Terms and conditions of the DribbleData platform

[CHAPTER I: INTRODUCTORY PROVISIONS]

§1. General provisions

The Regulations (Terms and Conditions) set out the rules for the provision of Services by the Operator (the Service Provider), including the rights and obligations of the Parties, the scope of liability of the Parties and other terms and conditions of the agreement the subject matter of which will include the provision of Services on the Platform.
The Operator informs that, as part of the Services, it only makes available the resources of its ICT systems in order to enable Users to use the Services, as well as administers the Platform. Furthermore, the Operator does not provide any other services on its own behalf, nor is it an intermediary in concluding any contracts.
The Operator declares that the use of the Platform and the functionality available therein does not constitute gambling activity. In particular, the Platform does not serve the organisation of games of chance, intermediation in the organisation of games of chance, as well as advertising or promotion of games of chance.
The Service Provider does not in any way encourage, promote or advertise gambling. Each User makes the sole decision for what purpose to use Sports Analysis, being aware that participation in gambling is strictly regulated and only allowed for persons of legal age.
As part of the Services provided, the User may receive access to Sports Analysis posted by the Operator.

§2. Definitions

Terms used in these Regulations mean the following:

Agreement - the agreement for the provision of Services by the Operator to the User;
Blocking of the User's account - actions which consist in preventing the User from using the Platform in the cases indicated in the Terms of Use;
Charges - any monetary consideration payable to the Operator for the provision of the Services;
Communication - any information related to the operation of the Platform or the Services provided which is not of a commercial nature. In particular, they may be notifications of a technical or system nature;
Community Group - any group of a social nature that is administered by the Operator and made available to Users as part of a Subscription;
Consumer - a natural person concluding a Contract with the Operator which is not directly related to his/her commercial or professional activity;
Description of Packages - an appendix to the Terms and Conditions, containing a detailed description of the Packages, Charges, Billing Period, Subscription Period, Package Validity Period. The description of the Packages is contained in each case under this link: https://dribbledata.com/pricing;
Digital Content - data produced and delivered in digital form;
Digital Services - services that allow the User to:
1. the production, processing, storage or access to data in digital form;
2. the sharing of digital data that has been uploaded or created by the User or other users of the Platform;
3. other forms of interaction through digital data;
Electronic Services - all electronic services which are provided by the Operator to the User via the Platform;
Entrepreneur on consumer rights (EOCR) - an entrepreneur who conducts business activity on the basis of an entry in the proper register wishes to conclude a Contract with the Operator directly related to his/her business activity, and at the same time the Contract is not of a professional nature for him/her;
E-payment - payment of the Price for a Service by means of a digital representation of value, in particular by means of electronic vouchers, e-coupons, virtual currencies, etc;
Error - a malfunction of the Platform which does not prevent the complete use of the Platform, but significantly impedes the use of the Platform and significantly reduces the comfort of the Platform;
Event - a failure or error within the Platform;
Failure - a complete stoppage of the Platform's operation, a suspension of the Platform making it completely impossible to use the Platform, or any other obstacle making it completely impossible to use the Platform correctly;
Functionality - a single task that can be performed within the Platform;
Intellectual property rights - intellectual property rights (copyright, industrial property rights, database rights) vested in the Operator in connection with the Platform;
Login - individual and unique designation of the User, allowing identification, used when using the Platform. In the case of the Operator's ICT systems, this is normally the e-mail address provided by the User;
Malfunction - any malfunction of the Platform which is neither a failure nor an error;
Package - a set of combined Services provided by the Service Provider at an agreed Price. Packages may include different types of Services in exchange for different Prices, in accordance with the descriptions of the individual Packages;
Package Validity Period - the designated period of time for which the User may use the Services under the Package;
Parties - Operator or User;
Partner - an entrepreneur who cooperates with the Operator and, on his or her own, may provide his or her own services or goods to Users, offer the Operator's services as part of his or her business activities (e.g. his or her own website or shop) or commission the Operator with services for his or her own business activities, e.g. advertising or promotional services;
Password - a string of characters used to secure access to the Platform;
Platform - an ICT system under the name DribbleData belonging to the Operator, which is available at https://dribbledata.com
Price - the value expressed in monetary units that the User is obliged to pay to the Operator for the Services, in particular for a Package or a Subscription;
Regulations - these Regulations (Terms and Conditions);
Repair - the actions of the Operator consisting of removing the cause of the event, which are intended to restore the correct functioning of the Platform;
Response - any individual action by the Operator which will be aimed at the proper handling of the incident;
Services - Digital Services or Electronic Services;
Settlement Period - Period for which the User pays the Fee, this period may be monthly, yearly or other. For a detailed description of the Settlement Periods, please see the Package Description;
Sports Analysis -an analysis of one or more future sporting events in terms of its course and outcome, using available organisational and technical tools;
Subscription - the User's individual, paid access to the Platform and the related Services for the selected Subscription Period;
Subscription Period - the designated period of time for which the User may use the Subscription Services;
Technical support - assistance which is provided to Users by the Operator with regard to the use of the Platform, including remote support (e.g. via e-mail) and the necessary instructions and advice on technical and IT operation;
Third-party supplier - any third party, other than the Operator, which provides any goods or services for the performance of the Agreement, in particular the software used on the Platform and the services necessary for the operation of the Platform;
Type - an analysis of one future sporting event in terms of its course and outcome. One or more Types form a Sports Analysis;
Update - an update which the Operator has agreed to provide and which is necessary for the Services to comply with the Agreement (the Contract);
User - a natural person who uses or intends to use the Platform and, for this purpose, concludes an Agreement with the Operator. When the Agreement is concluded by an organisational entity with legal capacity or a legal person, the provisions of the Regulations shall apply to both the entity that concludes the Agreement and the actual person who uses the Platform with the authorisation of that entity;
User account - the account created by the User on the Platform;
User Content - any data produced or provided by the User as part of the use of the Platform, in particular for the purposes of participation in the Community Group;
Working days - days from Monday to Friday, excluding public holidays according to the calendar of the state of the Operator's registered seat;
Working hours - 9 am to 5 pm on weekdays.

[CHAPTER II: SUBJECT MATTER AND CONCLUSION OF THE CONTRACT]

§3. Subject of the Agreement

Under the Agreement, the Operator undertakes to provide the Services to the User, and the User undertakes to use the Services as intended, under the terms and conditions provided for in the Terms and Conditions - whether in return for payment or free of charge.
Information on whether certain Services are charged or free of charge shall be posted directly on the Platform or communicated to Users in another way that enables them to consult the price list, e.g. by sending an e-mail with the price list.
Browsing the main page of the Platform is always free of charge, whereas access to paid functionalities (within a Package or Subscription) requires the User to pay a specific Price. For the purposes of marketing and promotional activities, the Operator may decide to temporarily allow the use of paid Services without payment of a Fee, but the sole decision in this respect shall rest with the Operator.
Depending on the type of Services selected, a Contract (the Agreement) of a specific type is concluded between the Operator and the User:
1. in the case of Digital Services, a contract for the provision of digital services is concluded;
2. in the case of Electronic Services, a contract for the provision of Electronic Services is concluded. Electronic Services may or may not be Digital Services at the same time.

§4. Pre-contractual activities

Before concluding a Contract, the User is obliged to familiarise himself/herself with the Operator's information on the principles of providing the Services, the provisions of the Terms and Conditions and other conditions. By concluding the Contract, the Operator is entitled to assume that the User has complied with the above requirements.
Each User shall, prior to the conclusion of the Agreement, be provided with a free opportunity to review the content of these Terms and Conditions in a manner that makes it possible to acquire, reproduce and record their content by means of the ICT system used by the User or by other means.
The User shall be bound by the provisions of the Terms and Conditions if they have been made available to him/her in the manner described in paragraph 2.
For the purposes of concluding an Agreement via the Platform, it is necessary for the User to accept the Terms and Conditions - either by means of a declaration to that effect, e.g. by means of a check box, or implicitly by starting to use the free Services on the Platform.
The User may not be a person residing in Poland or subject to Polish jurisdiction. The person applying for concluding the Contract, in particular buying a Subscription declares that he/she does not have a place of resident in Poland and is not subject to Polish jurisdiction.
By registering on the Platform, the User declares that they are not a resident of Poland and that they are not subject to Polish jurisdiction. In addition, if the User, in the course of using the Platform, has become a Polish resident or has come under Polish jurisdiction, he/she is obliged to immediately cease using the Platform and delete his/her Account, and shall not be entitled to a refund of any payments made. The Operator is not obliged to verify the truthfulness of this statement or to verify the User's residence/jurisdiction during the use of the Platform, and has no means of doing so. However, in the event of the discovery of the untruthfulness of this declaration or the discovery of the fact that the User using the Platform is a resident of Poland or is subject to Polish jurisdiction, the Operator shall have the right to suspend the User's use of the Platform or delete that User's account, and the User shall not be entitled to a refund of any payments made for that reason.

§5. Purchase of a Subscription or a Package

The User may gain free access to the Services provided by the Platform, but in that case they are granted access to limited functionalities of the Platform (e.g. they may create a User account).
In order to gain full access to the Platform, the User is required to purchase a Subscription or Package - either as a stand-alone Service or a set of Services. Information on the types of Subscription or Package available, the Subscription Periods, the Billing Periods and the amount of the Fees is provided by the Operator on the Platform.
The purchase of a Subscription or Package is only possible via the Platform - the Operator does not envisage the possibility of purchasing a Subscription through other channels, e.g. by concluding a contract via email or instant messenger.
To purchase a Subscription, the User is required to:
1. access the Platform homepage and log in to your User account;
2. select a Subscription Period and Settlement Period;
3. complete the Subscription order form;
4. check the correctness and completeness of the data;
5. accept the Terms and Conditions of the Platform;
6. validate the form using the appropriate button: "Order and pay", "Activate Subscription with payment obligation" or a button with similar content;
7. make payment for the chosen Subscription, in accordance with the payment methods specified by the Operator
To purchase the selected Package, the User is required to:
1. access the Platform homepage and log in to your User account;
2. select the type of Package;
3. complete the Package order form;
4. check the correctness and completeness of the data;
5. accept the Terms and Conditions of the Platform;
6. validate the form using the appropriate button: "Order and pay", "Activate Package with payment obligation" or a button with similar content;
7. make payment for the selected Package, according to the payment methods specified by the Operator.
The Contract for the Subscription or Package is concluded when the User clicks "Order and pay", "Activate Subscription with payment obligation", "Activate Package with payment obligation" or a similar button and pays for the Subscription or Package, both of which must be done together. If the User does not pay for the Subscription or Package within 7 days of placing the order, the Operator will cancel the order placed after the expiry of this period, with the result that the Contract will not be concluded.
The User shall be granted access to the paid functionalities of the Platform no later than 24 (in words: twenty-four) hours from the date the payment is credited to the Operator's account.

§6. Subscription Period. Package validity period

The Subscription is available to the User for the selected Subscription Period, indicated in the Description of Packages. Each Subscription Period is calculated from the time the Subscription is activated. Please note, that the Subscription Period ends always at the end of calendar months, no matter what time it was activated. That means, that if you buy the Subscription e.g. at the middle of the month February 2024 (e.g. 15th February) and it is activated on 15th February at this day your Subscription Period ceases at the end of February 2024. If you buy the Subscription on 1st February and it is activated on 1st February, it ceases at the end of February 2024. Please note, that the moment you buy the Subscription Period and - as a consequence - the moment of activation does not influence the fee for the Subscription. That means, that even you buy the Subscription in the middle of the month, you do not have any right to claim diminish the Subscription fee or have a return of the part of thee for "the unused" period. Therefore we recommend, that if you are interested in buying the Subscription, you shall do it in the beginnng of the month.
The Subscription is non-renewable and therefore the Subscription will expire on the last day of the Subscription Period that was selected by the User.
The services provided under a Package are available to the User for the Package Validity Period, which is indicated in the description of the Packages . Each Package Validity Period is calculated from the moment the Package is activated.
The operator can:
1. send reminder messages about the expiry of the Subscription Period or the Package Validity Period;
2. send messages indicating the expiry of a Subscription or Package;
3. offer the option to purchase a new Subscription or Package, as well as the option to renew an existing Subscription or Package.

[CHAPTER III: USING THE PLATFORM]

§7. Nature, purpose and development of the Platform

The Platform has been created primarily to enable Users to:
1. access Sports Analyses to be posted by the Operator. Sports Analyses are compiled at the discretion of the Sports Analyses author and his/her own individual selection of sports events to be analysed using the knowledge and experience of the Sports Analyses author. Sports Analyses are in no way intended to guess the outcome of sporting events, including for the purposes of betting.
2. give the User opportunity to on-line individual consultation or e-mail with the authorized person designated by the Operator. Details about scope of individual consultation are covered in the Description of Packages.
The use of the Platform also enables Users to, among other things:
1. to become familiar with the Services provided by the Operator;
2. creation of a User account in order to use certain functionalities of the Platform;
3. participation in Community Groups managed by the Operator, in which the User will have the opportunity to converse with the Operator or other Users.
4. on-line or email support provided by authorized person designated by the Operator.
Due to the fact that the creation of Sports Analyses requires individual skills, knowledge, practice and experience, and due to the fact that one of the basic elements of the Services are individual consultations online or via e-mail with a person authorised by the Operator, and due to the fact that the User has the possibility to use support services online or via e-mail through a person authorised by the Operator and to participate in Community Groups where he will have the opportunity to converse with the Operator or other Users, a significant human participation is necessary to provide the Service, which means that the Service is not an electronic service within the meaning of the EU VAT regulations.
The platform may in no way be used for illegal or immoral purposes, in particular to organise or promote illegal gambling.
The Operator provides the Platform in an "as is" model, which the User accepts. The Operator does not guarantee that the Platform will fully meet all the needs of the Users, nor does the Operator guarantee that it will be possible to fulfil all the purposes referred to in paragraph 1 expected by the Users through the Platform. The Operator is only obliged to provide the Platform and the Services in accordance with the Regulations.
The Digital Service shall be deemed to have been provided when the Digital Service has been accessed by the User or a physical or virtual device that the User has independently selected for this purpose.
Due to the fact that the Platform is an ICT system of the Operator, the Operator may carry out technical and IT work aimed at developing the Platform and ensuring that the Services are provided at the highest possible level. In order to inform the Operator of the work in progress, the Operator may post appropriate messages.
As part of the development of the Platform in accordance with paragraph 7, the Operator may, in particular: add new functionalities and change or delete existing functionalities within the Platform; introduce the Platform on a different type of device.
If the Operator's actions referred to in paragraph 8 do not significantly affect the rights and obligations of the Users (they do not need to be regulated in the Rules), these actions do not require an amendment to the Regulations..
The Operator shall be entitled to make changes to the Digital Services during the term of the Contract, with the exception of Digital Services that are provided on a one-off basis. Changes to Digital Services that have been acquired by the Consumer orEOCR may be made subject to the following requirements:
Changes to the Digital Services may only be made for legitimate reasons, in particular the rectification of faults, the adaptation of the Digital Services to users' needs, the adaptation of the Digital Services to legal changes or decisions of courts and authorities;
Changes to the Digital Services may not incur costs on the part of the Consumer or EOCR;
The Operator shall inform the Consumer or EOCR; in a clear and comprehensible manner of the change being made;
If a change in the Digital Services materially and adversely affects the User's access to or use of the Digital Services, the Operator is obliged to inform the Consumer or EOCR;well in advance, not less than 7 days, on a durable medium, of the characteristics and date of the change, as well as the rights associated with the changes;
If a change in the Digital Services materially and adversely affects the User's access to or use of the Digital Services, the Consumer or EOCR; may terminate the Agreement without notice within 30 days from the date of the change in the Digital Services or the notification of the change in the Digital Services, if the notification is later than the change. The User shall not be entitled to this right if the Operator provides the Consumer or EOCR;, at no additional cost, with the right to retain the Digital Services in accordance with the Agreement in an unchanged state.

§8. Technical requirements for the Platform

Before concluding an Agreement, the User shall be obliged to check that he or she meets the minimum technical requirements for using the Platform referred to in paragraph 2.
In order to use the Platform, at least the following is required:
1. having permanent access to the Internet;
2. use of a web browser: Internet Explorer, Mozilla Firefox, Google Chrome, Safari, Opera or Microsoft Edge. Each browser should have JavaScript, CSS, HTML5 and cookies enabled;
3. having an active e-mail box.
If, in order to use the Platform (or its particular functionalities), it is necessary for the User to fulfil additional technical requirements, other than those indicated in sub-paragraph 2, the Operator shall inform the User of this prior to using the Platform, by posting the relevant information within the Platform.
If the User uses plug-ins that block certain content on websites (e.g. AdBlock), he/she should be aware that the Platform may not function fully correctly and that the Operator cannot guarantee the correct functioning of the Platform with such software.

§9. Updates

The Operator shall inform the Users of the Updates, including those relating to security, necessary to maintain the compliance of the Digital Services with the Agreement, and shall provide them to the Users for the duration of the delivery of the Digital Services specified in the Agreement, pursuant to which the delivery is continuous. At the same time, the Operator acknowledges that the provision of Digital Services Updates does not include the obligation to update the Sports Analysis, which will reside in the Platform's IT resources.
If the User fails to install the Updates provided by the Operator in accordance with Paragraph 1 within a reasonable time, the Operator shall not be liable for the Digital Service's non-compliance with the Agreement resulting solely from the lack of Updates if:
1. informed the User about the Update and the consequences of not installing it;
2. the non-installation or incorrect installation of the Update was not due to errors in the installation instructions provided by the Operator.

[CHAPTER IV: RULES CONCERNING THE USE OF THE PLATFORM]

§10. Basic principles of using the Platform

It is the responsibility of each User to protect their login details, including login and password, from being made available to unauthorised persons.
Providing login and password to unauthorised persons is strictly prohibited. The provision of the login and password to unauthorised persons may contribute to a breach of the security of the Platform and the provision of the Services by the Operator, whereby a determination by the Operator that the indicated data is in the possession of an unauthorised person may result in the blocking of the Services, including the blocking of the User's account.
If the User discovers that the login data, including the login and password, may have been in the possession of an unauthorised person, he/she is obliged to notify the Operator immediately. Upon receipt of such notification, the Operator may block the User's account. After being blocked, renewed access to the Platform shall only be possible after the User has changed his or her password and, if necessary, performed the authentication activities foreseen by the Operator as part of its security procedures - in accordance with the information provided by the Operator.
The User may not use the Platform or the Services, under pain of immediate termination of the Agreement due to the User's fault:
1. in a manner inconsistent with their nature and purpose, in particular in a manner that prevents or interferes with the use of the Operator's system or hardware resources by other Users;
2. in such a way as to lead to the commission of a criminal or unlawful act within the meaning of the applicable legislation, in particular through the commission of a criminal offence;
3. for the purpose of sending unsolicited commercial communications, other spam or unlawful content;
4. in a manner that compromises the integrity of the Operator's information system.
The User may not take steps to gain knowledge of the access data, including logins and passwords, of other Users.

§11. Safety and risks

The Operator shall provide the Services via the Platform with due security standards, in a manner that prevents unauthorised access to the data and information processed in the provision and use of the Services.
In spite of the measures taken by the Operator referred to in paragraph 1, each User should be aware of the potential risks associated with the use of the Internet.
The main threats related to the use of the Internet include malware, viruses, worms, trojans (Trojan horses), keyloggers, dialers; spyware; programmes that track the User's activities; spam; phishing; hacking into the User's ICT system using hacking tools.
In order to counteract the risks referred to in section 3, the User should use appropriate security measures - e.g. in the form of an anti-virus programme, a firewall, the use of encryption mechanisms, regular maintenance of the equipment used, expanding knowledge of cyber security issues.

[CHAPTER V: USER ACCOUNT AND ITS BLOCKING OR DELETION]

§12. User account on the Platform

As part of their use of the Platform, the User may, among other things, create a User account on the Platform, which allows them to make full use of the functionalities available on the Platform. It is not possible to purchase a Subscription or a Package without first creating a User account.
In order to create a User account, the User is required to:
1. meet the technical requirements of § 8.2;
2. complete the registration form in accordance with the instructions on the registration form. The user is obliged to provide true, accurate and complete personal data;
3. validate and send the registration form.
Once the registration form has been sent in accordance with paragraph 2, the User shall receive a confirmation of the sending of the registration form to the e-mail address provided, together with a verification link.
Upon successful verification, the Operator creates a User account.
The use of the Platform is not possible via an account belonging to the User with other ICT systems (e.g. Facebook, Google).
It is prohibited for a person under the age of 18 to create a User account. In the event of the creation of a User account by a person under the age of 18, parents, legal guardians or other legal representatives shall be responsible for all damages relating to the use of the Platform by such User.
The Operator is entitled to verify at any time whether the User is of the appropriate age. For this purpose, the User is obliged to provide the Operator, upon express request of the Operator, with proof of having reached the age of 18.
The Operator may refuse to approve the registration form and create a User account in the case of:
1. the Operator has reasonable doubts as to the identity of the User or the accuracy of the data provided by the User;
2. the Operator determines that the User is under 18 years of age, or the User fails to provide proof that he/she is over 18 years of age;
3. re-registration of the same User after deletion of his/her User account by the Operator for violation of the Terms of Use - if the deletion of the User's account occurred within 12 (in words: twelve) months before the date of re-registration.
Once a User account has been created, the User is granted access to the Platform's functionalities.

§13. Blocking or deleting the user account

the User uses the Platform contrary to the Terms of Use, the Operator may:
1. block the User's account, either for a definite or indefinite period of time;
2. permanently delete the user account; depending on the circumstances of the case. In any case, the blocking of a User's account shall result in the suspension or loss of access to the functionality of the Platform that requires an active User account.
The User's account may be blocked or deleted if:
1. The user has violated the provisions of § 10;
2. there is a suspicion that the User is under 18 years of age and at the same time the User has not provided proof that he/she is over 18 years of age;
3. refers to the Operator or other Users in an offensive, vulgar or other manner inconsistent with good morals;
4. uses the functionalities of the Platform contrary to the Terms and Conditions;
5. attempts to obtain the Service by deception or without obligation to pay;
6. impersonates any third party;
7. remains in delay with the payment of any Fees to the Operator for the Subscription, in particular as a result of the inability to collect funds from the User's bank account.
The Operator shall be entitled to permanently delete the User's account in the event of the User's account being blocked for more than 30 (in words: thirty) days, the expiry or termination of the Agreement, in particular after the expiry of the Subscription Period, as well as upon withdrawal from the Agreement.
The application of a blocking of the User's account or the permanent deletion of the User's account due to violations of the Terms of Use is possible after the User has been given the opportunity to provide an explanation for the alleged violation - subject to paragraph 5.
The Operator shall not be obliged to allow the User to provide explanations if the Operator receives an official notification or obtains reliable information about the unlawful nature of the User's data or activities, or if the suspension of the blocking or deletion of the User's account may threaten the Operator or a third party with damage or other serious consequences (e.g. the possibility of the Operator's legal liability, including criminal liability, further infringement of the protected rights of a third party, etc.).
While the User's account is blocked, the User may not:
1. use Services or functionalities of the Platform that require an active User account;
2. participate in Community Groups;
3. create a new user account;
4. use technical measures to circumvent or disable the blocking of the User's account;
5. make further attempts to continue unlawful activity - despite the blocking of the User's account.
The revocation of the blocking of the User's account after its application by the Operator shall only be possible if the User submits a comprehensive and truthful explanation, as well as cessation of the violations of the Terms of Use, which were the reason for the blocking of the User's account. In the event that there are any consequences of the violations committed by the User, an additional condition for the revocation of the blocking of the User's account shall be the effective removal of the consequences of these violations by the User.
If the Operator receives an official notification or obtains reliable information about the unlawful nature of the data or activities performed by the User, the Operator shall be entitled to immediately block or delete the unlawful data on the User's account, as well as to prevent the unlawful activities from continuing, in particular by blocking the User's account and deleting the content posted by the User.
In the case indicated in Subparagraph 8, the Operator shall immediately notify the User of its intention to delete the data or to prevent further unlawful activity. Once the User has been notified, the Operator shall not be liable towards the User for the deletion of the unlawful data or the prevention of the unlawful activity, including any damage resulting therefrom.
The User may request the deletion of the User account at any time by sending the relevant request to the Operator. Deletion of the User account does not automatically delete the data associated with the User account or the history of use of the Platform using the User account.

[CHAPTER VI: PLATFORM OUTAGES AND REPORTING PROCEDURE]

§14. Service and maintenance work

The Operator shall provide access to the Platform 24 (in words: twenty-four) hours a day, seven days a week and all days of the year, although access to the Platform may be restricted in the event of:
1. failures or errors;
2. maintenance work and work aimed at modifying ICT systems, servers, etc;
3. the occurrence of force majeure;
4. actions of third parties, including interference with the operation of the Platform;
5. other circumstances beyond the Operator's control.
The Operator will give the User at least 3 (in words: three) days' notice of its intention to carry out service and maintenance work if the work is of a significant nature and requires a longer period of time. The Operator will endeavour to ensure that such works are carried out at night, at weekends and on public holidays.
The service and maintenance work referred to in paragraph 2 may not take more than 8 (in words: eight) hours at a time.
The operator has no influence over the carrying out of service and maintenance work by external suppliers.

§15. Technical support

The Operator shall provide the User with technical support for the use of the Platform - within reasonable limits.
Technical support does not include servicing, maintenance, repair or other activities of an IT nature that should be performed on the User's infrastructure, in particular at the User's residence or registered office.
Technical support is provided on working days, during working hours, remotely.
Before making use of the technical support, the User is obliged to read the information contained in the "Technical support", "FAQ" or a tab with a similar function.
In order to make use of technical support, the User should provide a description of the problem to the Operator - either by e-mail to dribbledata@gmail.com or via the relevant functionality within the Platform (if such functionality is introduced).
Acceptance of the notification referred to in subsection 5 will be confirmed immediately by the Operator by sending an e-mail.

§16. SLA

The Operator guarantees the availability of the Platform at least 90% (ninety percent) of the time in each calendar year and 90% (ninety percent) in each calendar month.
In the event that the Operator fails to comply with the requirements referred to in subsection 1, the User shall be entitled to compensation in the form of an additional Sports Analysis or an extension of the Subscription for a period of more than the permitted 10% of the time for which the Platform was unavailable.

§17. Procedure for User Requests and their Processing

Applications for:
1. failures;
2. errors; may be sent by e-mail to dribbledata@gmail.com or via the relevant functionality within the Platform (if such functionality is introduced).
In the case of a report as referred to in subclause 1, the report shall contain a detailed description of the fault or error identified and, if necessary, attachments in the form of files. The Operator reserves the right to request additional explanations or to reconstruct the problem in any other way it deems appropriate. The person requested to provide clarification or otherwise shall assist the Operator in resolving the reported issue to the best of his/her knowledge and without undue delay.
Once a notification has been made, the Operator shall analyse it in detail during the working days and hours following the notification and then decide on the appropriate action to be taken, which shall consist in particular of:
1. refuse to accept the User's application as unfounded, groundless or inconsistent with the Terms and Conditions;
2. the rectification of the reported failure or error - if it actually occurred;
3. the use of bypasses if rapid repair is not possible.
In the event of a report of a failure or error, the Operator is obliged to provide the User with information on the planned measures after the analysis in accordance with paragraph 3.
The Operator has the right to interfere with the data structure, the Service settings, the User's account and the User's rights if this is necessary to rectify a failure or error.
Once the Operator has investigated the report and, if necessary, eliminated the identified problem, it shall notify the User without delay.
Other notifications than those listed in paragraph 1, for example in connection with payments, invoicing, billing, require notification to the electronic address dribbledata@gamil.com or via the relevant functionality within the Platform (if such functionality is introduced).
The Operator reserves that it is not obliged to implement on the Platform any changes reported by the User, in particular changes concerning functionality, optimisation of the Platform's operation and other modifications of a substantial nature.

[CHAPTER VII: PROVISION OF SERVICES]

§18. Rules concerning the use of the Services

The User agrees to use the Services in accordance with their intended purpose, as specified in the Terms of Use.
The User may only use the Platform and the related Services for personal purposes, to the exclusion of any commercial activities.
When using the Services, the User warrants that:
1. does not perform any activities prohibited by, in particular AML or gambling laws;
2. guarantees that the funds transferred through the Fees will not be derived from money laundering or other criminal activity;
3. shall not use the Services to obtain assistance for the purpose of committing an act prohibited by law;
4. shall not use the Services in order to unlawfully prejudice any public law liabilities, e.g. to commit a criminal offence.

§19. Rules for the performance of the Services

As part of the free Services, the User may use the functionality of the Platform to a limited extent, which means that:
1. The user has the right to view the Platform homepage;
2. The user can create a user account.
Access to the full functionalities of the Platform requires the prior purchase of a Subscription or Package, in accordance with the procedure described in the Terms and Conditions.
Once the Subscription or Package has been activated, the User can use the available Services, read the posted Sports Analyses and use features that are not available in the free version of the Platform.

§20. Sports analysis

For the operation of the Platform, the Operator, personally or with the assistance of persons employed by the Operator, including experts, may prepare and post Sports Analyses. The Operator shall decide on the type, number and frequency of Sports Analyses to be posted.
Upon purchase of a Subscription or Package, the User may only access Sports Analysis in the form in force on the date of purchase of the Subscription or Package. Under no circumstances shall the Operator be obliged to provide access to archived versions of Sports Analysis, including at the request of the User.
Subject to paragraphs 4-5, Sports Analyses are in each case uploaded to the Platform for a limited or indefinite period of time, which is independent of the Subscription Period or Package Validity Period applicable to the User (e.g. a Sports Analysis may be uploaded for an indefinite period of time, but the User will only be able to view it for the paid Subscription Period or Package Validity Period). If no information is provided next to a given Sports Analysis that a given Sports Analysis has been posted for an indefinite period of time, it is assumed that it has been added to the Platform for a limited period of time, which is 7 (seven) days from the date of the end of the last sporting event to which the Analysis pertains. The posting of a Sports Analysis for a limited period of time may be affected by criteria such as:
1. the timeliness of the content that is the subject of the Sports Analysis;
2. the period of time for which the creator of Sports Analysis has granted a licence to the Operator.
The Operator reserves the right to delete any Sports Analysis, whether current or archived, posted for a limited or indefinite period of time when: the Sports Analysis in question violates or may violate applicable law, in which case the Operator shall have the right to remove such Sports Analysis immediately upon receipt of a credible notice of the unlawful content; other circumstances occur which the Operator, despite exercising due diligence, could not have foreseen when posting the Sports Analysis (e.g. in the event of a breach of the cooperation agreement by the creator of the Sports Analysis, change of circumstances on which the Sports Analysis is based, erroneous data used for the Sports Analysis etc.).
In the event that a Sports Analysis is posted for an indefinite period of time and the Operator intends to remove such Sports Analysis during the Subscription Term or the Package Validity Period, the Operator shall, at the latest 7 (seven) days prior to the planned removal of the Sports Analysis, post notice of the planned removal and remind the User of the opportunity to review the Sports Analysis. The Operator shall be exempt from the obligation to give prior notice of the planned removal of the Sports Analysis and may remove the Sports Analysis immediately if the Sports Analysis in question violates or may violate the applicable law and also in cases where for objective reasons it is not possible to meet the deadline of 7 (in words: seven) days (e.g. due to withdrawal of the licence by the creator of the Sports Analysis with immediate effect).
The Operator is entitled to make changes to the Sports Analysis during the term of the Agreement, with the exception of Sports Analysis which are provided on a one-off basis. Changes to Sports Analyses that have been acquired by the Consumer or EOCR may be made subject to the following requirements:
1. Changes to the Sports Analyses may only be made for legitimate reasons, in particular to remove errors, to adapt the Sports Analyses to the needs of the Users, to adapt the Sports Analyses to legal changes or decisions of courts and authorities;
2. Changes to the Sports Analysis may not incur costs on the part of the Consumer or EOCR;
3. The Operator shall inform the Consumer or EOCR; in a clear and comprehensible manner of the change being made;
4. If a change to the Sports Analysis materially and adversely affects the User's access to or use of the Sports Analysis, the Operator is obliged to inform the Consumer or EOCR; well in advance, not less than 7 days, on a durable medium, of the features and date of the change, as well as the rights associated with such changes;
5. if a change in the Sports Analysis materially and adversely affects the User's access to or use of the Sports Analysis, the Consumer or EOCR may terminate the Agreement without notice within 30 days from the date of the change in the Sports Analysis or the notification of the change in the Sports Analysis if the notification is later than the change. The User shall not be entitled to this right if the Operator provides the Consumer or EOCR;, at no additional cost, with the right to retain the Sports Analyses in accordance with the Agreement in an unaltered state.
Sports Analyses are prepared with due diligence, based on the previous experience and knowledge of the creator of the Sports Analysis. At the same time, the user should be aware that the predictions contained in the Sports Analyses may not prove to be accurate. The Operator does not guarantee the accuracy of Sports Analyses, in particular the Operator does not guarantee that the Sports Analyses posted will fully meet the expectations of the Users and will enable the achievement of all goals subjectively assumed by the User.
After accessing the Sports Analyses, the User may consult them within the browser or the mobile device in use, and is also entitled to download the marked Sports Analyses to his/her carrier, provided that the Operator allows downloading. The Operator is not obliged to enable downloading of all Sports Analyses. The Operator does not impose a limit on downloads of Sports Analyses.
The User may use the Sports Analyses solely for the purpose of personal development. Subject to paragraph 10, the User shall not under any circumstances be entitled to use the Sports Analyses in his/her business or professional activity, in particular for the purpose of reselling the Sports Analyses under his/her own label, using them to provide services to third parties or other commercial activities using the Sports Analyses.
If the User wishes to use Sports Analysis in his/her business or professional activity, a licence may be granted in accordance with § 38.9.

§21. Rules regarding the posting of User Content

Where a Subscription or Package also includes the right to participate in a Community Group, the User may participate in a Community Group, but is not obliged to do so. The basic rules for the User's participation in Community Groups are contained in the Rules of Procedure, which does not exclude or limit the Operator's right to introduce separate rules, which will contain rules related to the use of Community Groups. The introduction, amendment or cancellation of separate regulations does not require an amendment to these Rules.
Unless otherwise specified in the separate rules of the Community Group, for the purpose of participation in a Community Group, the User is obliged to:
1. comply with the rules regarding participation in the Community Group;
2. use the Community Group in accordance with its purpose and intended use;
3. to be respectful to other users, to refrain from any verbal aggression or vulgarity, as well as from other actions that may violate the comfort of other users;
4. not carry out any business, promotional or otherwise commercial activity without the prior consent of the Operator.
If the User intends to post any User Content on the Platform or in a Community Group, the User is obliged to edit the User Content in accordance with the rules of the English language, in a balanced and factual manner.
The User may not post User Content that:
1. are incompatible with the subject matter of a given thematic module or interest group - contributions should be related to the content appearing on the Platform or Community Group, broadly defined, to the development of Users' competences in the field of sporting events;
2. duplicate content that has previously appeared in the Community Group. Before posting new content, the User is obliged to ensure that similar content has not been posted before;
3. concern technical issues related to the functioning of the Community Group or the Platform - technical issues should be reported by Users electronically to the e-mail address dribbledata@gmail.com
4. include links;
5. are used to carry out activities that are competitive to the Operator, such as the promotion of competing internet platforms;
6. serve to carry out unauthorised advertising, promotional, marketing activities, in particular through the posting of advertisements, sales and promotion of products, services, projects, collections. An exception to this are regular posts made by administrators of Community Groups, which will serve advertising, promotional, marketing activities of Users;
7. are used to carry out activities prohibited by law, e.g. attempts to defraud and defraud other Users;
8. incite or advocate violence against any living creature, including animals;
9. promote any fascist or other totalitarian state system;
10. incite or advocate hatred based on differences of gender, sex, nationality, ethnicity, race, religion or irreligion;
11. insult a group of people or individuals because of their gender, sexual, national, ethnic, racial, religious or irreligious affiliation;
12. contain content of a chauvinistic and misogynistic nature as well as bearing the hallmarks of gender discrimination;
13. defame or insult any third party;
14. infringe the personal rights of any third party;
15. contain vulgarities or other content of an offensive nature;
16. incite or praise dangerous behaviour;
17. offend religious feelings;
18. may cause discomfort to other Users, in particular by lacking empathy or respect for other Users;
19. contravene the applicable legal order or good morals in a manner other than that set out in points a-r.
When you post any User Content on the Platform or in a Community Group, you are obliged to ensure that you have the rights to use or dispose of such User Content, and you are obliged to ensure that your posting on the Platform or in a Community Group does not infringe any third party rights, in particular copyright.
With regard to any User Content that has been uploaded or created by the User on the Platform or in the Community Group, the User grants the Operator and the other Users a licence under the terms of § 37.9.
In the event that User Content posted by another User may violate the Terms of Use, the User or a third party may report such User Content for verification by the Operator. The verification of the User Content by the Operator shall take place within 30 (in words: thirty) days of receipt of the report at the latest. After verification, the Operator may remove the User Content in accordance with clause 8 or acknowledge that the User Content does not violate the Terms of Use.
The Operator may verify the User Content posted by the User at any time, and in the event that the Operator determines that the User Content violates the Terms of Use, the Operator may remove such User Content. At the same time, the Operator reserves that it is not obliged to check the User Content posted by Users in advance, in particular through preventive checks (e.g. as part of the prior approval of User Content added by Users) or in any other form of checking User Content.
If a User uses a Community Group in violation of the Terms of Use or separate regulations, in addition to removing the User Content, the Operator has the right to suspend or disable the User's access to the Community Group, as well as to restrict the available functions, using the options available in the given social medium or communicator. Prior to suspending or disabling access, as well as limiting available functions, the Operator shall provide the User with an opportunity to provide an explanation and, if possible, to remedy any breaches that may result in the suspension or disabling of access to the Community Group, provided that the removal of breaches is possible.
The user has the right to leave the Community Group at any time on his/her own initiative and without negative consequences in terms of access to the Platform.
If the User does not use the Community Group on his/her own initiative or has been removed or suspended by the Operator as a result of infringements committed by the User, and at the same time the Operator remains willing to operate the Community Group, the User is not entitled to a refund of the Fees paid, taking into account the relevant provisions of consumer law.
In the event that the Operator decides to remove a given Community Group, the Operator will notify the Users at least 7 (in words: seven) days in advance. Thereafter, the Operator is entitled to remove the Community Group, including deleting or archiving any content that has been posted in the Community Group.
After withdrawal from the Agreement by the User who is a Consumer or EOCR;, the Operator may not use User Content, with the exception of User Content that: are only useful in connection with the Digital Services; relate solely to the activity of the Consumer or EOCR in the course of using the Digital Services; have been linked by the Operator with other data and cannot be disconnected without undue difficulty; have been created jointly with other Users who may continue to use them.
At the request of a User with the status of Consumer or EOCR;, the Operator shall make available to such User, at its expense, within a reasonable time and in a commonly used machine-readable format, the User Content that has been created or provided during the use of the Digital Services. This obligation shall not apply to the return of User Content referred to in paragraph 13.1-3.

[CHAPTER VIII: FEES. PAYMENT ARRANGEMENTS]

§22. Charges for using the Platform

In respect of the User's use of Services of a chargeable nature, the User shall be obliged to pay Fees in the amount specified in the price list applied by the Operator. In particular, this applies to the purchase of a Subscription or a Package.
Fees for Subscription or Packages are paid in advance and the Fee is one-off.
In the case of one-off Fees, the Fee is paid once for the entire Subscription Period or Package Validity Period.
The Operator shall have the right to change the Prices during the Subscription Period.
If the Operator remains available to provide the Services and the User does not use the Services for reasons attributable to the Operator, the Operator shall not be obliged to reimburse any Fees to the User, taking into account applicable consumer law.

§23. Special entitlements and promotional campaigns

The Operator may offer discounts, rebates or other gratuities when using the Services available on the Platform, in particular for the purchase of a Subscription or a Package. Decisions regarding the granting of discounts, rebates or other gratuities shall be made by the Operator.
Whenever a Price reduction is communicated, the Operator shall, in addition to the information on the reduced Price, also include information on the lowest Price that was in effect during the period of 30 days prior to the introduction of the reduction. If a particular Service is offered for sale for a period of less than 30 days, the Operator shall include, in addition to the information on the reduced Price, information on the lowest Price that was in effect during the period from the date of commencement of offering that Service for sale until the date of introduction of the reduction.
The Operator is entitled to organise promotional campaigns, in particular in cooperation with Partners, and as a result, Users taking part in a promotional campaign may be exempt from the obligation to pay Fees to the Operator or obliged to pay them at a lower amount than specified in the price list.
Rules for promotional actions are defined in separate promotional action regulations.
The Operator shall be entitled to verify at any stage whether the User fulfils the conditions for participation in the promotional campaign. If it turns out that the User has violated the conditions on which the granting of special rights depends, the Operator may exclude such User from participation in the promotional action.
If the Operator has organised a promotional action and the User has not taken advantage of it for reasons attributable to the User (e.g. as a result of the User not logging on to the Platform, not reading an e-mail for a prolonged period of time, classification of an e-mail sent by the Operator as spam by the User's e-mail provider, etc.), the User shall not be entitled to claims in connection with the promotional action, in particular the right to take advantage of it at a later date or to receive an equivalent for unused entitlements.

§24. Making payments

The fee for the Subscription or Package is paid in advance - with the purchase of the Subscription or Package.
Payment of the Fees is possible through the payment methods indicated on the Platform at the time of purchase, and payments may be made:
1. by transferring the Price to the bank account indicated by the Operator (traditional transfer);
The payment day is the day on which the funds are credited to the Operator's bank account or on which the electronic payment is positively authorised.
At the request of the User, the Operator shall issue an invoice. In order to do so, the User shall be obliged to provide the Operator with all the data necessary to issue an invoice in accordance with the applicable tax law - by indicating them in a message sent to dribbledata@gmail.com. Invoices will be transmitted electronically, to the e-mail address indicated by the User. In this regard, the User authorises the Operator to send invoices by means of electronic communication, in particular to the electronic address provided by the User.
The User authorises the Operator to issue invoices without the User's signature.

[CHAPTER IX: OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES]

§25. Other rights and obligations of the Operator

Under the Agreement, the Operator undertakes:
1. provide the Services in accordance with the Terms and Conditions;
2. inform the User of relevant circumstances relating to the use of the Services;
3. provide Users with information on the use of the Services, including on the functioning of the Platform, and this may be done by means of messages;
4. provide access to the User's account and related data and documents;
5. take appropriate technical and organisational measures to protect the Platform against loss, damage and unauthorised access or use;
6. serve Users during working days and hours.
The operator has the right to:
1. inform Users, by electronic means, of important notifications relating to the Services, including through the posting of messages.
2. asking Users for their general opinion and level of satisfaction in using the Services. Opinions may be collected in the form of questions or short surveys via an ICT system;
3. to carry out marketing activities in accordance with applicable legislation and user statements, if required;
4. sending e-mails or system notifications with information on releases;
5. sending e-mails or system notifications with information about new collaborations with Partners;
6. sending e-mail or system notifications with information about new functionalities.
The Operator may make the resources of the Platform available for the provision and storage by other entities of content of an advertising nature, which need not be related to the Operator's activities. All proceeds from the provision and storage of advertising content shall accrue exclusively to the Operator. The detailed terms and conditions for the provision and storage of advertising content, as well as the principles of payment shall be determined on a case-by-case basis by the Operator with the entity interested in the provision and storage of such content.

§26. Other rights and obligations of the User

As part of the Agreement, the User undertakes:
1. comply with the provisions of the Rules of Procedure;
2. pay all Fees in accordance with the Terms and Conditions;
3. use the Services in accordance with their intended purpose and the available functionalities;
4. use the Services in accordance with the law, in accordance with the provisions of the Terms and Conditions and the principles of social co-existence;
5. process personal data in accordance with the applicable legislation and, in particular, notify third parties of the processing of personal data when obliged to do so;
6. not to infringe the intellectual property rights of the Operator or any third party;
7. cooperate in good faith with the Operator in the proper performance of the Agreement;
8. inform the Operator of all relevant circumstances relating to the performance of the Agreement;
9. provide all necessary explanations, information and other data at the Operator's request;
10. secure for themselves access to the devices and equipment that are used to use the Platform.
The user has the right to:
1. manage its data and consents (it can withdraw its consent at any time);
2. use of the Services in accordance with the Terms and Conditions;
3. address enquiries to the Operator's helpdesk and lodge complaints.

[CHAPTER X: LIABILITY OF THE PARTIES]

§27. Operator's liability

Subject to the limitations of liability provided for in the other provisions of the Terms and Conditions, the Operator shall not be liable for:
1. failure to achieve the objectives expected by the User under the Agreement;
2. unsuitability of the Services for the purpose intended by the User;
3. the consequences of blocking or deleting the User's account for reasons attributable to the User;
4. lack of access to the Platform for reasons attributable to the User;
5. the consequences of unauthorised interference with the Platform by the User or third parties;
6. loss of data stored in the Operator's information and communication systems for reasons attributable to the User or a third party independent of the Operator;
7. incorrect performance of the Contract for reasons attributable to the User or a third party, in particular external suppliers;
8. technical problems in making payments for reasons attributable to third parties, in particular payment operators;
9. the actions and omissions of the Partners;
10. the consequences of a delay in the payment of Fees by the User;
11. Failure by the User to comply with the Operator's instructions and recommendations;
12. providing incomplete, untrue or inaccurate personal data, including contact details;
13. the consequences of using the Services in breach of the law;
14. the consequences of the User's failure to comply with the provisions of these Terms and Conditions;
15. the effects of force majeure.
With regard to Sports Analysis, the Operator is not responsible for:
1. the accuracy of the predictions indicated in the Sports Analysis;
2. how the User uses Sports Analysis;
3. damage caused by the use of Sports Analysis in gambling organised by third parties;
4. negative consequences of the User's participation in gambling organised by third parties, in particular in the form of gambling addiction.
The Operator shall not be liable for lost profits - the Operator's liability may relate at most to actual loss.
The Operator is not responsible for suppliers of external technology, equipment, services etc.
The liability of the Operator towards the User for damages for non-performance or improper performance of the Agreement is limited to wilful damage.
The limitations and exclusions of liability provided for in the Terms and Conditions, in particular in paragraphs 1 to 5, do not apply to damage in respect of which, according to mandatory legal provisions, the Operator's liability cannot be excluded or limited.
The Operator's liability towards Users who are Consumers or EOCR for non-performance or improper performance of the Agreement is governed by the relevant provisions of civil law and consumer law, and therefore the provisions of this paragraph relating to the limitation or exclusion of the Operator's liability for non-performance or improper performance of the Agreement do not apply to Consumers or EOCR.

§28. Responsibility for the compliance of the Digital Services with the Contract

The warranty for defects in Digital Services, as referred to in the provisions of the Civil Code, is excluded for Contracts which are concluded by Users other than the Consumer or the EOCR.
The provisions on liability for the conformity of Digital Services with the Contract that are contained in the proper consumer rights acts shall apply to Contracts that are concluded by the Consumer or the EOCR, taking into account the provisions of the Terms and Conditions.
The Operator is responsible to the Consumer and the EOCR for the compliance of the Digital Services with the Agreement. The compliance of the Digital Services with the Contract shall be assessed in accordance with the provisions of the consumer rights.
For Digital Services:
1. delivered at one time or in parts - the Operator shall be liable for the non-conformity of the Digital Services with the Agreement that existed at the time of delivery and became apparent within two years of that time;
2. provided on a continuous basis - the Operator shall be liable for any failure of the Digital Services to comply with the Agreement which occurred or became apparent at the time they were to be provided in accordance with the Agreement.
Where the Operator provides Digital Services on a continuous basis, the Digital Services shall be compliant for the duration of their provision in accordance with the Agreement.

§29. Bringing the Digital Services into compliance with the Agreement

If the Digital Services do not comply with the Contract, the Consumer or EOCR may demand that the Digital Services be brought into conformity with the Contract.
If bringing the Digital Services into compliance with the Agreement is impossible or would require excessive costs for the Operator, the Operator may refuse to bring the Digital Services into compliance with the Agreement.
The Operator shall bring the Digital Services into conformity with the Agreement within a reasonable period of time, not exceeding 21 days, from the time the Operator is informed by the Consumer or the EOCR that the Digital Services are not in conformity with the Agreement, and without undue inconvenience to the Consumer or the EOCR, taking into account their nature and the purpose for which they are used.
The costs of bringing the Digital Services into compliance with the Agreement shall be borne by the Operator.

§30. Reduction of the Price or withdrawal from the Contract in the event of non-conformity of the Digital Services with the Contract

If the Digital Services are not in conformity with the Contract, the Consumer or EOCR may make a declaration to reduce the Price or withdraw from the Contract when:
1. The Operator has refused to bring the Digital Services into compliance with the Agreement in accordance with § 29.2;
2. The Operator has not brought the Digital Services into compliance with the Agreement;
3. the lack of compliance of the Digital Services with the Agreement continues, even though the Operator has attempted to bring the Digital Services into compliance with the Agreement;
4. the lack of conformity of the Digital Services with the Contract is so significant that it justifies a reduction of the Price or cancellation of the Contract without first resorting to the measures referred to in § 29 Paragraph 1;
5. it is clear from the Operator's statement or circumstances that it will not bring the Digital Services into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer or the EOCR.
The reduced Price must remain in such proportion to the Contract Price as the value of the non-conforming Digital Services remains to the value of the conforming Digital Services. If the Digital Services are provided in parts or continuously, the reduced Price must take into account the time during which the Digital Services remained non-conforming with the Contract.
The Operator is obliged to reimburse the Price due to the Consumer or EOCR immediately, but no later than within 14 days of receipt of the Consumer's or EOCR's statement on the reduction of the Price.
The Consumer or the EOCR may not withdraw from the Contract if the Digital Services are provided in exchange for payment of the Price and the lack of conformity of the Digital Services with the Contract is immaterial. The lack of conformity of the Digital Services with the Contract shall be presumed to be material.

§31. Settlement with the Consumer or EOCR in case of withdrawal from the Agreement

In the event that a User who is a Consumer or a EOCR withdraws from the Contract:
1. under the consumer warranty rights for non-conformity of the Digital Services with the Contract;
2. in the event of the Operator's failure to provide Digital Services, despite a request from the User, The provisions of this paragraph shall apply to settlements between the Parties.
The Operator shall be obliged to reimburse the Price only to the extent that it corresponds to the Digital Services that are not in conformity with the Agreement or to the Digital Services in respect of which the obligation to provide them has fallen due to the withdrawal from the Agreement. At the same time, the Operator shall not be entitled to claim payment for the time during which the Digital Services were not in conformity with the Agreement, even if the Consumer or the EOCR actually used them before the withdrawal from the Agreement.
The Operator is obliged to reimburse the Consumer or EOCR the Price due to it immediately, but no later than within 14 days of receipt of the Consumer's or EOCR's declaration of withdrawal from the Agreement.
The Operator shall refund the Price due using the same method of payment used by the Consumer or EOCR, unless the Consumer or EOCR has expressly agreed to a different method of refund that does not incur any costs for the Consumer or EOCR.

§32. User responsibility

The User shall be liable to the Operator under the general rules of civil law, including liability for the actions of third parties with whom he executes the Agreement or to whom he entrusts the execution of the Agreement in whole or in part, as for his own actions.
In particular, the User is liable to the Operator for:
1. use of the Platform contrary to the Terms and Conditions, in particular by using it for purposes other than those for which it was intended;
2. causing harm to a third party during the use of the Platform, in particular by infringing any third party rights;
3. carrying out unlawful activities using the Platform, in particular in relation to gambling;
4. infringement of intellectual property rights or other intangible rights of the Operator or of third parties;
5. unlawful processing of personal data;
6. delays in carrying out the obligations provided for in the Regulations;
7. non-payment or late payment of Fees;
8. providing false, incomplete or otherwise factually or legally incorrect information for the purpose of using the Services.
In the event that a third party makes any claims against the Operator due to the User's use of the Platform, the User shall indemnify the Operator against any liability to that third party, and shall pay all documented costs incurred by the Operator in connection with such claims. This proviso shall not apply to Users who are Consumers, in relation to whom the principles of compensation for damages are defined by the applicable legal provisions.

[CHAPTER XI: DURATION OF THE CONTRACT]

§33. Duration of the Agreement

The contract for free Services (e.g. in the form of a newsletter) is concluded for an indefinite period.
In the case of a Subscription, the Contract is concluded for a fixed period which is equal to the Subscription Period, whereas in the case of a Package, the Contract is concluded for a fixed period which is equal to the Package Validity Period. Consequently, the duration of the Contract may vary depending on the selected Subscription Period or Package Validity Period. The Billing Period may or may not coincide with the Subscription Period or Package Validity Period and the duration of the Contract.

§34. Termination of the Agreement

The Operator may terminate the Agreement for valid reasons attributable to the Operator, subject to a notice period of 1 (in words: one) month, effective on the last day of the month, in particular in the event of:
1. revocation, limitation, expiry, modification of the Operator's authority or conditions of operation, in particular following an administrative decision, other ruling or change in the law;
2. the Operator's loss of technical, financial or organisational capacity to perform the Agreement at its current level;
3. a change in the nature of the Operator's business;
4. withdrawal of the Platform from trading, sale of the Platform or other change in the use of the Platform.
In the situations referred to in § 32.2, the Operator may terminate the Agreement, without notice, after calling the User to a specific action or omission and setting an additional deadline of no less than 7 (in words: seven) days.
The User may terminate the Free Services Agreement at any time by sending a statement of termination or by ceasing to use the Services (e.g. by unsubscribing from newsletters, etc.).
The User may terminate the Agreement concluded with the Operator for a definite period of time only in cases indicated in the relevant legal regulations or the Rules. In other cases, the Contract concluded for a definite period of time is not subject to termination before the end of the period for which it was concluded.
If the User cancels the Subscription during the Subscription Period, the User shall retain the right to use the Services until the end of the paid-up Subscription Period.
In the event of termination of the Agreement by the Operator for reasons attributable to the User, the User shall not be entitled to claims for damages against the Operator, nor shall he be entitled to reimbursement of the Fees. This provision does not apply to Users who are Consumers or EOCR, where the principles of settlement are defined by the relevant provisions of consumer law.

[CHAPTER XII: RIGHT OF WITHDRAWAL] - ONLY APPLIES TO EU and UK-USERS

§35. Withdrawal from the Agreement by the User being a Consumer or an NSAID

As a general rule, the User who is a Consumer or an EOCR may withdraw from an Agreement concluded at a distance without giving any reason within 14 (in words: fourteen) days from the date of its conclusion by making a declaration of withdrawal. In order to exercise the right to withdraw from the Agreement without stating reasons, the User should send a statement to the Operator in writing or in electronic form, in accordance with the Operator's contact details. A model declaration is available for download at the link: FILE
The User is not entitled to withdraw from the Agreement:
1. for the provision of Services for which the User is obliged to pay the price, if the Operator has performed the Service in full with the express and prior consent of the User, who has been informed before the provision of the Service has begun that, after the Operator has performed the Service, he will lose his right of withdrawal, and has acknowledged this;
2. for the provision of Services relating to entertainment, sporting or cultural events, if the Contract specifies a day or period for the provision of the Service;
3. for the supply of Digital Content not delivered on a tangible medium, for which the Consumer or EOCR is obliged to pay the price, if the Operator has commenced performance with the express and prior consent of the User, who has been informed prior to the commencement of performance that after the Operator's performance he will lose the right to withdraw from the Agreement, and has acknowledged this, and the Operator has provided the User with the proper confirmation.
If even one of the conditions provided for in paragraph 2 has been fulfilled, the User shall not be entitled to withdraw from the Contract without stating reasons.
In the event of an effective cancellation of a Distance Contract, the Contract shall be deemed not to have been concluded and the User shall be relieved of all obligations, with the exception of obligation to pay for the services performed up to the moment of withdrawal. The amount of the payment shall be calculated in proportion to the extent of the service provided, taking into account the remuneration agreed.
The Operator shall reimburse the User immediately, but no later than within 14 days of receipt of the notice of withdrawal, the payments made by the User which the Operator is obliged to reimburse.
The Operator shall refund the payment using the same means of payment used by the User, unless the User has agreed to a different method of refund that does not incur any costs for the User.

[CHAPTER XIII: COMPLAINTS PROCEDURE]

§36. Complaint procedure

If it is found that the Contract is not being performed in accordance with the provisions of these Terms and Conditions, the User may file a complaint.
A complaint can be made:
1. by sending a complaint to the electronic address dribbledata@gmail.com
2. by sending the complaint in writing, by registered post - to the Operator's address.
The complaint should include:
1. the first and last name (or business name) of the User;
2. contact details;
3. a detailed description of what the non-compliance of the provision of the Services with the Regulations consisted of;
4. the User's demands related to the complaint.
The user may use the model complaint form available at the link: FILE, but this is not obligatory.
Upon receipt of a complaint, the Operator shall immediately acknowledge its receipt - by e-mail to the e-mail address provided.
Complaints are dealt with within 14 (in words: fourteen) days from the date of the complaint.
If the Operator has not delivered the Digital Services in accordance with the Agreement, the User may file a complaint requesting the Operator to deliver the Digital Services. If, despite this request, the Operator fails to deliver the Digital Services immediately or within an additional period agreed between the Parties, the User may withdraw from the Agreement. The User may also withdraw from the Agreement, without calling the Operator to provide the Digital Services, when:
1. it will be clear from the Operator's statement or circumstances that the Operator will not provide Digital Services;
2. The Parties have agreed, or it is clear from the circumstances of the Agreement, that the specified date for the delivery of the Digital Services was of material importance to the User and that the Operator failed to deliver the Digital Services within that date.

[CHAPTER XIV: PROTECTION OF INTELLECTUAL PROPERTY. PROTECTION OF PERSONAL DATA]

§37. Intellectual property rights

The Platform and all materials available on the Platform, including source code, layout, logos, databases, etc., as well as any content posted by the Operator, such as Sports Analysis, may constitute protected intangible property, hereinafter referred to as "Intangible Property". - and shall be protected in accordance with applicable intellectual property laws. The User agrees not to infringe any intellectual property rights throughout the duration of the Agreement and after its termination, under penalty of liability for damages as provided by applicable law.
Pursuant to the Terms and Conditions, the Operator grants the User a non-exclusive licence to use the Intangible Assets to the extent necessary to use the Services. The User is entitled to:
1. record the Sports Analysis on your device or durable medium;
2. use Sports Analysis for your personal development.
The licence referred to in paragraph 2 is granted for the duration of the Services.
The User may not grant further licences (sub-licences) to third parties, except where the granting of a further licence is required for the intended use of the Intangible Property.
The user may not transfer the rights under the licence granted to third parties without the operator's written consent.
Subject to the provisions of fair use, it is strictly forbidden for the User to do so without the Operator's consent:
1. permanent or temporary reproduction (reproduction) of the Intangible Property, in whole or in part by any means and in any form;
2. make any amendments, modifications to sources and changes to the structure of Intangible Assets;
3. use of the Intangible Property and parts, fragments or versions thereof in another software or work;
4. to develop software similar to the Platform, which could constitute developments of the Platform;
5. reproduction, decompilation, disassembly and any other activities that will lead to the source code being obtained in violation of applicable laws;
6. resell, distribute, lend, lease, rent, give for payment or free of charge to third parties the Tangible Property, their copies, any modifications and documentation;
7. perform any acts of disposition of rights in the Intangible Assets for the benefit of third parties.
The licence is granted when the User gains access to the Intangible Assets necessary for the use of the Services. The licence expires when the Services are terminated, regardless of the mode in which this occurs.
The user undertakes to respect the intellectual property rights of third parties, in particular external suppliers.
If the User wishes to use any Sports Analysis in his/her business or professional activity, he/she shall be obliged to request the Operator to grant a licence for Sports Analysis by sending an e-mail to the following e-mail address: dribbledata@gmail.com. Within 30 (in words: thirty) days from receiving the request at the latest, the Operator may, but is not obliged to, provide the User with an offer to grant a licence for Sports Analysis, stating in particular the licence fee and the duration of the licence. The User shall be entitled to use the Sports Analysis only after accepting the Operator's offer and paying the licence fee in full.
With regard to the works that may be created or used by the User on the Platform (User Content), the User grants the Operator and the other Users a non-exclusive, transferable and assignable licence to use such works in the activities carried out by the Operator. Within the framework of the licence granted, the Operator shall be entitled to use the works in any fields of exploitation which prove necessary for the fulfilment of the Operator's objectives in connection with the operation of the Platform. The licence is granted for an indefinite period of time, without territorial restrictions. The Operator shall be entitled to grant further licences to other Users and third parties, in particular for the purposes of employing experts and sub-contractors. The granting of a licence by the User shall be free of charge, which means that the User shall not be entitled to remuneration for the transfer of the work for use.

§38. Data protection

The Administrator of Users' Personal Data is the Operator.
The platform uses cookie technology or other similar technologies.
Detailed rules related to the processing of personal data and cookies are described in the Privacy Policy available at:
When using any personal data belonging to third parties for the performance of the Agreement, the User is obliged to ensure that the use of such data is carried out lawfully and, in particular, that those to whom the data belongs are duly informed of its use.
If the User uses personal data belonging to third parties, the Operator is entitled to assume that the use of such personal data is lawful.
Where:
1. The user does not duly fulfil the obligations set out in paragraph 4;
2. The user unlawfully uses personal data belonging to third parties, If the Operator incurs any liability (civil, administrative) as a result of this, the User may be obliged to compensate the Operator for the damage caused, in accordance with general legal principles.

[CHAPTER XV: RESIDUAL AND FINAL PROVISIONS]

§39. Contact with the Operator

Contact with the Operator is possible in the following ways:
1. by e-mail: dribbledata@gmail.com
2. by phone: +447463944283
3. by regular mail: the Operator's registered address as stated in the Terms and Conditions. The preferred form of communication between the Parties is electronic correspondence, via email.

§40. Final provisions

The Operator reserves the right to amend the Terms and Conditions in cases such as:
1. change the terms and conditions of the Services;
2. the need to adapt the Rules of Procedure to legal changes;
3. the need to adapt the Rules of Procedure to a decision, judgment or other ruling of a competent court or state authority;
4. the need to comply with a legal obligation incumbent on the Operator;
5. editorial changes.
Each document is marked with the date from which its provisions apply.
Amendments to the Terms and Conditions shall be published on the Platform and, in addition, Users shall be notified of the planned change to the Terms and Conditions electronically, by e-mail (provided that the Operator has the User's e-mail address).
Amendments to the Terms and Conditions shall become effective on the date indicated in the notice of amendment to the Terms and Conditions, but not earlier than 7 (in words: seven) days after the notice referred to in paragraph 3.
If the change to the Terms and Conditions is of a material nature and materially affects the rights or obligations of the User, the User shall have the right to terminate the Agreement to be performed also after the change to the Terms and Conditions, until the planned entry into force of the changes.
The Operator of the Website is VALORPICKS LTD, 27 Old Gloucester STreet, London, WC1N, 3AX, United Kingdom, Company Number: 15408665
The law applicable to the Contract shall be the law applicable to the Service Provider's (Operator's) registered office. In matters not regulated in the Terms and Conditions, the provisions of the law applicable to the registered office of the Service Provider shall apply. This does not, however, deprive a Consumer residing outside the United Kingdom of the possibility of invoking the provisions in force in his country of residence providing for solutions more favourable to him than the law of the United Kingdom, if they are of a mandatory nature resulting from the relevant acts of international or community law.
If the Rules of Procedure are drawn up in different language versions, the English version shall prevail.
The headings of drafting units (paragraphs) used in the Terms and Conditions are informative for the convenience of the Parties and do not affect the interpretation of the Contract.
All annexes form an integral part of the Rules of Procedure.
If any provision of the Terms and Conditions in whole or in part is held to be invalid, ineffective or unenforceable, the validity, effectiveness or enforceability of the remaining provisions of the Terms and Conditions shall not be affected thereby. The parties hereby agree to replace such provision with an appropriate provision of law.
In the event of any disputes arising between the Parties regarding the conclusion, interpretation, performance and legal effects of the Agreement, the Parties shall in good faith enter into negotiations with a view to resolving the dispute amicably. If a dispute is not resolved amicably, the Parties shall submit the dispute for settlement to a court of competent jurisdiction for the seat of the Operator, and in the case of Users who are Consumers or EOCR - - to a court of general jurisdiction whose jurisdiction derives from consumer protection rules, insofar as they are mandatory under the relevant instruments of international or Community law.
The regulations are effective as of 01.02.2024

Last updated: 30/01/2024

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