Terms and Conditions

Introduction

THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH THE DAO OF THE KUBLABS.COM (HEREINAFTER REFERRED TO AS "DAO") AND USE OF THE KUBLABS.COM WEBSITE ("WEBSITE") IS PROVIDED TO YOU BY THE DAO. 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 as an interface for access to the relevant smart-contract available through the Website subject to the terms and conditions set forth in this document and any additional documents available on the Website. By accessing and using this Website, interacting with relevant smart-contract through 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 to 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 shall take full responsibility for the legality of participation in online gambling in your country. You shall not use any VPN, proxy, or other similar services to override the country's technical restrictions implemented on the Website.

3. The DAO does not provide services that contradict your country's current gambling legislation. By using our Website's services, you acknowledge, guarantee, and agree that your use of the Website shall not be in contravention with the gambling legislation in the country of your residence. 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 in accordance with unilateral provisions.

Bets and cryptocurrency transactions

1. In order to start betting through a smart contract by using the interface of the Website, you must have a decentralized crypto wallet (MetaMask) with cryptocurrency on it. You must connect your wallet to the smart-contract available through Website, and the bets can be placed in ERC -20 tokens.

1.1. When making a bet, please remember that there may be a certain delay in the receipt of 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 personal 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 in order to avoid legal liability.

3. The DAO does not accept any funds from third parties: relatives, friends, partners, husbands/wives. Money used for betting on the smart-contract available through the Website can only come from your personal wallet.

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 and assure that you will compensate the DAO funds and any costs related to collecting your bets.

6. In the case of discovering suspicious or fraudulent bets (including any refunds or cancellations of payments) and bets or wins payments made to exchange funds between payment systems or different smart contracts, the smart-contract may block your access to the smart-contract available through the Website.

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. Due to the fact that you bet with cryptocurrency, funds will be drawn from your wallet instantly 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. you or any other user in collusion with you has suffered losses or damages due to fraud and illegal operations, we are not responsible for this, and we will act on that situation at our discretion.

3. The smart-contract available through the Website may block the connection of your decentralized cryptocurrency wallet to the smart-contract if your decentralized cryptocurrency wallet is included in any list of decentralized cryptocurrency wallet related to illegal or fraudulent activities.

4. The smart-contract available through the Website may block the connection of your decentralized cryptocurrency wallet to the smart-contract if you are using prohibited software.

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. It is prohibited to copy the Website and any information from it in any form without our written consent.

4. Using our Website, you assure that you will not attempt to hack and/or gain access to our security system. If we suspect that 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, 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 the process of using the resources of the Website, 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 because of 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 are obliged to fully compensate all costs or expenses, including judgmental enforcements and any 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 personal 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;

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 (in accordance with new laws or regulations), commercial, and those related to improving customer service, the DAO reserves the right to edit, modify, and update Terms at any time 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. In case 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 as 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 the way the Website uses any personal data collected during the time you have used the Website. The Website processes any personal information provided by you only in accordance with the Privacy Policy.

Complaints and notifications

1. If you have complaints about the Website's functionality, you should 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 should be based on the original English text. If conditions, other documents, or notes related to it have been translated into any different 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

If any term, provision, covenant, or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, the remainder of the Terms of Use, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and 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 that 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. In order 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 concerning such Third-Party Materials or entitle You to use such Third-Party Materials.

Bet Rules

1. You fully understand the general methods, rules, and procedures of services and online betting. You assure that you will not take action to damage the reputation of the DAO of the kublabs.com (hereinafter referred to as «DAO»).

2. You are responsible for the accuracy of information about any transactions that you make before you confirm your bet during the betting process.

3. You are fully aware of the possibility of losing your money in the process of betting and are responsible for any losses connected with placing bets on smart contracts through the Website. You confirm that you use the Website by your choice and at your own risk. You have no right to lay a claim to anything connected with your losses to the DAO or any member of the DAO.

4. All transactions are only considered accepted once such data has been stored on the blockchain and the transaction hash has been received. The transaction hash is a unique identifier of any transaction sent to the blockchain. If your transaction has not been stored on the blockchain, ensure all procedures were done correctly. If you have checked everything and still have transaction problems, please get in touch with the support service. Transactions may also fall through due to blockchain load or other technical issues unrelated to the Website.

5. The official Website time is GMT. All promotional activities and promotions work in accordance with the specified time.

6. Before placing a bet, users shall get familiar with the conditions of bet acceptance and any formulas related to the calculation of winnings.

7. Bets are accepted only by users who agree with the terms and conditions established by the DAO and these rules. Every placed bet is an unconditional confirmation that the User understands these rules and fully agrees with them.

8. All bets are accepted exactly before the actual start of the event. This means that if, for example, an event starts at 10:00 GMT – you can place bets exactly until 10:00 GMT. Bets made after the actual start of the event may be canceled.

9. You acknowledge and agree that all bets are final and non-refundable. However, if the smart-contract considers any of the bets invalid, e.g., due to a change or cancellation of the event to which the bet was made, the bet amount would be returned to your cryptocurrency wallet by the smart-contract.

10. All bets are accepted based on the events in pre-match, according to the odds determined by the information stored on the Kublabs protocol. Each event has an ID number, as well as a deadline time of accepting bets. The date and time of the beginning of the event, indicated in the pre-match, are informative. A wrong date is not a substantial reason for canceling a bet. If the event took place earlier or later than the originally announced date, the result is not considered void. In this case, bets are considered valid if they are made before the actual start of the event. Bets made after the actual start of the event may be cancelled. To settle the bet, the time of the actual start of the event is taken, which is determined based on the information stored on the Kublabs protocol which the Data provider provides.

11. If an event that has not yet started is postponed for no longer than 24 hours, the bets are retained, and if more than 24 hours, the bets are refundable if nothing else is stipulated by smart-contract. If within 24 hours it becomes known that the event is postponed for more than 24 hours, the final decision as to whether the stakes will remain in force or will be returned is up to the discretion of the DAO's data providers.

12. Bets are considered canceled and refundable, regardless of whether or not they are winning or losing, if there are any errors committed due to a human factor or a software malfunction (including obvious typos, inconsistencies of odds in different positions, knowingly erroneous odds that don't correspond to the given outcomes, etc.).

13. If a technical error occurs but can not affect the event's outcome, such bets are settled based on the original odds.

14. The DAO is not responsible for accurate translations of the names of players, teams, and cities where events will occur. In such cases, bets are considered valid.

15. The bet is considered accepted after such data has been stored on the blockchain and the transaction hash has been received. Registered bets are not subject to cancellation. The reception time of the bet is the time of its registration on the server.

16. Bets on credit are not accepted. When placing a bet, the bet amount is sent from the User’s wallet to the Kublabs Protocol Smart contracts. This is an on-chain transaction. The User, in exchange, receives an NFT in his wallet, which contains data about the amount of the bet, the odds, and other properties of the bet. To receive their winnings in the wallet, the User - must execute another on-chain transaction (redeem bet). A bet is considered to be won by the User if all the outcomes specified in such a bet are guessed correctly.

16. The fact of the accepted bet being won or not is determined by recording the fact of the chosen event or set of events having taken place, considering the outcome (result) of the event. The outcome (result) of the event is determined based on the information provided by the data oracles. If the initial result of the event has been revoked for some reason, later on, this fact isn’t considered and the bets are payable according to the initial (actual) results except if the original published results of the event are amended within 24 hours of their initial publication.

17. If the initial result of the completed event was later canceled for any reason, the cancellation is not taken into account, and the rates are to be paid according to the initial (actual) result. The result is declared based on official protocols and other official sources of information immediately after the event is deemed actual. In the absence of results from official sources, the DAO has the right to use alternative sources of information, including the information of its representatives at the match.