Terms and Conditions

Introduction

THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH THE DAO OF THE XYZBET (HEREINAFTER REFERRED TO AS “DAO”), AND USE OF THE XYZBET APPLICATION (“WEBSITE”), IS PROVIDED TO YOU BY THE DAO, AND BETTING SERVICES ARE AVAILABLE THROUGH IT. YOU MAY USE THIS WEBSITE ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE.

General terms and acceptance of this Agreement

1. The DAO makes this Website, including all information, graphics, documents, text, products, and all other elements of the Website and an opportunity for data providers to offer smart contract-based and decentralized products and betting services on this Website available for your use subject to the terms and conditions outlined in this document and any additional documents available on the Website. By accessing and using this Website, betting on this Website, or clicking a checkmark at the “I agree with the Terms of Use” button and pressing the “Next” button, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do not agree to any additional specific terms or particular transactions concluded through this Website, then you should NOT use the part of the Website.

2. In some countries, online betting is prohibited by law. You understand and accept that the DAO can't provide you with legal advice or guarantee the legitimacy of Website use. You use our services all by yourself and take full responsibility for legalizing online gambling in your country. You shall not use VPN, proxy, or similar services to override our country's technical restrictions.

3. The DAO does not provide services that contradict the current gambling legislation in your country. By using our Website's services, you acknowledge, guarantee, and agree to legalization in your country. The DAO is not responsible for unauthorized or illegal use of our Website's services.

4. The DAO does not allow the use of our services to users that are citizens, reside, or are located in the following countries: the United States, Russia, China, and Turkey. The DAO can update this list without prior notice at any time. You agree that you will not use any services on the Website in the abovementioned jurisdictions. Otherwise, we will be forced to block your access. The DAO decides about withdrawals from blocked accounts following unilateral provisions.

Deposits, money transactions, and withdrawing money from the account

1. To start betting through a smart contract using the website's interface, you must have a decentralized crypto wallet (MetaMask) with cryptocurrency on it. You must connect your wallet to the Website, and the bets can be placed in ERC-20/Polygon tokens.

1.1. When making a deposit, please remember that there may be a delay in receiving funds to your account. Please consider this information when receiving/wagering a bonus.

2. You acknowledge and agree to fulfill the following paragraphs:

2.1. All funds on your cryptocurrency wallet connected to the Website are your funds and are not of illegal origin;

2.2. You cannot reverse any transactions made from your decentralized cryptocurrency wallet connected to the Website or decline any payments made by you, which may cause refunds by a third party to avoid legal liability.

3. The DAO does not accept funds from third parties: relatives, friends, partners, husbands/wives. Money used for betting on the Website can only come from your wallet. If any of these Terms of Use are violated during the security check, you will be added to the blacklist by the DAO and will not have access to the services on the Website.

4. By requesting a transfer to return the funds to the rightful owner, all gas fees are covered by the receiver of the money.

5. You agree not to deny any conducted transactions, not to cancel any transactions related to payments and in any such cases, and assure that you will compensate the DAO funds and any costs related to collecting your deposits.

6. In the case of discovering suspicious or fraudulent deposits (including any refunds or cancellations of payments) and deposits made to exchange funds between payment systems or different smart contracts, the DAO has the right to block your access. We have the right to inform the relevant authorities and/or organizations (including credit reporting agencies) about any fraud with payments or other illegal activities. We can hire credit reporting agencies to return payments.

Rules for making bets on the Website

By accepting these Terms of Use, you also accept the rules of making bets on the Website, which can be found in the Bet Rules section.

Refund Policy

Our betting offers are provided for entertainment only. Any stakes you place on a bet are non-refundable as the product is virtual and is instantly staked. If you bet with cryptocurrency, funds will instantly be drawn from your wallet and cannot be returned. It is important to remember that the DAO does not have access to the User's funds. All of the funds are sent directly to the smart contract.

Conspiracy, misleading actions, fraud, and criminal activity.

1. The following activities are unacceptable and violate the Terms:

1.1. Disclosure of personal information to third parties;

1.2. Fraudulent activities, which include the use of malicious programs, errors in our software, use of “bots” – automatized players;

1.3. Committing fraudulent activities in your interests;

1.4. Participation in money laundering and any other activity which leads to criminal consequences;

1.5. An attempt to conspire or intentions to directly or indirectly participate in conspiracy schemes with other users during gambling on the Website.

2. We reserve the right to block you from the Website if you are trying to take advantage of the received winnings.

3. The DAO will take the necessary measures to identify and suspend all the conspirators. Suppose you or any other user in collusion with you has suffered losses or damages due to fraud and illegal operations. In that case, we are not responsible for this and will act on that situation at our discretion.

4. If you have identified a person who is in collusion or colludes in fraud, you must inform us about it by email as soon as possible.

5. If we suspect you of fraud or fraudulent activities, we may at any time, without prior notice, block your access to the services of our Website. Under such circumstances, we release ourselves from the obligation to refund or, in any other way, compensate you for the funds spent on the Website. We also reserve the right to notify competent authorities about the fraud, and you will be obliged to cooperate with the DAO on the investigational matter.

6. You are prohibited from using fraudulent software and illegal acts or any prohibited transactions by the current law of your country. Administration of the Website is authorized to block or suspend your access and freeze your bets at any time. ****

7. If the DAO suspects that you are using prohibited software, the DAO may conduct an additional investigation. Please note that your access to the Website will be suspended during this period.

8. If signs of using prohibited software are detected, your access to the Website will be terminated.

Other prohibited activities on the Website

1. It is strictly forbidden to use insulting or aggressive phrases or images, as well as to use obscenities and make threats or violent actions against users of the Website and the DAO.

2. You do not have any right to provide the Website with information that can lead to the failure of the Website, as well as carry out any other actions that may affect its proper functioning. It is prohibited to use malicious software and viruses. “Spam” messages or mass mailing are strictly prohibited. It is forbidden to misinterpret and delete any information on the Website.

3. Use of the Website is for personal entertainment purposes only. Copying the Website and any information without our written consent is prohibited.

4. Using our Website, you assure that you will not attempt to hack and/or gain access to our security system. Suppose we suspect you have tried or are trying to hack or gain access to the Website and avoid our security system or software in any other possible way. In that case, we will deny you access to the services of the Website, block your account, and notify the law enforcement authorities.

5. We are not responsible for any losses that you or the third party may sustain as the result of the technical errors (which were caused by malfunction of any IT-Programs, virus attacks, or other harmful programs) while using the Website and/or downloading any materials posted on it, as well as any links to the Website.

6. It is prohibited to sell or exchange accounts between users.

Errors or other defects

1. In using the website's resources, there may be problems with payments or rates because of errors on the Website or smart contracts. Such shortcomings include the following examples: incorrect counting of the gambling gains, incorrect calculation of returns, and improper setting of values of odds due to the incorrect provision of information.

2. If You have already used those funds that accrued due to error, the DAO has the right to call off any winnings and rates that you received or could receive one of such funds.

3. Neither the DAO nor its members or partners, provider of the service, are responsible for the damage (including loss of winnings) that occurred because of the user or the Website.

4. The DAO and its members are not responsible for any losses or damages that may be caused by the interception or misuse of any information transmitted via the Internet.

Limitation of our liability

1. You agree that you will decide whether to use the services of the Website or not and at your own risk.

2. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE DAO, ITS MEMBERS, OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WEBSITE'S RECORDS, PROGRAMS OR SERVICES.

3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to certain users.

4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DAO (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT OF 100 (ONE HUNDRED) xDAI.

5. The DAO is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God, or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.

Violation of Conditions

1. If you have violated the Terms, you must fully compensate all costs or expenses, including judgmental enforcements and other costs.

2. You undertake to recoup the damages and defend the interests of the DAO, its non-brand partners, and their respective companies, as well as their relevant officers, directors, and employees, from any claims, demands, liabilities, damages, losses, costs and expenses, including legal costs and any other costs that arise from the following reason:

2.1. Violation of Terms of Use;

2.2. Violation of the law or the rights of the third parties;

2.3. Attempts to gain access to your account or services using your data by third parties, with or without your permission;

2.4. Acceptance of any winnings that were obtained this way.

3. If you violate the Terms, we reserve the right but are not obliged to do the following:

3.1. To notify you (using your contact information) that you are violating the Terms and require you to stop violations;

3.2. To temporarily suspend paying operations to you so that you cannot bet on the Website;

3.3. To block connection to your wallet, with or without prior notice.

Intellectual property rights

1. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets, and all other related proprietary rights in this Website, are vested in the DAO and/or its licensors and the DAO and/or its licensors are the sole and exclusive owners thereof. All rights in the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its products, or Services except as expressly authorized herein. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of the DAO, is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

2. The DAO hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names, or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third-Party materials are the properties of their respective owners. The DAO disclaims any proprietary interests in intellectual property rights other than its own.

3. If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Change of Conditions

1. For various reasons, including legal (following new laws or regulations), commercial, and those related to improving customer service, the DAO reserves the right to edit, modify, and update Terms without prior notice to the users. All new Terms and the date of coming into effect are available on the Website. Notification of all changes, supplements, and amendments is made by posting the updated Terms of Use on the Website. The user agrees to read the current Terms of Use and monitor their updates regularly.

2. If you disagree with the changes, you can stop using our Website and close your account. Use of the Website after the changes enter into force will automatically be considered acceptance of the renewed Terms of Use, regardless of whether you have been notified of all updates or have read the renewed Terms.

Your personal data

We comply with the data protection requirements in how the Website uses any personal data collected during your use. The Website processes any personal information you provide only following the Privacy Policy.

Complaints and notifications

1. If you have complaints about the website's functionality, contact the support service as soon as possible to lodge a claim.

2. In the case of a disagreement, you agree that records on the server and all correspondence will be submitted as the final evidence in resolving the contentious issue.

Interpretation

The original text of the Terms of Use is in English, and any interpretation of it should be based on the original English text. If conditions, other documents, or notes related to it have been translated into any other language, the English version will be adhered to.

Transfer of rights and obligations

We have the right to transfer, assign, sublicense, or pledge the Terms of Use to any person (whole or partly).

Severability of the agreement

Suppose a court of competent jurisdiction holds any term, provision, covenant, or restriction of these Terms of Use as invalid, illegal, void, or unenforceable. In that case, the remainder of the Terms of Use, provisions, covenants, and restrictions set forth herein shall remain in full force and effect. It shall in no way be affected, impaired, or invalidated. The parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as contemplated by such term, provision, covenant, or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants, and restrictions of the Terms of Use without including any of such that may be hereafter declared invalid, illegal, void, or unenforceable.

Third-Party Materials and websites

1. To use this Website, you may need to obtain and/or use certain third-party products (i.e., Devices), services, and/or materials (“Third-Party Materials”). Third-Party Materials are (i) not licensed hereunder; (ii) not under DAO’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or after the installation and/or use of the Third-Party Materials and before the effective use of this Website and/or Services. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third-Party Materials or to entitle You to use such Third-Party Materials.