365Scores: End User License Agreement

1. General Terms

This End User License Agreement is a legally binding agreement between the 365 scores Ltd. (“the Company or "we") and you (“you” or “User”) for using, downloading or accessing our mobile application (“Application”), our website, our internet browser add-ons and extensions as well as any of our online services or software (collectively, “Services”). Please read this End User License Agreement carefully before installing or using our Services.

By downloading, activating or utilizing the Services, including any other services provided by the Company through the Company' domain, website, Application, or any other platform associated or affiliated with the Company, you hereby represent, agree to, and are bound by this End User License Agreement and our Privacy Policy which is incorporated herein by reference, as may be amended from time to time (collectively, "Terms").

If you do not agree to these Terms, please do not access or use the Services and immediately remove the Application or software (as applicable) from your device. In this case, you may not download, copy, access or install the Application and may not use it in any manner whatsoever. As long as you do not cease your use of the Services, you will be conclusively deemed to have accepted these Terms.

2. Eligibility

The Services are not designed for or intentionally targeted at minors 18 years of age or younger, and it is not our policy to intentionally collect, solicit or maintain information about anyone under the age of 18.

If you are under the age of 18, please ask permission from your parents or your legal guardian before you use any of the Services. By using the Services, you hereby warrant that you have read these Terms and that you are eligible under any applicable law to use the Services. Please note that Users may be exposed to content unsuitable for children

3. Our Services

The Services provide personalized online information concerning sports events, including score boards, live scores and notifications, highlights, gambling ratio, links to online articles and videos, live statistics, news, updates and any sport information the Company may decide to offer to its Users (“Content”).

We also enable our Users to share their opinions, comments and feedbacks with regard to Content which is available through the Services ("User Submissions"). Any reference to “Content” in these Terms shall include User Submissions and Third Party Content (as defined below in section 4) which are shared uploaded or linked to within our Services.

The Services also provide a designated search engine as well as advertising and marketing information. In addition, the Services may include a toolbar or other additions and plug-ins to internet browsers such as Internet Explorer, Google Chrome, Opera, Safari, Mozilla Firefox, etc. ("Browser"). You hereby approve and agree that as part of the installation of the software, you may be requested to apply changes to your Browser or the device you are using to access our Services. Such changes may include: changing the default search engine of the Browser; changing the default Home Page of the Browser; changing the settings of the mobile device and the mobile device’s screens; allowing for software updates, including automatic updates to your mobile device; and allowing for the performance of searches through a designated search engine.

Tips: Our basic Services are free, but we may offer you paid upgrades for advanced features such as expert tips concerning sports events (“Tip(s)”). You may purchase such Tips by using the native billing module which is applicable to you (via Google Play or App Store). We offer our Users different purchase options as they can choose between purchasing a single Tip through the “in-app” purchase and between purchasing weekly subscriptions (“Subscription”). If you purchase a Tip or Subscription which resulted in a loss, we may provide you, at our sole discretion, the next Tip or additional Subscription period (as applicable) for free. Please note that we maintain no refund or cancellation policy of any paid fees.

Please note that by completing a purchase of Tips or Subscriptions, you may be required to share with the payment service providers your personal information and any other information which is required by the payment service providers in order to complete the purchase. We may change the rates of Tips and Subscriptions from time to time and at our sole discretion.

We may offer you from time to time (but not obliged to) limited Tips for free. You acknowledge that we will not have any legal or commercial obligation to grant you such free Tips.

4. Third Party Content and Third Party Software

As part of the Services, we may share with you embedded Content as well as links to third party’s online platforms which publish publicly available Content (e.g. videos, news, etc.), such as YouTube, Dailymotion, etc. (“Third Party Content”).

The Company is not responsible for the compatibility or nature of Third party Content nor for the compatibility or nature of such third party’s online platforms and any use or reliance on any Third party Content linked via the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, lawfulness, truthfulness, accuracy, or reliability of any Third party Content available via the Services (see below, section 12, details regarding our Procedure for Making Claims of Infringement and Abusive Content).

You acknowledge that Third Party Content is the sole responsibility of the person or the third party’s online platforms which originated such Content and under no circumstances whatsoever will the Company be liable in any way for any such Content.

Portions of our Services may include software that we license from third parties, which may include open source software or related components ("Third Party Software"). Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software. We do not make any warranty with respect to Third Party Software.

5. Intellectual Property and License

Subject to your full compliance with the Terms, the Company hereby grants you a limited, personal, non-exclusive, revocable, non-sub licensable, non-transferable, non-assignable license to download, install and use the Services for the sole purpose of your personal use. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.

The Company is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Services or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Services or for any of the reasons for termination as mentioned below.

The Services are not intended for your commercial use, or any other non-personal use. The Company, its affiliates and partners, and they alone, are permitted to place advertisements and commercial information through the Services.

All our intellectual property assets (“IP“) including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Our Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our trademarks or the trademarks of any third party.

Except as expressly stated herein, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our Services, without our prior written permission. You hereby warrant that you will not make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Services or any part thereof.

If you link from another website or applications to one or more of our Services, the website or the application, as well as the link itself, may not, without our prior written permission, suggest that we endorse, sponsor or are affiliated with any non-Company website, application, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.

6. Privacy

You acknowledge that to the extent you choose to use or access certain features of the Services and to upload Content you may be asked to submit or enable the transmission of certain personal information, which is required for the operability of such features.

At all times your information and Content will be treated in accordance with our Privacy Policy, which describes how we access, use, store and disclose your information and Content when you use the Services, and is incorporated in these Terms by reference. Some of the Services may require registration, in which case you may be requested to give personal information for registering for an account. Please note that you may not be able to register to the Services if you will not provide certain details that are required for registration. If you choose to register or submit information you agree to the use of such data in accordance with our Privacy Policy, and the information you provide will be kept in the Company's data base. By accessing and using the Services, you agree and understand that we will use your information and Content as set forth in our Privacy Policy {Link}, and you allow us to do so.

7. Downloading Application from the App Store

The following applies to any application, including the Application, accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):

8. Your Representations and Undertakings

You shall use our Services in complete accordance with the Terms, as amended from time to time.

You shall not use the Services for any unlawful or unauthorized purpose. You agree not to use to the Services in order to disturb or damage the Services or the servers or the networks connected to the Services. You must not ignore conditions, policies or regulations of networks which are connected to the Services.

By using the Services with respect to your User Submissions, you affirm, represent, and warrant that:

You acknowledge that you are responsible for any information or User Submissions that you submit through the Services and any other communications options available by us, including your responsibility as to the legality, reliability, appropriateness, originality and copyright of any such information and User Submissions.

You acknowledge that User Submissions, Content and opinions expressed on our Services and in any corresponding comments are the personal opinions of the original authors or the Users and not of Company, and that all Content, User Submissions and information which you may have access to as part of, or through your use of the Services are the sole responsibility of the person or source from which such content originated.

You acknowledge that in order to use the Services, you may need to use Wi-Fi or receive data connectivity services from your service provider. The cost of the Wi-Fi or data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not. In particular, you further acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Services, depending on your location at any particular time.

You acknowledge that we may report to government authorities any actions that may be considered illegal or which may be required by such authorities. When requested, we may cooperate with government authorities in any investigation of alleged illegal activity. You further confirm and acknowledge that we may also maintain records of all such content.

You will not transmit to or in any way, whether directly or indirectly, expose the Company or any of the Company's online service providers to any computer virus or other similarly harmful or inappropriate material or device.

You shall not use any feature of the Services for any purpose that is unlawful, tortuous, abusive and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.

You shall not use the Services to: (i) impersonate another person or otherwise misrepresent your affiliation with a person or entity; (ii) attempt to reverse engineer, decompile or disassemble any of the software embodied in the Services or interfere with the proper working of the Services; or, (iii) bypass the measures the Company may use to prevent or restrict access to the Services.

9. Limitation of Liability

The Services and Tips are provided to you at your own risk. The Company and its affiliates, or their respective directors, officers, employees or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of the Services or for any other claim related in any way to your use of the Services and Tips.

These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Company had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the Company' liability shall be limited to the extent permitted by law. In no event shall the Company's cumulative liability to you or any third party under any legal theory (including, but not limited to, tort, contract, negligence, strict liability, or otherwise) for any loss or damages exceed US$1,000.

You further acknowledge and agree that the Company may change the Services in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.

The Company does not endorse, warrant or guarantee any product, Tip or service offered through its Services, and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, the Company would not be able to offer the Services.

10. Indemnification

You agree to indemnify and hold the Company, its affiliates and their respective directors, officers, employees and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content or the warranties and representations made by you under these Terms.

Under no circumstances whatsoever will the Company be liable in any way for any of the Tips or Content including, without limitation, for any infringement of third party's right, loss or damage of any kind incurred as a result of the use or display or performance of any Third Party Content transmitted, displayed or otherwise made available through the Services.

11. Warranty Disclaimers

User acknowledges and agrees that the Services (including Tips) and any of the Content, are provided "as is", "as available", and "with all faults", are used only at your sole risk, to the fullest extent permissible by law.

the Company disclaims all warranties, express or implied, of any kind, regarding the Services (including their Content, products, information, software, Tips, and links), and including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses.

The Company makes no warranty that the Services (including Tips) will meet your expectations or that the Services will be available on an uninterrupted, secure, or error-free basis.

You acknowledge and agree that use of the Services is at your own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, without limitation, any damages to your computer system, mobile device or any other device used to access the Services, or data stored on such devices, is solely yours.

The Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

The Company shall not be liable for any loss that you may incur as a result of someone else using the Services, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your Services.

Any information regarding sports results or any other Content published through the Services or any Tips provided to you through the App, are provided and published by different third parties, and not on the behalf of the Company or any of its affiliates or representatives. Please note that such information does not constitute an advice, recommendation or an authorized opinion, and does not replace the necessity of consulting with a professional to the extent necessary. For the avoidance of doubt, the Company shall not be liable for any mistakes, errors, or inaccuracy in the Tips and Content published through the Services. You hereby exempt the Company from any liability for such mistakes, errors, or inaccuracy and or for any damages whatsoever caused to you due to your reliance on any Tips or Content displayed through the Services.

Please note, that the Services may provide links to other websites, applications or add-ons maintained by third parties, who may not be governed by these Terms, and the Company shall not be responsible for the compatibility or nature of such links or their content. Furthermore, the Company shall not be liable for the content or the credibility of any advertising displayed via the Services, and such advertisements do not constitute encouragement or recommendation by the Company for the purchase of the advertised services or products.

If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

12. Procedure for Making Claims of Infringement and Abusive Content

It is Company’s policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement. In addition, we are providing you the option to report and notify us if you encounter in our Services any abusive Content or any Content or User Submissions which violates your or any other third party’s rights.

Should you believe that Content or User Submissions available via the Services infringes one or more of your copyrights or is abusive to you or any other third party, please notify us by following the detailed instructions as presented in our Reporting Abuse Policy & Copyright Policy.

13. Online Gambling Web-Sites

You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Services. Access to certain web-sites that might offer online gambling might not be legal for some or all residents of, or persons present in, certain Jurisdictions.

It is your responsibility to determine the law that applies in the applicable Jurisdiction, and the Company does not make any representation or warranty, express or implied, as to the lawfulness of your participation in online gambling, or that materials displayed on the Application are appropriate for use in your Jurisdiction.

The Company does not intend that online gambling websites be accessed by persons present in Jurisdictions in which the playing of games, betting, gambling or entering sweepstakes may be prohibited or restricted. You agree that the Services do not constitute an offer, solicitation or invitation by the Company for the use of any service in any Jurisdiction in which such activities are prohibited or restricted.

14. Changes and Retention

The Company reserves the right to purge User's content from its databases at any time and from time to time without notice, and it is Users' responsibility to back up any such content or data. We may also disable your account (if applicable) and access to use the Services and the Company may recover from User any losses, damages, costs or expenses incurred by the Company resulting from or arising out of User's non-compliance with any provision of these Terms.

the Company may at any time modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, impose restrictions on them in its sole discretion, for a specific User or all Users, without the need to give notice, including but not limited to block, cutoff, restrict, and cease services for any reason. When you use the Services, you hereby acknowledge and agree that the Company shall not be liable to you or to any third party, for any modification, suspension or discontinuance of the Services or any modification, suspension or deletion of the Application, and you waive any claim regarding reliance on the Services.

15. Applicable law

The Services, these Terms and any dispute arising in connection therewith, shall be exclusively governed by and construed in accordance with the laws of the State of Hong Kong, and you hereby agree that all such disputes shall be brought exclusively in the appropriate courts of Hong Kong, Hong Kong.

16. Miscellaneous

These Terms shall constitute the entire agreement between you and the Company concerning the Services. In the event of contradiction between the provisions of these Terms and the provisions of any other advertisement or publication, of any kind whatsoever, it is hereby clarified that these Terms and any of its provisions shall prevail.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term under these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

The Company reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.

You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without the Company’s prior written approval.

The Company reserves the right, at its sole discretion, to periodically amend or revise the Terms. Material changes will be effective immediately upon the publication of the amended Terms. Your continued use of the Application or our Services, following the amendment of the Terms, constitutes your acknowledgement and consent of such amendments to the Terms. The last revision will be reflected in the "Last modified by" heading above. In the event of a material change to these Terms, the User may be notified within the Application or through our website.

How to contact us

If you have any general questions about our Services, you can contact us at contact@365scores.com