premiumpay

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.