Article 1 – Designation of the seller (the Company) – Legal information

This website deepbetting.io (hereinafter the “Site”) is published by:

Deepbetting SAS, having its registered office:

Deepbetting SAS

229 rue Saint-Honoré

75001 Paris

Article 2 – General provisions relating to these general conditions of sale (hereinafter the GTC)

2.1. Purpose of the GTC

These T & Cs are applicable exclusively to the online sale of the Company’s services on the deepbetting.io Site, access to which is free and open to all Internet users, subject to paid access that is part of the services offered by the Company.

2.2. Scope of the GTC

The GTC exclusively govern the online sales contracts of the Company’s services to buyers who are non-professional consumers (hereinafter the “Customers”) and, together with the online ordering of the services offered by the Company, constitute the binding contractual documents. to the parties, to the exclusion of all other documents, prospectuses, catalogs or items which have only indicative value.

These T & Cs as well as all the contractual information mentioned on the Site are written in French and governed by French law.

2.3. Availability and enforceability of the GTC

The T & Cs are made available to Customers on the deepbetting.io Site where they can be viewed directly and can also be communicated to them on request by email at contact@deepbetting.io

The GTC are enforceable against the Customer who acknowledges, having read and accepted them before placing an order. Acceptance of these T & Cs by the Customer occurs on the day on which he subscribes to his Subscription and for the duration of the subscription provided for in these T & Cs.

The validation of the order by its confirmation implies acceptance by the Customer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Company in accordance with the provisions of the Civil Code. As an essential and decisive factor, the Customer acknowledges having completed eighteen years of age on the date of joining the GTC, having the capacity required to contract and acquire the Services offered by the Company.

2.4. Modification of the GTC

The Company reserves the right to modify its T & Cs at any time.

In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which dated to date can be given to the Customer at his request.

2.5. Clauses of the GTC

The nullity of a contractual clause does not entail the nullity of the T & Cs unless it is an essential and decisive clause that led one of the parties to conclude the contract.

The temporary or permanent non-application of one or more clauses of the T & Cs by the Company shall not constitute a waiver on its part of the other clauses of the T & Cs which continue to produce their effects.

Article 3 – Services

The services offered for sale by the Company are the subject of a detailed description on the Site. More specifically, the Company offers non-professional consumers a mathematical tool for advice on trends in sports performance and results. This advice is based on the provision of qualified information compiled as well as on know-how in sports analysis. The purpose of this tool (hereinafter the “Service”) is to enable the Customer to form his own critical opinion in matters of sports performance. This Service is accessible from the premium accesses of the Site where advice and qualified information relating to performance in the sports field will be compiled.

The photographs illustrating the Services do not constitute a contractual document.

Access to the Site and the Service is granted on a personal basis and not transferable to the Customer. The Customer is prohibited from granting, selling, reselling, transferring, assigning, distributing or exploiting for commercial purposes, or otherwise making available to an unauthorized third party the information accessible on the Site or as part of the Service of any way.

The Services are offered and available upon payment by the Customer and effective receipt by the Company of the first payment of their subscription.

Unless the Service is completely unavailable and which is exclusively attributable to the Company, the Company is not liable for any cancellation compensation, unless the breach of the contract is personally attributable to it.

Article 4 – Prices

4.1. Prices

The selling price of the Service, in accordance with the provisions of the Consumer Code, is indicated in euros (€ 29.99 monthly for the Premium Deepbetting subscription) all taxes included, excluding any costs, which would be mentioned before validation of the order and invoiced in addition. All renewals are automatic. It is possible to cancel or pause it from the Customer’s account on the Site, or by e-mail to be sent to the address contact@deepbetting.io.

The price of the subscription formula offered by the Company appears on the Site, and is brought to the attention of the Customer before any commitment. The total amount owed by the Customer is indicated on the order confirmation page.

The selling price of the Service is that in effect on the day the order is registered by the Company. This price is firm and cannot be revised during their period of validity corresponding to the duration of the contract, the Company reserving the right, outside this period of validity, to modify the price at any time. The price change will apply to all new contracts.

In the event of a price promotion, the Company undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion, provided that the latter is applicable to the Customer taking into account his antecedents with the Society.

4.2. Modification

The Company reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the order.

The Company will inform the Customer of any contractual modification and in particular of any increase in the prices of the subscription taken out by the Customer one month before it takes effect. The latter may then terminate his contract by request by email within one month of notification by the Company of the price increase. The contract will end within seven days of receipt by the Company of the email, the Customer remaining liable for expired subscriptions on a pro rata basis until the expiration of the contract.

4.3. Costs

In accordance with the provisions of the Consumer Code, the total price includes the total costs incurred for each billing period of the subscription. The total price includes the total monthly costs.

Article 5 – Offer

5.1. Offer area

The Online Services presented on the Site are offered for sale without exclusion of territory. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.

5.2. Duration and renewal of the contract

The Online Services presented on the Site are valid, in the absence of a specific duration indication, as long as the Services appear on the Site.

Duration of the subscription:

The contract is concluded for an indefinite period.

The contract runs from the date of acceptance hereof by the Customer, which will be debited monthly on that day from the amount of the subscription taken out. The Customer may terminate his subscription on the date he wishes.

The termination request must be made at the latest one week before the date of the end of his monthly payment.

The termination, for any reason whatsoever, of the subscription contract results in the removal of the Customer’s access to his subscription. However, the Customer retains his profile data as a user registered on the Site.

5.3. Acceptance of the Offer

Acceptance of the offer by the Customer is validated, in accordance with the click process, by confirmation of the order.

Article 6 – Conclusion of the subscription

6.1. Stages of conclusion of the contract

To be able to place an order, the Customer must first create his customer account on the Site.

When registering online, the Customer agrees to provide true, accurate and complete information as requested in the registration form and to keep it up to date without delay.

In the event that the Customer provides false, inaccurate, outdated or incomplete information, the Company is entitled to suspend and / or terminate his subscription and to refuse him, immediately and for the future, access to all or part of the site.

To order a subscription, the Customer, after completing his registration step, then clicks on the “Sign Up” button and provides information relating to invoicing and the method of payment.

Before clicking on the “Sign Up” button, the Customer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order. It is the Customer’s responsibility to verify their ability to place the order, the accuracy of the order and to immediately report any errors.

Confirmation of the order entails acceptance of the T & Cs and forms the contract.

Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Company.

6.2. Order modification

Any modification of an order by the Customer after confirmation of his order is subject to acceptance by the Company.

The Company reserves the right to make changes to the Service which are linked to technical developments under the conditions provided for by the Consumer Code.

6.3. Confirmation of the order

The Company reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of Services ordered are abnormally high for buyers having the status of consumers, in the event of suspicion of fraud, misuse of the Service, false identity. , identity theft, etc.

Article 7 – Contract

7.1. Conclusion

The contract is formed when the Customer sends the confirmation of his order by the online click process.

7.2. Archiving and proof

The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract.

7.3. Resolution

The order can be resolved by the Customer by registered letter with acknowledgment of receipt in the event of the Company’s failure to provide the Service on the date within 30 (thirty) days after the conclusion of the contract.

If the services have not been provided within 7 days after the date of effective collection by the Company of the first payment of the Customer’s subscription, for any reason other than force majeure or the act of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided for in the Consumer Code.

The contract is considered terminated upon receipt by the Company of the RAR letter informing of this order cancellation, unless the Company has been executed in the meantime.

The Company undertakes to reimburse the Customer for the sums paid as soon as possible.

The order can be resolved by the Company in the event of non-payment of the price (or the balance of the price) by the Customer at the time of the order and / or when the Customer’s subscription takes effect.

Article 8 – Terms of Payment

8.1. Subscription

The Customer subscribes online to the subscription offer, details of which are available on the Site. The Customer will opt for a monthly subscription payment.

Monthly payment can be made:

By a secure online purchase by Credit Card (Visa, American Express, Master Card, CB, e-card) by indicating on the subscription form, via the secure payment interface Stripe, the card number, its date expiration, the cryptogram.

In the event of monthly payment by direct debit or Credit Card, the Customer agrees to fund his bank account for the duration of the contract. If the monthly payment was canceled or interrupted, the Customer agrees to pay the Company the amount of the month or months not debited for which he is liable as well as the bank rejection (€ 15 per rejection) and processing costs. In the event of a change, the Customer agrees to communicate his new bank details before the date of the debit or monthly debit.

8.2. Secure payment

The Site is equipped with an online payment security system allowing the Customer to encrypt the transmission of his bank data with the Stripe secure online payment interface.

8.3. Late payment

Any amount not paid when due is productive, without formal notice, of interest. In the event of late payment and payment of sums due by the Customer beyond the time limit set above, and after the payment date appearing on the invoice addressed to the latter, late penalties calculated at the monthly rate of 2% of the amount including tax of the price of the provision of services appearing on the said invoice, will be acquired automatically and by operation of law from the Company, without any formality or prior notice. The delay in payment will make all the sums owed by the Client immediately payable, without prejudice to any other action that the Company would be entitled to bring, in this respect, against the Client.

8.4. Default of payment

The Company will not be required to provide the services ordered by the Customer if the price has not been previously paid to it under the conditions and deadlines indicated above.

Payments made by the Customer will only be considered final after actual receipt of the sums due to the Company.

In addition, the Company reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to suspend or terminate the provision of services ordered by the Customer. and / or suspend the performance of its obligations.

As part of a subscription, the failure to pay one of the monthly installments results in the immediate liability of the unpaid monthly installments with the possibility for the Company to opt for  termination of the subscription.

8.5. Discounts

The prices take into account any reductions that would be granted by the Service Provider under the conditions specified on the Site.

Article 9 – Customer’s obligations

9.1. Customer obligations related to the creation of the customer account

When creating their customer account, the Customer must create their username and password allowing them to access the Service.

These username and password are strictly personal and confidential. They can be modified online by the Customer or by the Company at the Customer’s request (access code forgotten, hacked, etc.). The Customer is fully responsible for the use of his username and password. Unless proven otherwise, any connection to the Site or transmission of data made using the Customer’s username and password will be deemed to have been made by the latter.

The Customer agrees to keep his username and password secret and refrains from disclosing them in any form whatsoever to third parties. In this regard, the Customer has the option of ensuring that at the end of each session, he can explicitly disconnect.

In the event of loss, theft or accidental disclosure of his username and password, the Customer must immediately inform the Company’s customer service by e-mail, which will then proceed to the cancellation as soon as possible of the Customer ID and password. The Customer will receive a new password.

The Customer is advised that the opening of a new session using a username and password already in use will automatically result in the closure of the first open session.

The Customer may not assign all or part of the rights and obligations resulting from his subscription without the prior written consent of the Company and subject to strict compliance with these General Conditions of Sale.

9.2. Customer’s obligations related to the use of the Site

The Company grants the Customer a right of consultation, use and access to Information under the following conditions:

In general, and without this list being considered exhaustive, the Customer agrees to:

– download the information available on the Site on its equipment only for exclusively personal, non-commercial and time-limited use; only print the information downloaded on paper on the condition that the copies thus constituted are for exclusively personal use, which excludes in particular any reproduction for professional or commercial purposes or for mass distribution, free or paying;

– not to keep the downloaded information for more than forty-eight (48) hours and to destroy it after this period;

– not to copy all or part of the Site onto another site or an internal company network;

– not to reproduce or summarize the digital version of the information for the purposes of review or press overview without the prior written consent of the Company;

– not to produce a press review or panorama based on information or photographs marked as belonging to a third party service provider, nor to reuse this information to offer it on any medium whatsoever outside the strict legal framework of private copying;

– not to reproduce, summarize, alter, modify, move, remove, replace or redistribute, without the prior written authorization of the Company, the editorial content of the information [text (articles, title, etc.) and / or reproduction (illustrations, photos, etc. )] and / or the name, logo, brand (s) of the Company and / or rights holders;

– not to extract or reuse, including for private purposes, without the prior written authorization of the Company, a substantial part or not of the content of the databases and archives constituted by the Site;

– to put in place control systems adapted to technical developments to avoid any “hacking” of information and in particular to prevent illegal or contrary use herein of any information in any way and in any form whatsoever;

– to inform the Company as soon as it becomes aware of a “piracy” and in particular of any illicit or non-contractual use of the information, regardless of the distribution method used;

– not make any use of expert information for unethical purposes and a fortiori to applicable laws;

– guarantee the Company against all claims relating in particular to the above commitments.

Violation of these mandatory provisions subjects the Customer and all persons who participated in them to the criminal and civil penalties provided for by law.

Article 10 – Guarantee and Liability of the Company

10.1. Guarantee

The Company puts in place the means necessary for the proper functioning of the Site, and takes the necessary measures to ensure and maintain the continuity and quality of the Site.

The Site is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of the Company and subject to any breakdowns and maintenance

interventions necessary for the proper functioning of the said Site. Maintenance interventions may be carried out without the Customers having been previously notified.

The Customer declares to accept the characteristics and limitations of the Internet, and in particular to recognize that:

– its use of the Site is at its own risk; the said Site is accessible to him “as is” and according to its availability;

– it is their responsibility to take all appropriate measures to protect their own data and / or software from contamination by any viruses circulating through the Site and / or the information;

– no advice or information, whether oral or written, obtained by the Company’s Customer or during the use of the Site and the Service is liable to create guarantees not expressly provided for herein: the Customer is solely responsible for the use he makes of the information on the Site;

– he is solely responsible for the use of the content of sites having a hypertext link to the Site;

– he is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;

– the communication of his username and password or in general of any information deemed confidential is made under his own responsibility;

– it is up to him to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the information;

The Client agrees by adhering to these to adopt a behavior consistent with morality and good morals and to do nothing that may disturb public order.

The Company guarantees, in accordance with legal provisions, the Customer against any hidden defect, resulting from a design or performance fault in the services provided and rendering them unfit for the use for which they were intended, to the exclusion of any negligence. or fault of the Customer, and against any lack of conformity thereof. In order to assert his rights, the Client must, on pain of forfeiture of any action relating thereto, inform the Company, in writing, of the existence of the defects or lack of conformity within a maximum period of one month from of their discovery. The Company will rectify or cause to be corrected the services deemed defective within seven days of the Company ascertaining the defect or defect.

The Company’s guarantee is limited to the reimbursement of services actually paid by the Client and the Company cannot be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.

10.2. Disclaimer of Liability

The Company cannot be held liable in the event of non-performance or improper performance of the contract due either to the Customer’s fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

The Company cannot be held liable for non-compliance of the Service with the legislation of the Customer’s country to which it belongs to verify whether the Service is not prohibited for sale in his country (in which case he undertakes not to not use it).

The Company can under no circumstances be required to repair any indirect damage suffered by the Customer during the use of the Service. Indirect damages are those which do not result exclusively and directly from the failure of the Company, such as in particular operating losses and commercial damage.

The Company cannot be held responsible for the inability to access the Site due to the failure of the Internet connection or the Customer’s network.

The Company cannot give any guarantee of reliability with respect to all the information and other data present on the Site, whether provided by the Company, by its partners or by any third party. Accordingly, all information and other data appearing on the Site is provided for informational purposes only.

The provision of information cannot be assimilated in any way whatsoever to specific advice or a decision instruction in order to carry out a transaction or make an investment decision. The Customer therefore acknowledges using the information and other data from the Site that are offered to him at his own risk.

If the Customer contracts with advertisers present on the Site, the Company assumes no obligation concerning the delivery of the products and services offered by its business partners.

10.3. Penalty clause

In all cases of non-performance of its obligations by the Customer, the price paid when ordering the Service remains with the Company as compensation.

Article 11 – Absence of right of withdrawal concerning the Services

The services ordered via the Deepbetting site (accessible at deepbetting.io) (the “Services”) constitute digital content not provided on a material medium so that these Services fall within the scope of the provisions of Article L 221 -28, 13° of the Consumer Code, which provides that the right of withdrawal (as provided in particular by articles L 221-18 and following of the Consumer Code providing in particular that the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance) does not apply to contracts for the supply of digital content not supplied on a material medium, the performance of which has begun after the consumer’s prior agreement and express waiver of his right of withdrawal.

In addition, the Services ordered online via the Deepbetting site (accessible at deepbetting.io) are likely to be fully executed before the end of the legal withdrawal period so that these Services fall within the scope of the provisions of the Article L 221-28, 1° of the Consumer Code which provides that the right of withdrawal cannot be exercised concerning contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after agreement prior and express consent of the consumer and express waiver of his right of withdrawal.

Also, it is recalled that, prior to ordering the Services, the User has:

– given its express and prior agreement to the supply by Deepbetting to it of digital content independent of any material medium within the framework of the Services

– given its prior and express consent for the performance of the Services before the end of the withdrawal period (which is 14 (fourteen) days)

– given its prior and express agreement to receive a supply of Services fully performed before the end of the withdrawal period

– waived in this respect the exercise of his right of withdrawal in respect of the purchase by him of the Services

– declared to be informed of the aforementioned legal provisions drawn from article L 221-28, 13° and L 221-28,1° of the Consumer Code and waive their right of withdrawal concerning the order of the Services

Article 12 – Intellectual property

The elements reproduced on this Site, namely its images, texts, articles, the information inserted, their overall impression and layout which are the exclusive property of the publisher, are protected by intellectual property rights.

Any reproduction and dissemination of these elements, without the prior written permission of the publisher, exposes offenders to legal proceedings.

The Customer does not acquire, as a result of the subscription, any right to the brands, trade names, trade secrets, slogans and visuals (logos, images, icons, animations, videos, etc.) belonging to the Company, the latter remaining the exclusive property. of the society.

The Customer does not acquire any rights over the Site and the Service other than those expressly granted to him under the terms of the contract. In particular, it does not acquire any property rights.

The Customer agrees to refrain from any behavior which would have the effect of depriving the Company of its intellectual heritage and of the content of its Service.

The Customer is prohibited from opening, modifying, reproducing, altering, adapting, disassembling, translating, in any way whatsoever, all or part of the Service and / or the Site.

The customer refrains from attempting to open closed files and / or access sensitive data on the Site deemed confidential and not free to access the Customer on the Site, from making claims on the source codes of the Site. and / or on the information contained on the Site and / or as part of the Service.

Article 13 – Processing of personal data

The purpose of the computerized processing of the personal data collected is to manage its database of prospects and subscribed customers. The information collected is mandatory and in the absence of communication of this data, the Customer’s order cannot be processed. The Company undertakes not to use the information provided for purposes other than those indicated above with the exception of statistical, scientific or historical processing.

A private space is allocated to the Customer on the Site, with login and password, so that he can insert and update all the data required for his subscription.

In accordance with the Data Protection Act, the Customer has the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data from you, the data controller being the customer service of the Society.

Subject to prior acceptance by the Customer, it is possible for him to receive marketing emails or SMS from the Company and its business partners from which the Customer can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each e-mail received and for SMS by clicking on STOP in each SMS received.

It is also specified that the Customer who does not wish to be the subject of commercial prospecting by telephone can register for free on the Bloctel opposition list on the bloctel.gouv.fr site (only France based customers).

If the Customer does not want his contact details to be re-used for commercial purposes, it is up to him to inform the department responsible for processing.

If the Customer does not wish his contact details to be transmitted to third parties, it is up to him to inform the department responsible for processing.

The collection of personal data, their use for order processing and the creation of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.

The processing of personal data, which is kept by the publisher for the sole purpose of good administration of orders and commercial relations, is the subject of a declaration to the “Commission Nationale Informatique et Libertés”.

The consumer has the right to access, modify, rectify and delete personal data concerning him at any time.

Article 14 – Pre-contractual information – Customer acceptance

The Customer acknowledges having had communication, prior to placing his order, in a readable and understandable manner, of these General Conditions of Sale and of all the information and information referred to in the provisions of the Consumer Code.

Navigation data is used for statistical purposes only.

The fact for a natural (or legal) person to order on the Site implies full and complete acceptance and acceptance of these General Conditions of Sale, which is expressly recognized by the Customer, who waives, in particular, to rely on any document. contradictory, which would be unenforceable against the Company.

In any case, the Customer declares to have read the General Conditions of Sale and to have accepted them without reservation by checking the box provided for this purpose before having concluded their order, and therefore waives the right to rely on any contradictory document.

Article 15 – Mediation

1. Prior complaint

In the event of a dispute, the Customer must first contact the Company’s customer service department by email at contact@deepbetting.io

Article 16 – Competent court

In the absence of an amicable agreement, for any dispute relating to the existence, interpretation, conclusion, execution or termination of this contract as well as on all documents related to this contract, the competent court will be that applicable in the common law conditions.

Article 17 – Applicable law and language

These T & Cs are subject to French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.