Terms Of Service

Terms of Service

Last Updated: 11th December 2024

Please read these Terms of Service and our [insert link to Privacy Policy] carefully before using GameStake Technologies Ltd's ("GameStake") Services. By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with GameStake. If you do not completely agree to these Terms of Service then you must not use any of our Services. Except as expressly stated otherwise, GameStake is not endorsed by, directly affiliated with, maintained or sponsored by any video game platform, developer, publisher or brand. All content, game titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.

1.1 Ownership and Limited License

a) The Services are owned or licensed by GameStake and are protected by Intellectual Property Rights and other proprietary rights laws. GameStake reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of GameStake.

b) Subject to your agreement and continuing compliance with these Terms of Service and any other relevant GameStake policies, GameStake grants you a non-commercial, non-exclusive, non-transferable, non-sub-licensable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment purposes. You agree that you will not use the Services for any other purpose. You acknowledge that in order for GameStake to provide you with Services, it is necessary to also provide related functionality, such as analytics, measurement, ad personalisation, financial transaction processing, fraud prevention, identity checks, security measures, marketing, and customer support. You must ensure that your location settings are turned on when using the GameStake platform in order to allow us to verify your location from time to time.

c) License Limitations: Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at GameStake’s sole judgment, or may subject you to liability for violations of law. You acknowledge you will not directly or indirectly: i) Partake in any activity or action that GameStake deems to be against the spirit or intent of the Services; ii) Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services; iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services; iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services; v) Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, GameStake itself or GameStake Affiliates; vi) Organise or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by GameStake; vii) Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services; viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or GameStake; ix) Use or access Services to obtain, generate, or infer any business information about GameStake or GameStake Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users; x) Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying GameStake; xi) Make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and GameStake employees; xii) Attempt to gain unauthorised access to Services or Accounts not belonging to you; xiii) Use the Services where it is prohibited by law.

2.1 Eligibility and Account

• Customers must provide accurate and up-to-date registration information.

• Notify us immediately of any unauthorised use of your account.

2.2 Account Management

• Each account may only be used by one person.

• Sharing accounts is prohibited. GameStake reserves the right to suspend or terminate accounts violating these rules.

2.3 Third Party Accounts

• Use of the Services may require an account with the platform operator (e.g., Apple, Google). Compliance with their terms is required.

• No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any Account you create through our Services, and your Account is not your property. Your Account is owned by GameStake and is licensed to you on a limited basis as set out hereunder.

• GameStake may from time to time, in its absolute discretion, alter or amend or withdraw any of the Services or any part thereof, at any time, and may alter platform fees, features, specifications, capabilities, functions, rules and/or other characteristics of the games, Tournaments, competitions and/or Services.

• GameStake may at its discretion engage new or alternative third-party service providers (“Third Party Service Providers”) in respect of any of its Services. By registering or playing with any such third parties, you thereby provide your consent to any applicable additional terms and conditions of such third parties that will be brought to your attention and as they may be amended from time to time, including but not limited to any change to the third-party service provider itself.

2.4 If your account is deleted, you may lose access to all associated information. Notify GameStake at contact@gamestaketechnologies.com to close your account.

3.1 Services Provided

• Game Optimiser offers backend services, including Managed Hosting, analytics, multiplayer functionality, and gift card services.

• GameStake reserves the right to modify or withdraw services, fees, or features at any time with notice.

3.2 Managed Hosting

• Includes resource provisioning, automatic scaling, and security updates.

3.3 Gift Cards

• Gift Cards are subject to the terms of the issuing brands. GameStake does not control expiration dates.

• Fraudulent use of Gift Cards will result in immediate cancellation.

4.1 User Content

a) To the maximum extent permissible by law, GameStake assumes no responsibility or liability for the conduct of any user submitting any User Content and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.

b) When you transmit or upload User Content, you agree to abide by the following rules: i) All content will be accurate, complete, and free from fraud and deception; ii) All content will be free of any Intellectual Property Rights infringement; iii) All content should not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities; iv) All content will be in compliance with these Terms of Service; v) All content will not be in violation of any law, contractual restrictions, or other parties' rights; vi) All content will be free of viruses, adware, spyware, worms, or other malicious code; vii) All content will be free of spam, commercial solicitation, chain letters, and mass mailings.

c) All User Content that you post will be considered non-confidential. GameStake will only share personal information that you provide in accordance with the Privacy Policy. GameStake is not responsible for any other user or third party’s use or appropriation of any User Content that you have submitted through the Services.

d) You hereby grant GameStake a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialise, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to GameStake and GameStake Affiliates all licenses, consents, and clearances necessary to enable GameStake to use User Content for such purposes. You also hereby grant to GameStake the right to authorise others to exercise any of the rights granted to GameStake under this Section. You further hereby grant to GameStake the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. GameStake does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content.

e) In compliance with applicable laws, if GameStake is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address contact@gamestaketechnologies.com. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to GameStake under this provision should include: i) A description of the Intellectual Property Rights claimed to have been infringed; ii) A description of the material claimed to be infringing; iii) Your name, mailing address, phone number, and email address; iv) A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorised to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and v) A physical or electronic signature of a person authorised to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.

5.1 Fees and Payment

• Charges incurred for services are final and non-refundable, except as required by law.

• Payments must be made on time. Failure to do so may result in account suspension.

• There are no refunds on gift cards purchased but not used.

6.1 Warranties and Disclaimers YOU ACKNOWLEDGE THAT GAMESTAKE AND GAMESTAKE AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES. THE SERVICES ARE PROVIDED BY GAMESTAKE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. GAMESTAKE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GAMESTAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAMESTAKE DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF GAMESTAKE AND/OR GAMESTAKE AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO GAMESTAKE AND/OR GAMESTAKE AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID GAMESTAKE OR ANY GAMESTAKE AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAMESTAKE AND/OR ANY GAMESTAKE AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, GAMESTAKE AND GAMESTAKE AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.

6.2 Limitation of Liability

• GameStake is not liable for indirect, incidental, or consequential damages.

• Total liability is limited to the amount paid by you in the preceding 180 days.

7.1 Indemnity

a) You agree to defend, indemnify and hold harmless GameStake, GameStake Affiliates, and any third-parties under agreement with GameStake, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to: i) Your failure to comply with any provision of these Terms of Service; ii) Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and iii) Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilise or utilises processor cycles during periods of time when such program is not directly or indirectly being used. b) GameStake and GameStake Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. c) You acknowledge, and further agree that GameStake has no obligation to defend, indemnify or hold harmless you in any way related to this agreement, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time. d) This Section shall survive the termination of this agreement.

8.1 Conflict Resolution

a) Informal Resolution. With respect to any Conflict, you agree to attempt to negotiate the resolution of any Conflict informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon GameStake’s receipt of Notice from you.

b) Contact Information. GameStake can be reached at the following email address: contact@gamestaketechnologies.com.

9.1 Service Availability, Termination and Cancellation Rights

a) You acknowledge that: i) GameStake may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services; ii) GameStake has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts and any and all funds related to your Account at any time, for any reason, without Notice and without liability to you; iii) Access to the Services may be interrupted for reasons within or beyond the control of GameStake, and that GameStake cannot and does not guarantee you will be able to use the Services whenever you wish to do so; iv) GameStake may not offer the Services in all countries or geographic locations; v) You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services; vi) Skill-based games may be illegal in the jurisdiction in which you are located; if so, you are not authorised to use your payment card to complete this transaction. You are responsible to the maximum extent permissible by law for ensuring you are aware of the laws and regulations regarding skill-based gaming in the territory in which you are located.

Your Right to Cancel Where applicable, if You purchase digital content (for example gaming content) and/or Services directly from GameStake, you will have the right to cancel the purchase and obtain a refund of the purchase price within 14 days after that purchase, provided that you have not streamed or downloaded or used the digital content or been provided with the Services (whether in whole or in part). You will lose this cancellation right as soon as you start to use, stream or download the digital content or as soon as you are provided with the Services (whether in whole or in part) and in doing so you accept that you have lost your cancellation rights. Where you buy Services or digital content from a Third-Party Provider, and you wish to cancel the purchase during the 14 day cancellation period, then you will need to deal directly with the Third Party Provider vendor of the Services or digital content for a refund. GameStake shall have no responsibility to provide any form of refund or liability to You in respect of digital content or Services provided by any Third-Party Provider.

Closure of Accounts Please contact customer services by email at contact@gamestaketechnologies.com if you wish to close your Account. We may close or suspend your Account without notice if your Account remains inactive for a significant period, such period to be determined by us at our discretion. If you have any queries regarding inactive accounts, please contact customer services by email at contact@gamestaketechnologies.com for further information. We are entitled to close your Account at our discretion without notice at any time. If we do close your Account we will endeavour to provide you with details of the reason(s) for such closure upon receipt of written notice from you. Any balance in your Account will be made available to you, subject to your having complied with these Terms and those of Third-Party Providers.

10.1 Term Unless modified or amended by GameStake, this agreement and its provisions shall remain in effect. Termination of any license granted by GameStake under this agreement does not affect any other provisions of this agreement.

11.1 Miscellaneous It is your responsibility to read, understand, and accept this agreement in connection with your use of the Services. You acknowledge that GameStake may make changes to these Terms of Service at any time, and that Section headings in this agreement are for purposes of convenience only. Unless GameStake states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.

d) Entire agreement. This agreement: (1) is the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorised in a writing signed by both parties’ authorised agents; (3) is not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer this agreement or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns. Except as otherwise provided in these Terms and Conditions, a person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

e) Force Majeure. No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, pandemic, war, terrorism, acts of public enemies, strikes or other labour disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters. GameStake shall not be liable for any bet not being placed for any reason or you being disconnected from the Services, including but not limited to failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.

f) No act or failure to act by GameStake will be deemed a waiver of any right contained in this agreement, and any waiver by GameStake must be in writing and signed by an officer of GameStake. If GameStake does expressly waive any provision of this agreement, such waiver shall not be a waiver of any other provisions of this agreement, and the waived provision shall not be waived for all time in the future.

g) If any provision or sub-provision of this agreement is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.

h) You acknowledge and agree that any violation or threatened violation of this agreement will cause irreparable injury to GameStake, entitling GameStake to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by GameStake as a result of a breach of any of the provisions of this agreement.

i) Governing Law and Venue. These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts.

j) To the fullest extent permitted by law, the controlling language for these Terms of Service is English.

k) No Joint Controller Relationships. Nothing in this agreement, the privacy policy, or any document is intended to, or shall be deemed to, establish any joint controller relationship under the General Data Protection Regulation (and similar laws) between GameStake and its partners, API users, SDKs, and sites or apps that we link to.

l) We recommend that you retain a copy of any transaction records and merchant policies and rules in relation to transactions made under these terms and conditions.

12.1 Contact Information GameStake Technologies Ltd

1 Mark Square, WeWork

London, EC2A 4EG

Email: contact@gamestaketechnologies.com