the part of BETANDEAL or in instances where, having actual knowledge of an illegality or manifest breach, it has failed to take reasonable measures to cease or remove such content within a reasonable period of time.

Where applicable law imposes non-waivable obligations on BETANDEAL toward consumers or users, such obligations shall be understood to be limited to the minimum mandatory scope required by the relevant regulation and shall not constitute a voluntary expansion of liability on the part of BETANDEAL.

BETANDEAL may take measures to control, remove, suspend, or block services when it has actual knowledge of serious incidents or breaches by the third-party provider. Where legally appropriate, it will provide the affected user with the third party’s identification details necessary for the user to exercise their rights against said third party.

FINAL PROVISIONS

28. Data Protection and Privacy.

The processing of users’ personal data shall be carried out in accordance with the Platform’s Privacy Policy, which the user accepts along with these Terms and which is available on the Platform at all times. In the event of a conflict between these Terms and the Privacy Policy regarding the processing of personal data, the latter shall prevail.

When BETANDEAL processes personal data of users located in the European Union, the European Economic Area, the United Kingdom, or jurisdictions with equivalent regulations, such processing will be carried out in accordance with applicable data protection regulations, including, where required, the designation of a representative in the European Union and the adoption of appropriate technical and organizational measures.

International transfers of personal data to BETANDEAL USA, CORP., or to third parties located outside the user’s country of residence will be carried out based on valid legal mechanisms in accordance with applicable law, including, where applicable, adequacy decisions, standard contractual clauses approved by the European Commission, binding corporate rules, or any other legally recognized appropriate safeguards.

The Privacy Policy will identify, as appropriate, the purposes of the processing, the applicable legal bases, the recipients or categories of recipients, the retention periods, the international transfer mechanisms, as well as the rights of the data subject and how to exercise them.

The user agrees to treat as confidential all non-public information accessed through the Platform in the course of their activities, and not to use it for purposes other than those contractually permitted.

28 bis. Sector-Specific Regulatory Compliance.

The professional user represents and warrants that they will not use the Platform to carry out activities subject to authorization, licensing, registration, or sector-specific supervision without holding the required authorizations in the relevant jurisdiction.

In particular, when the user’s activity is related to betting, gambling, sports predictions, financial services, virtual assets, health, supplements, formal education, or other regulated sectors, the user shall be solely responsible for verifying the legality of their activity, their Campaigns, and their content in each target territory, as well as for obtaining and maintaining the legally required licenses, authorizations, warnings, disclaimers, and controls.

BETANDEAL may at any time require reasonable evidence of the user’s regulatory compliance and suspend or cancel access to the Platform, Campaigns, payments, or content when it reasonably assesses a regulatory, reputational, or enforcement risk.

29. Assignment and Subcontracting.

BETANDEAL may assign or transfer, in whole or in part, its contractual position, or the rights and obligations arising from these Terms, to group companies, parent companies, subsidiaries, entities under common control, acquirers of the business, assets, or a line of business, or universal or specific successors, by notifying the user with a minimum of thirty (30) days’ advance notice when required by applicable law. In contracts with consumers, the assignee shall succeed to BETANDEAL’s rights and obligations under conditions no less favorable to the consumer, and the assignment may not result in a reduction of the consumer’s mandatory rights.

BETANDEAL may outsource operational, technological, administrative, support, compliance, collection, or verification functions without the user’s prior consent, while retaining responsibility for the fulfillment of its obligations in all cases.

The user may not assign their contractual position or transfer rights or obligations without the prior written authorization of BETANDEAL.

30. Severability and Non-Waiver.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect the validity of the remaining Terms, which shall remain in full force and effect. The parties shall endeavor to replace the null or unenforceable clause with another that, while valid, most closely approximates the economic purpose of the original.

BETANDEAL’s failure to exercise any right recognized in these Terms at any given time shall not constitute a waiver of such right nor prevent its subsequent exercise.

30 bis. Entire Agreement.

These Terms, together with the Privacy Policy, the pre-contractual information provided to the user prior to the contract, the product or service description, any applicable specific terms and conditions, the order or contract confirmation, and any documents or policies expressly incorporated by reference, constitute the entire agreement between the user and BETANDEAL regarding access to, use of, and contracting of the services, content, or subscriptions offered through the Platform.

These documents supersede any prior communication, proposal, negotiation, statement, or understanding, whether verbal or written, relating to the same subject matter, except for those provisions that must remain in force by express agreement between the parties.

In the event of a conflict between the documents comprising the agreement, the following shall prevail in this order:

  1. the specific terms and conditions expressly accepted for the specific product, service, or Campaign;
  2. the essential information displayed during the sign-up or checkout process;
  3. these Terms;
  4. the Privacy Policy, specifically with regard to the processing of personal data.

30 ter. Force Majeure.

BETANDEAL shall not be liable for delays, interruptions, suspensions, incidents, or breaches of its obligations when caused by events beyond its reasonable control, including, but not limited to: power outages, network or telecommunications failures, cyberattacks, cybersecurity incidents, interruptions in third-party services, labor disputes, strikes, riots, uprisings, acts of authority, administrative blockages, natural disasters, fires, floods, pandemics, wars, terrorist acts, or any other event beyond BETANDEAL’s reasonable control.

In such cases, BETANDEAL shall have the right to temporarily suspend, limit, or delay the provision of the service for as long as the cause preventing it persists, without this giving rise to any right to compensation for the user, except in those instances where a mandatory provision expressly provides otherwise.

BETANDEAL will resume the provision of the service as soon as reasonably possible once the impediment has ceased.

30 quater. Survival of Provisions.

Those provisions which, by their nature, must remain in force shall survive the suspension, cancellation, or termination of the Account, including, but not limited to, those relating to intellectual property, restrictions on use, prohibition of redistribution, indemnification, limitation of liability, confidentiality, data protection, applicable law, jurisdiction, and any rights or remedies accrued prior thereto.

31. Governing Law and Jurisdiction.

These Terms, as well as any controversy, claim, or dispute arising from their interpretation, validity, performance, compliance, or breach, shall be governed by and construed in accordance with the laws of the State of Florida (United States), without giving effect to its conflict of laws principles, except to the extent that a mandatory applicable rule provides otherwise.

Except as provided in Section 31 bis for consumers residing in the European Union or in any other cases where a mandatory rule establishes a different forum, any dispute arising from the interpretation, validity, performance, compliance, or breach of these Terms shall be brought exclusively to the competent state or federal courts located in Miami-Dade County, Florida, and the parties expressly waive, to the extent permitted by law, any other venue to which they might be entitled.

This Section shall be fully applicable to affiliates, publishers, tipsters, sellers, professional partners, and, in general, any user operating for business, professional, or commercial purposes. For these purposes, any user accessing the Platform for business or commercial purposes shall be presumed not to have the status of a consumer, unless proven otherwise by conclusive evidence.

To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms, the Platform, or the Services must be brought solely on an individual basis, and no party may act as a plaintiff, representative, or class member in any class action, representative action, consolidated action, or action brought on behalf of third parties or the general public interest (private attorney general actions). Furthermore, the parties expressly, voluntarily, and knowingly waive any right to a jury trial with respect to such claims.

The foregoing shall not limit the non-waivable rights to which consumers are entitled under the mandatory provisions of applicable law in their jurisdiction of residence.

If any of these waivers is held to be unenforceable with respect to a specific claim, such unenforceability shall affect only that claim and not the remaining validly enforceable claims or waivers.

31 bis. Mandatory Provisions for Consumers Residing in the European Union.

When the user is a consumer with habitual residence in a Member State of the European Union, the following provisions shall apply and shall prevail over Section 31 to the extent they conflict:

a) Governing Law: The choice of the laws of the State of Florida shall not deprive the consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence.
b) Jurisdiction: The consumer may bring legal actions before the courts of the Member State in which they have their habitual residence and may only be sued in that Member State or in those other jurisdictions mandatorily provided for by applicable law.
c) Complaints and dispute resolution: The consumer may submit complaints through the customer service channel provided on the Platform. BETANDEAL shall not be required to participate in alternative dispute resolution proceedings before any specific entity unless required by applicable law or by an express commitment undertaken by BETANDEAL.
d) Mandatory Provisions: No provision of these Terms may be interpreted as a waiver by the consumer of the rights granted to them by the mandatory laws of their country of residence.

32. Version of the Terms and Language.

These Terms have been executed in English. The English version shall be the sole binding and controlling version for all purposes. Any translation into another language is provided for convenience only. BETANDEAL will keep the current version of the Terms available on the Platform, indicating the date of the last update.

33. Electronic Communications and Notifications.

The user agrees that BETANDEAL may send communications, notifications, notices, confirmations, renewal reminders, cancellations, contractual modifications, and other communications related to these Terms via electronic means, including email, the private area, the dashboard, notices on the Platform, or any other electronic channel enabled by BETANDEAL, unless applicable mandatory provisions of applicable law require a specific means or procedure.

The user is responsible for keeping their contact information up to date and for regularly checking the communications received or made available to them. Unless otherwise provided by applicable mandatory provisions of applicable law, electronic communications shall satisfy the requirements for written communication and shall be deemed received at the time of their transmission or when made available, provided there is no technical failure attributable to BETANDEAL.

The user may communicate with BETANDEAL through the support channels enabled on the Platform or via the contact email address published therein, without prejudice to any specific channels that may be enabled for cancellations, withdrawal, complaints, or other legally recognized rights.

34. Pro-Compliance Interpretation.

These Terms shall be interpreted, to the greatest extent possible, in a manner consistent with applicable mandatory provisions of applicable law regarding consumers, data protection, commercial communications, intellectual property, competition, and sector-specific regulations. The possible nullity, ineffectiveness, or partial inapplicability of a provision in a specific jurisdiction shall not affect the validity of the remaining Terms or their applicability in other jurisdictions, to the extent permitted by law.