TERMS AND CONDITIONS OF USE FOR THE SBOTIPS.AI WEBSITE, FOR THE RELATED SERVICES AND FOR THE "SBOTIPS" SMARTPHONE APPLICATION
These terms and conditions of use relate to the application called Sbotips (hereinafter referred to as "App") which replicates the contents and services provided through the Sbostats.com website, the latter being available only to Italian users. The Sbostats.com site and the App are the exclusive property of the company Sbostats S.r.l. (VAT 04035000985), with registered office in 20147 Milan (Italy), at Via A. Inganni n.93, in the person of its legal representative for the time being (hereinafter referred to for brevity as "Sbostats").
Anyone using the Sbotips application and/or the Services provided by the company Sbostats, whose characteristics are also reported on the website www.sbotips.ai (hereinafter the "Site"), accepts these terms and conditions of use and the Cookie Policy (Sbostats); for the specific use of the APP, please refer to the following Cookies (https://www.iubenda.com/privacy-policy/10286484/cookie-policy), which require the explicit consent of users and the possibility of choosing those not necessary for navigation purposes.
Users who register are required to accept both the terms and conditions of use and the information on the processing of personal data (Sbotips Privacy Policy (iubenda.com)), even if they intend to use the free services made available to them by the application. Violation of the terms and conditions of use may result in the exclusion of the user, with denial of access to the services offered by Sbostats and with every legal consequence.
By using the Sbotips application or by activating the Services offered by Sbostats (in this case, following the subscription and payment of the same), you accept and bind yourself to these terms and conditions of use.
In the case of use of the Site or the Sbotips app and/or related services, by unregistered users, the latter, by choosing to browse the www.sbotips.ai Site or the Sbotips application, are nevertheless required to comply with these terms and conditions of use.
1 REGISTRATION
1.1 To use the paid services provided by the App, the User is required to register by filling out the appropriate form, which requires the following mandatory personal data: first name, last name and email. Alternatively, the User can register using their Google or Facebook accounts if the service is available in their country; in this case, the same personal data required by the registration form will be shared with Sbostats, as the owner of the App: first name, last name and email.
At the time of registration, the User must accept these terms and conditions of use, as well as give any consent in relation to further information submitted to them. Access to the App and Services is subject to the acceptance of the User's request by Sbostats.
1.2 The User undertakes to provide truthful, correct and complete data. In case of violation of this provision, Sbostats reserves the right to prevent the User from accessing the Site, the App and/or the Services, in whole or in part, temporarily or permanently.
1.3 It is expressly prohibited to use the Site, the App and the Services by persons under the age of 18.
1.4 During registration, the User will need to choose a password which they must carefully store, with express prohibition to transfer and/or disclose to third parties the access data to the Site or the app related to their profile (account). In case of registration using Google or Facebook accounts (if available), the initial password will be the one chosen by the User for the aforementioned services, but it can be changed later using the appropriate function in their profile page.
1.5 In the event that the User suspects that someone has learned their access data, they must contact Sbostats, so that appropriate protection measures can be taken. If Sbostats ascertains a violation of the prohibition set out in point 1.4, it reserves the right to block and/or delete the accounts attributable to the User.
1.6 Password recovery can be carried out automatically, through the procedure provided by the App, upon recognition of the User, who will receive instructions in the email box provided at the time of registration to change it.
1.7 The User will be held responsible, within the limits of the law, for the activities carried out through their account on the Site and on the Sbostats App, indemnifying and holding Sbostats harmless from any damage, compensation obligation and/or penalty resulting from the violation of the prohibitions indicated in the previous points.
2 FREE VERSION
2.1 The User who does not register will have access to a "free" version of the Site and the App, which includes limited functionality. The use of the Site and the App implies acceptance of these terms and conditions of use.
2.2 While browsing the Website and the app, the User may see third-party content and advertising messages in the form of banners visually distinct from the content of the Website/App and statistical data. They are promoted through the Google AdSense and Google AdMob networks, managed in Europe by Google Ireland Ltd., with no connection to Sbotips, which merely hosts these spaces within its Website and App.
Sbostats, as the owner of the Sbotips APP and related websites, is not responsible in any way for the content, information, and services/products promoted through the aforementioned advertising banners on its web pages and its app.
Users who have subscribed to a PRO type subscription service with Sbotips will be able to browse the App without seeing the advertising banners.
3 SUBSCRIPTION AND RELATED COSTS
3.1 After registering and validating their account via the OTP code sent to them at the time of registration, the User will be enabled to purchase one of the subscription packages offered by SBOStats via the App.
The payment for the subscription can be made directly in the App, according to the methods provided by the Store where the User is already registered (e.g., Apple Store/Google Play); this feature is available exclusively for subscription services and for users who created their first account via the App. Transactions will be managed directly by the reference Store, therefore Sbostats assumes no responsibility for them.
3.2 The available subscription package has a duration of 30 days and automatically renews at the end of the reference period for a similar period.
3.3 The User, by subscribing to the subscription services, acknowledges and agrees that the price paid for them and/or for the additional services cannot be refunded in any case, as immediate use is provided.
4 RIGHT OF WITHDRAWAL
4.1 Following registration in the App and the insertion in the respective form - or through the use of Google/Facebook accounts (if available) - of the requested personal data, the User accesses the complete statistical service provided by Sbostats.
After payment of the price for the subscription services and their activation, the User receives full provision of the same, which excludes any possible reconsideration and/or withdrawal in their favor.
4.2 In no case does the User have the right to total or partial refunds of the amounts paid in relation to subscription services.
4.3 The User requesting the cancellation of their profile (account) registered on the App will no longer have access to the previously subscribed services unless they register again and pay for those they intend to use. They will also not have access to the history of activities carried out with the previous registration. The account deletion must be requested via the contact form on the Site or via the appropriate function provided in the App.
5 DISCLAIMER
5.1 The Services offered by Sbostats constitute statistical tools based on the outcomes of sports events in relation to the odds associated with them by bookmakers. The statistical data is updated at the end of the events to which they refer.
5.2 The Site and the App do not provide sports betting services (typical of bookmakers authorized to carry out such activities), but only a statistical database related to the sports events contained in it. The Site/App therefore does not allow to directly place sports bets.
5.3 Within the App, there is a service called "Virtual Bet Slip," which allows you to select sports events and view the bookmakers' odds among those present on it. Sbostats assumes no responsibility for the reliability of the bookmakers' odds present on the App, nor for any losses that the User should suffer, as the latter assumes direct responsibility for their choices in terms of authorized games. The User intending to place one or more sports bets, using the bookmakers' odds reported within the App, will be transferred to the website or app of the chosen bookmaker, with which they will independently manage these activities.
5.4 Sbostats commits to preserving the privacy of its Users and treats their data in accordance with current regulatory provisions. The complete Privacy Policy, related to the Sbotips App, can be viewed at the following link: Política de Privacidade do Sbotips (iubenda.com).
5.5 Neither Sbostats nor any of its commercial partners can be held responsible for any losses that may occur against the use of the statistical data made available to users. Consequently, Sbostats does not guarantee winnings and cannot be held responsible for losses resulting from the use of said data, or for any errors in their processing and subsequent use by users.
5.6 The User, by using the Services provided by Sbostats, accepts the risk connected to any sports bet made by them, given that sports bets and online gaming can involve the loss of all the capital employed. They, therefore, indemnify Sbostats and each of its commercial partners from any responsibility for any losses that may arise from the aforementioned activities.
5.7 Sbostats disclaims any responsibility for any damages resulting from the inaccessibility to the Services provided or from any damages caused by viruses, damaged files, errors, omissions, interruptions of the Services, deletions of contents, problems related to the network, providers, or telephone and/or telematic connections, unauthorized accesses, alterations of data, and the faulty and/or defective functioning of the User's electronic equipment.
5.8 Sbostats cannot be held responsible for damages resulting from non-performance of the Services due to incorrect or failed functioning of electronic communication tools, as well as for causes beyond the sphere of its foreseeable control. For example, but not exhaustively, this includes server malfunction and other electronic devices not an integral part of the Internet network, malfunction of installed software and the Internet network, computer viruses and any presence of viruses or other harmful and damaging computer components, and hacker actions or other users with network access. The User agrees to indemnify and hold Sbostats harmless from any liability and/or compensation request arising or connected to these events.
5.9 Sbostats cannot be held responsible for non-compliance resulting from causes and events not reasonably foreseeable, or from impediments that are outside the sphere of its direct and immediate control or resulting from force majeure.
6 INTELLECTUAL PROPERTY
6.1 All content of the Site, the App, and the Services offered by Sbostats, without any limitation, including texts, graphics, logos, photographs, audio or video content, are the exclusive property of Sbostats and cannot be copied and/or reproduced by Users. The use of the aforementioned content must comply with these terms and conditions of use and whatever else is differently arranged and indicated by Sbostats through the Site, the App, the Services, and any means of communication used by the same company.
6.2 The User may not modify or in any way commercially exploit the contents of Sbostats. It is not possible to assign, sublicense or otherwise transfer the rights pertaining to Sbostats under these terms and conditions of use. It is also not possible to share with third parties the information and content to which the User has access.
7 USER BEHAVIOR
7.1 The User undertakes to maintain correct and appropriate behavior in the use of the Site, the App, and the related Services.
7.2 The User undertakes to indemnify Sbostats from all losses, damages, liabilities, costs, charges, and expenses (including legal ones) that should be sustained by the same company as a consequence of any non-compliance with the obligations assumed by the same with the acceptance of these terms and conditions of use, and/or in any case deriving from the User's use of the data published on the Site/App and/or obtained through the additional Services offered by Sbostats; this also applies in the case of legal actions advanced by third parties for any reason against Sbostats for facts and conduct however attributable to the User.
7.3 The User declares from now on to hold Sbostats harmless from any liability and burden in the case of reports, legal actions, administrative proceedings, losses or damages that the company should suffer due to the illicit use of the Site, the App and/or the Services by the same.
8 PROFILE CANCELLATION
8.1 Sbostats reserves the right to remove the User's account, at its sole discretion, if it believes that the latter's conduct has violated in whole or in part these terms and conditions of use, or the User has engaged in improper and/or fraudulent use of the Site, the App, and/or the Services from which the potential violation of the rights and interests of Sbostats and/or third parties can be derived.
9 APPLICABLE LAW AND COMPETENT FORUM
9.1 Italian law and European Union laws apply to these terms and conditions of use. In the event of any disputes over their interpretation and execution, they will be governed by the laws in force in Italy.
Last update: August 7, 2023