IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY (“CUSTOMER”) AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY,
OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCEPT THIS AGREEMENT AND CUSTOMER MAY NOT USE THE PRODUCT.
THIS USER END AGREEMENT (FURTHER KNOWN AS “AGREEMENT”) IS BETWEEN CUSTOMER AND THE POKERAID ENTITY
FOR THE APPLICABLE REGION DESCRIBED IN SECTION 16 (“POKERAID”).
BY USING THE PRODUCT AFTER NOTICE OF THIS AGREEMENT OR BY CLICKING OR CHECKING A BOX INDICATING YOUR ACCEPTANCE
OF OR ASSENT TO THE TERMS OF THIS AGREEMENT (THE FIRST DATE ON WHICH ANY SUCH ACTION OCCURS, THE “EFFECTIVE DATE”),
CUSTOMER AGREES TO ALL OF THE TERMS OF THIS AGREEMENT.
I. USER PERSONAL DATA
Disclosure about processed personal data by GAMES AID sp. z o.o.
In accordance with the Regulation (EU) 2016/679 of the European Parliament and the council of 27th April 2016
on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,
and repealing Directive 95/46/EC a.k.a. General Data Protection Regulation
(„GDPR”), GAMES AID informs about the highest security and protection
has been used in order to preserve and protect any personal data that is being processed by GAMES AID sp. z o.o.
Personal Data Administrator
Games AID sp. z o.o., ul. Stanisława Moniuszki 1a, 00-014 Warsaw, Poland. Under nr 0000705988 in the Polish National Court Register.
Personal Data Protection officer in GAMES AID sp. z o.o.
The User have the right to withdraw consent at any time where relevant, as well al have the right to lodge a complaint
information we hold about you or you would like to communicate with our data protection officer.
By email at firstname.lastname@example.org
Or write to us at: Games AID sp. z o.o., ul. Stanisława Moniuszki 1a, 00-014 Warsaw, Poland
Personal Data collected by GAMES AID:
User personal data will be processed only wih the accordance of Article 6.1.f of GDPR:
„Processing is necessary for the performance of a contract to which the data subject is party or in order
to take steps at the request of the data subject prior to entering into a contract”
While using the website pokeraid.net the user may be requested to share his personal contact information
(name and email address), when you contact us for support or sales assistance , purchase an item from our
website (contact information, as well as payment information), or communicate about a particular
offer or product with others on our community forums.
Games Aid processing and transfer of the data that the User provides is limited to the following purposes:
fulfillment of User's order(s)/contract(s), extension/delivering product updates/service-subscriptions or
licenses, product registration and activation, customer and technical support as the User may request
from time to time, processing license renewals as requested by the User, automatically processing license
renewals if you elect automatic renewal of User's subscription and internal (compliance) audits and fraud prevention.
In accordance with the Article 7 GDPR, the User always have the right to request:
If the User does not wish to provide the requested information, however, he may not be able to complete
the transaction or obtain full functionality on the site if the information is essential to complete the transaction or functionality.
- Gain access to his personal data. Games Aid is obliged to deliver a copy of User's processed personal data the User upon his request;
- Change his personal data;
- Deletion of his personal data;
- Limiting processing of his personal data;
- The User can decide whether to proceed with any activity that requests personal information.
User Personal Data will be stored by Games Aid only for the time necessary to acomplish it's purpose for
which they were stored, after which time they will be deleted in such a way that it will be impossible
to identify the use. Personal Data may be stored for a longer period only if such obligation is mandatory
based by the applicable law or in order to defend against any possible imdemnify claims.
Sharing Personal Data and Legal Disclossures:
In certain instances, it may be necessary for Games Aid to disclose User personal information to government
officials or otherwise as required by applicable law. No personally identifiable information will be disclosed
to any law enforcement agency or governmental agency except in response to:
A subpoena, warrant or other process issued by a court of competent jurisdiction;
A legal process having the same consequence as a court-issued request for information, in that
Games Aid would be in breach of law were it to refuse to provide such information, and it or its
officers, executive or employees would be subject to liability for failing to honor such legal
process; or, Where such disclosure is necessary for Games Aid to enforce its legal rights pursuant
to the laws of the jurisdiction from which such information was gathered, and there is a legal basis to do so.
Games Aid Responsibilities:
Games Aid will foretake any necessary precautions and highest care in order to safeguard
User's Personal Data. Games Aid will take appropriate security measures, consistent with modern
information security practices, to protect User personal information. These measures include,
on our web sites and Internet-enabled technologies, administrative, technical, physical and procedural
steps to protect User data from misuse, unauthorized access or disclosure, loss, alteration, or destruction.
II. USER AGREEMENT
License Grant; License Conditions. Subject to the terms and conditions of this Agreement,
Pokeraid hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license of the
Product solely in accordance with this Agreement. As a condition to the foregoing license,
Customer must warrant that: (a) has the full right and authority to enter into, execute,
and perform its obligations under this Agreement; (b) has accurately identified Himself/Herself and has not provided any inaccurate information about Himself/Herself to or through the Product; and (c) He/She is a person aged 18 or older, a corporation, the sole proprietorship of an individual 18 years or older, or another entity authorized to do business pursuant to applicable law.
Customer must not: (a) use the Product to process Customer’s production data or use the
Product in Customer’s production environment; (b) use the Product with data or information
that has not been backed up; (c) sell, distribute, rent, lease, sublicense, display, modify,
time share, outsource or otherwise provide the Product to any third party or use it in a
service bureau, outsourcing environment, or for the processing of third party data; (d) modify,
copy or create derivative works based on the Product; (e) create Internet “links” to or reproduce
any content forming part of the Product, other than for its own personal non-commercial purposes;
(f) disassemble, reverse engineer, or decompile the Product or any part thereof, or access it
in order to copy any ideas, features, content, functions or graphics of the Product; (g) interfere
with or disrupt the integrity or performance of the Product; (h) use the Product in violation
of any applicable law or regulation or any right of any third party; (i) attempt to gain
unauthorized access to the Product or its related software, systems, platforms or networks;
(j) use any components provided with the Product separately from Product; (k) access the
Product for benchmarking or competitive purposes; (l) modify, delete or remove any ownership,
title, trademark, patent or copyright notices from the Product; or (m) use the Product for any
purpose other than as specifically provided in this Agreement.
Termination; Effect of Termination. Either party may terminate this Agreement at
any time for any or no reason upon written notice to the other party. Upon expiration of this
Agreement: (a) Customer’s license hereunder will automatically expire; (b) Customer must cease all
use of the Product, and return or destroy (at Pokeraid’s option) all copies of the Product to
Pokeraid; (c) Customer must return or destroy (at Pokeraid’s option) all of Pokeraid’s Confidential
Information (defined below); and (d) the Product’s features or capabilities may become restricted or
removed. Nothing herein obligates either party to enter into any further agreement with the other
party. Sections 5, 6, and 8-17 survive any expiration or termination of this Agreement.
If a generally available product (“GA Product”) is announced that replaces the Product and Customer
desires to acquire a license to access and use that GA Product, then Customer must acquire access to
that GA Product under the then-current subscription service terms with Pokeraid or its appropriate affiliate.
Feedback. All Feedback is provided at the sole discretion of Customer. Customer
hereby assigns to Pokeraid all right, title and interest in the Feedback, including all intellectual
property rights therein. If requested by Pokeraid, Customer agrees to execute such further
instruments as Pokeraid may reasonably request confirming Pokeraid’s ownership interest in such Feedback.
Ownership. Pokeraid and its affiliates or licensors own and retain all right, title
and interest to the Product, including all related intellectual property and proprietary rights therein.
Pokeraid owns and retains all right, title and interest in all software, documentation, questionnaires,
methodologies, algorithms, logic, models, charts, reports and any other items used to deliver the
Product or made available to Customer as a result of the Product (“Product Accessories”) and access
to and use of the relevant Product Accessories is governed by the terms of this Agreement, including
the conditions in Section 3 above. Pokeraid reserves any rights not expressly granted to Customer in this Agreement.
Support. Pokeraid may, in its sole discretion, provide Customer with certain support
and consultation services with respect to the Product free of charge to assist in the evaluation and
testing activities under this Agreement; provided, however, that Pokeraid is not obligated to correct
any bugs, defects, or errors in the Product or otherwise support or maintain the Product.
Pokeraid may discontinue any support or consulting services at any time.
Confidential Information. In the course of their relationship, the parties may disclose to each other
information identified at the time of disclosure as confidential (“Confidential Information”), which
may include information concerning their respective businesses and technology. The Product
(including the performance characteristics of the Product) and all Product Accessories are the
Confidential Information of Pokeraid. All Confidential Information will remain the property of the
disclosing party, and the receiving party will have no interest in or rights to such Confidential
Information except as necessary to accomplish the purposes of this Agreement. Except as authorized
herein, each party agrees to maintain all Confidential Information of the other party in confidence,
to not use or disclose any Confidential Information of the other party except as expressly permitted
by this Agreement, to restrict access to the other party’s Confidential Information to its employees
and contractors who have a need to have access to the Confidential Information and who are bound by
confidentiality obligations at least as restrictive as those set forth in this Agreement, and to take
all reasonable precautions to prevent any unauthorized disclosure of such information. The foregoing
restrictions on use and disclosure of Confidential Information do not apply to information that:
(a) is in the possession of the receiving party at the time of its disclosure and is not otherwise
subject to obligations of confidentiality; (b) is or becomes publicly known through no wrongful act
or omission of the receiving party; or (c) is received, without restriction, from a third party
free to disclose it without obligation to the disclosing party.
No Warranty. YOU ACCEPT THE SYSTEM “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE,
OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) POKERAID HAS NO OBLIGATION
TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY;
(b) POKERAID DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PERFORM WITHOUT INTERRUPTION OR
ERROR; AND (c) POKERAID DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR
OTHER UNAUTHORIZED INTRUSION OR THAT CUSTOMER DATA WILL REMAIN PRIVATE OR SECURE.
Indemnification. You shall defend, indemnify, and hold harmless Pokeraid and the
Pokeraid Associates against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding
arising out of or related to Yours alleged or actual use of, misuse of, or failure to use the System,
including without limitation: (a) claims related to unauthorized disclosure or exposure of personally
identifiable information or other private information, including Customer Data; (b) claims related to
infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right
by written material, images, logos or other content uploaded to the System through Your account, including
without limitation by Customer Data; and (c) claims that use of the System through Your account harasses,
defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction
on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related
to Pokeraid’s negligence. Your obligations set forth in this Article 10 include retention and payment
of attorneys and payment of court costs, as well as settlement at Your expense and payment of judgments.
Pokeraid will have the right, not to be exercised unreasonably, to reject any settlement or compromise
that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
POKERAID BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF
BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. CUSTOMER
ACKNOWLEDGES THE ALLOCATION OF RISK SET FORTH IN THIS SECTION, AND ACKNOWLEDGES THAT POKERAID WOULD
NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
Acknowledgements. Pokeraid does not guarantee that it will make a commercial release
of a version of the Product available. Customer acknowledges and agrees that the Product is a pre-release
version, does not represent a final product from Pokeraid, and may contain bugs, errors, or other
problems that could cause Product failures and other damages, including, without limitation, damage
to Customer’s computer. CUSTOMER’S USE OF THE PRODUCT IS ENTIRELY AT ITS OWN RISK.
Exports. Customer will not export, directly or indirectly, any technical data acquired
from Pokeraid pursuant to this Agreement or any product utilizing any such data to any country for
which the Polish government or any agency thereof at the time of export requires an export license
or other governmental approval without first obtaining such license or approval. Customer indemnifies
and holds Pokeraid and its licensors harmless from any actions, claims, losses, or damages arising from breach of this Section.
Remedies. The parties acknowledge that money damages are not an adequate remedy for
any breach or threatened breach of one or more of a party’s obligations set forth in Sections 3 or 8.
The parties therefore agree that in addition to any other remedies available at law or under this Agreement,
Pokeraid or Customer will be entitled, without further proof of irreparable harm other than this
acknowledgement, to equitable relief, including injunctions, against the other party for any breach
of the foregoing obligations, all without proof of money damages and without the posting of bond.
Severability. If any provision of this Agreement is unenforceable, such provision
will be changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.
Pokeraid Entity and Governing Law. For any action relating to this Agreement, Customer
agrees to the following governing law and exclusive jurisdiction and venue. This Agreement is governed
by the laws of the Polish law jurisdiction without regard to its conflict of laws provisions.
Customer agrees to personal jurisdiction by and exclusive venue in the courts sitting in Poland,
with regard to any and all claims arising out of or relating to the Product or this Agreement. This
Agreement will not be governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
Miscellaneous. Any translation of the English language version of this Agreement
provided by Pokeraid to Customer is provided for Customer’s convenience only, and the English language
version of the Agreement will take precedence over the translation in the event of any contradiction
arising from translation. If any provision of this Agreement is held unenforceable, that provision
will be enforced to the extent permissible by law and the remaining provisions will remain in full
force. All of Customer’s notices required under this Agreement must be in writing and are considered
effective: (a) 1 business day after Customer send an email to: (i) the email address for Pokeraid as
listed on any of Customer’s order documentation or available to Customer through any in-product
messaging; and (ii) email@example.com, each with proof of receipt; or (b) 5 days after mailing,
when sent certified mail, return receipt requested, and postage prepaid to: Games AID sp. z o.o., ul.
Stanisława Moniuszki 1a, 00-014 Warsaw, Poland. By providing Customer’s email address to Pokeraid or
a reseller, Customer agree to receive all required notices from Pokeraid electronically to that email
address. Such notices are effective upon being sent to the email address or being published via
in-product messaging. It is Customer’s responsibility to change or update Customer’s email address.
Customer may not assign this Agreement without the prior written consent of Pokeraid, which will not
be unreasonably withheld; provided, however, that Customer may freely assign or transfer Customer’s
rights or obligations hereunder to any affiliate or any successor to Customer’s business or assets
to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization,
or otherwise. Pokeraid may assign this Agreement without Customer’s consent, although Pokeraid will
use commercially reasonable efforts to notify Customer of any assignment. No provision of this
Agreement will be deemed waived unless the wavier is in writing and signed by Pokeraid. This Agreement
sets forth the entire understanding and agreement between Pokeraid and Customer with regard to the
subject matter herein and supersedes any prior oral or written agreements or understandings between
Customer and Pokeraid with regard to the subject matter herein. This Agreement may only be modified
or amended with Pokeraid’s express written consent.