Terms of Service

📖 1. Definitions

In these Terms the following defined terms apply:

✅ 2. Acceptance of Terms

By (a) clicking "I agree" or a similar acceptance mechanism, (b) executing an Order Form referencing these Terms, (c) accessing or using the Platform, or (d) using this website for the purpose of evaluating or procuring the Platform, you acknowledge that you have read these Terms and agree to be bound by them on behalf of yourself and the organisation you represent.

You represent and warrant that you have the legal authority to bind the organisation you represent. If you do not have such authority, you must not accept these Terms or use the Platform.

These Terms apply to all use of the Platform and website. If you have entered into a separate written master services agreement with CompetitionLabs, the terms of that agreement shall prevail over these Terms to the extent of any conflict.

🎮 3. The Platform

3.1 Service Grant

Subject to payment of applicable Fees and compliance with these Terms, CompetitionLabs grants the Client a non-exclusive, non-transferable, revocable licence to access and use the Platform during the Subscription Term solely for the Client's internal business purposes in accordance with the Documentation and the Order Form.

3.2 Tier Entitlements

Access to features, event-processing capacity, concurrent campaign limits, and support levels are determined by the tier specified in the Order Form (Starter, Growth, Scale, or Enterprise). Tier descriptions are set out in the Pricing documentation on the website and may be updated from time to time in accordance with Section 14.

3.3 Sub-Spaces

The Client's licence includes the number of Sub-Spaces specified in the Order Form. Additional Sub-Spaces may be purchased at the then-current rates. Each Sub-Space is an isolated workspace with its own data, configurations, and credentials. Sub-Spaces may not be resold or sub-licensed except with CompetitionLabs' prior written consent.

3.4 Availability

CompetitionLabs will use commercially reasonable efforts to make the Platform available in accordance with the applicable SLA. Scheduled maintenance, emergency patches, and circumstances beyond our reasonable control (see Section 18.6) are excluded from uptime calculations. Current status is available at status.competitionlabs.com.

3.5 Updates & Modifications

CompetitionLabs reserves the right to update, modify, or enhance the Platform at any time. We will provide reasonable advance notice of changes that materially affect existing functionality. Updates that are security patches or bug fixes may be deployed without advance notice.

🔐 4. Eligibility & Account Registration

4.1 Eligibility

The Platform is intended for use by businesses and professional operators within the gaming, entertainment, and technology industries. By using the Platform you represent that:

• You are at least 18 years of age
• You are acting on behalf of a legal entity or as a self-employed professional
• Your use of the Platform does not violate any applicable law or regulation in your jurisdiction
• You hold all licences, permits, or regulatory approvals required to operate your product or service

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify CompetitionLabs of any suspected unauthorised access at info@competitionlabs.com. CompetitionLabs is not liable for any loss or damage arising from unauthorised use of your credentials.

4.3 Authorised Users

You may grant access to the Platform to employees and contractors acting on your behalf ("Authorised Users"). You are responsible for ensuring Authorised Users comply with these Terms and for any breach by them. You must promptly revoke access for any user who is no longer authorised to use the Platform on your behalf.

💳 5. Subscription, Fees & Payment

5.1 Fees

Fees for the Platform are as specified in the Order Form or, where no Order Form exists, as published on the CompetitionLabs pricing page. All Fees are stated exclusive of VAT, sales tax, and other applicable taxes, which will be added at the applicable rate.

5.2 Billing Cycle

Subscriptions are billed monthly or annually as selected in the Order Form. Annual subscriptions attract a discount as set out in the pricing documentation (currently 20%). Annual fees are payable in advance. Monthly fees are payable at the start of each billing period.

5.3 Payment Terms

Invoices are due within 30 days of the invoice date unless otherwise agreed in the Order Form. Late payments accrue interest at the rate of 2% per month (or the maximum rate permitted by law, if lower) from the due date until payment is made in full.

5.4 Fee Changes

CompetitionLabs may adjust Fees at renewal by providing at least 60 days' written notice before the start of the next Subscription Term. If you do not wish to accept the new Fees, you may terminate the Agreement at the end of the current Subscription Term by providing written notice before the renewal date.

5.5 Overages

If your usage exceeds the capacity limits for your tier (events per second, API calls, concurrent campaigns), CompetitionLabs will notify you and may throttle performance or invoice overage charges at the then-current overage rates. Persistent overages may require an upgrade to a higher tier.

5.6 Refunds

Unless otherwise required by applicable law or expressly agreed in writing, Fees paid are non-refundable. No credit or refund is issued for unused periods of a Subscription Term following termination for cause by CompetitionLabs under Section 13.2.

🚫 6. Acceptable Use

6.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms, the Documentation, and any applicable laws and regulations. You are solely responsible for all Client Data and for ensuring your use of the Platform complies with all applicable gaming, advertising, consumer protection, and data protection laws in your jurisdiction.

6.2 Prohibited Activities

You must not, and must not permit any Authorised User or third party to:

• Use the Platform to facilitate illegal gambling, unlicensed gaming operations, or activities prohibited by applicable law
• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Platform
• Reproduce, copy, sell, resell, or exploit any part of the Platform without prior written authorisation
• Use the Platform to transmit malware, viruses, or any code of a destructive nature
• Attempt to gain unauthorised access to any part of the Platform, its infrastructure, or other clients' data
• Use automated tools to scrape, harvest, or extract data from the Platform beyond your authorised API quota
• Use the Platform in a manner that could damage, disable, overburden, or impair its operation
• Remove or obscure any proprietary notices, branding, or attribution in the Platform or Documentation
• Use the Platform to process data relating to individuals under 18 in violation of applicable law
• Represent that you are CompetitionLabs or impersonate CompetitionLabs to any third party

6.3 Compliance with Gaming Regulations

Where the Platform is used in connection with regulated gaming activities, you are solely responsible for ensuring compliance with all applicable gaming licences, responsible gambling obligations, advertising standards, and any requirements of your relevant gaming regulator. CompetitionLabs does not hold a gaming licence and is not a gaming operator.

©️ 7. Intellectual Property Rights

7.1 Platform IP

The Platform, including all underlying technology, software, algorithms, user interfaces, branding, trademarks, and Documentation, are the exclusive property of CompetitionLabs and its licensors. Nothing in these Terms transfers any Intellectual Property Rights in the Platform to you. The licence granted in Section 3.1 is the full extent of your rights to the Platform.

7.2 Client Data

As between the parties, the Client retains all right, title, and interest in and to Client Data. You grant CompetitionLabs a limited, non-exclusive, royalty-free licence to store, process, and use Client Data solely to the extent necessary to provide the Platform and related services under the Agreement.

7.3 Feedback

If you provide feedback, suggestions, or ideas regarding the Platform ("Feedback"), you grant CompetitionLabs a perpetual, irrevocable, worldwide, royalty-free licence to use, incorporate, and commercialise such Feedback without obligation or restriction. Feedback does not constitute Confidential Information unless expressly agreed otherwise.

7.4 Client Branding

You grant CompetitionLabs a limited right to use your trading name and logo solely for the purpose of identifying you as a client on CompetitionLabs' website, marketing materials, and case studies, unless you notify us in writing that you do not consent to such use.

7.5 Aggregate & Anonymised Data

CompetitionLabs may collect and use anonymised, aggregated data derived from Client Data for the purposes of improving the Platform, producing industry benchmarks, and generating insights. Such data will not identify you or your end-players individually.

🔒 8. Client Data & Privacy

8.1 Data Processing

To the extent that the Platform processes personal data on your behalf, CompetitionLabs acts as a data processor and you act as the data controller. Such processing is governed by the Data Processing Agreement (DPA) which is incorporated by reference into the Agreement. A copy of our standard DPA is available upon request.

8.2 Your Responsibilities as Controller

You are responsible for:

• Ensuring you have a valid legal basis for submitting personal data to the Platform
• Providing appropriate notices to data subjects about processing by the Platform
• Responding to data subject rights requests in relation to Client Data
• Ensuring Client Data submitted to the Platform does not include special category data unless expressly agreed
• Compliance with all applicable data protection laws in your jurisdiction

8.3 Security

CompetitionLabs implements appropriate technical and organisational measures to protect Client Data as described in the DPA and Security documentation. You are responsible for the security of your own systems, API credentials, and access controls.

8.4 Data Return & Deletion

Upon expiry or termination of the Agreement, CompetitionLabs will, at your election, either return or delete Client Data within 30 days, except where retention is required by applicable law. Standard export tools are available via the Platform dashboard. After the 30-day window, CompetitionLabs has no obligation to retain Client Data.

🤫 9. Confidentiality

9.1 Obligations

Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using at least the same degree of care it applies to its own confidential information (but no less than reasonable care); (b) not disclose Confidential Information to third parties without prior written consent; and (c) use Confidential Information only for the purposes of performing or receiving the services under the Agreement.

9.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known to the receiving party before disclosure without restriction
• Is independently developed by the receiving party without use of the disclosing party's Confidential Information
• Is required to be disclosed by law, regulation, court order, or regulatory authority — provided the receiving party gives prompt prior notice (where legally permitted) and cooperates with any effort to seek a protective order

9.3 Duration

Confidentiality obligations survive for five (5) years after the termination or expiry of the Agreement, except in respect of trade secrets which shall be protected indefinitely.

✋ 10. Warranties & Disclaimers

10.1 CompetitionLabs Warranties

CompetitionLabs warrants that:

• It has the right and authority to enter into the Agreement and to grant the licences herein
• The Platform will perform materially in accordance with the Documentation during the Subscription Term
• It will provide the services with reasonable skill and care
• It has implemented and will maintain reasonable security measures as described in the DPA

10.2 Client Warranties

You warrant that:

• You have the right and authority to enter into the Agreement
• Client Data does not infringe the Intellectual Property Rights or privacy rights of any third party
• You hold all regulatory licences and approvals necessary for your use of the Platform
• Your use of the Platform will comply with all applicable laws and regulations

10.3 Disclaimers

Nothing in these Terms excludes or limits any warranty that cannot be excluded or limited under applicable mandatory law (including statutory rights that cannot be waived).

⚠️ 11. Limitation of Liability

11.1 Exclusion of Consequential Loss

11.2 Cap on Liability

Subject to Section 11.3, each party's total aggregate liability arising out of or in connection with the Agreement — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total Fees paid or payable by the Client in the twelve (12) months immediately preceding the event giving rise to the claim.

11.3 Uncapped Liability

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by applicable law
• Breach of confidentiality obligations (Section 9)
• Wilful misconduct or gross negligence

11.4 Basis of the Bargain

The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the Agreement. CompetitionLabs would not enter into the Agreement without these limitations.

🛡️ 12. Indemnification

12.1 By the Client

You shall indemnify, defend, and hold harmless CompetitionLabs and its officers, directors, employees, and agents against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform in breach of these Terms; (b) Client Data infringing any third-party rights; (c) your failure to obtain required regulatory approvals; or (d) your breach of applicable law.

12.2 By CompetitionLabs

CompetitionLabs shall indemnify, defend, and hold harmless the Client against third-party claims alleging that the Platform, as provided by CompetitionLabs, infringes a third party's Intellectual Property Rights, provided that: (a) you promptly notify CompetitionLabs of the claim; (b) you grant CompetitionLabs sole control of the defence; and (c) you cooperate with CompetitionLabs in the defence. If such a claim arises, CompetitionLabs may, at its election, modify the Platform to avoid infringement, procure a licence, or terminate the affected feature and provide a pro-rata refund of prepaid Fees.

🔚 13. Term & Termination

13.1 Term

The Agreement commences on the date you accept these Terms or execute an Order Form, and continues for the Subscription Term. Unless either party provides written notice of non-renewal at least 30 days before the end of the current Subscription Term, the Agreement will automatically renew for successive periods equal to the original Subscription Term at the then-current Fees.

13.2 Termination for Cause

Either party may terminate the Agreement by written notice if:

• The other party materially breaches the Agreement and fails to remedy the breach within 60 days of written notice specifying the breach
• The other party becomes insolvent, enters administration, receivership, liquidation, or any analogous insolvency process
• The other party ceases or threatens to cease to carry on its business

13.3 Termination for Convenience

• Either party may terminate the Agreement for convenience at the end of the then-current Subscription Term by providing at least 60 days' written notice.
• A minimum contract term of three (3) months applies. Termination for convenience may not take effect prior to the expiry of this minimum term.
• For subscriptions billed monthly, termination requires 60 days' written notice and will take effect at the end of the applicable billing period following expiry of the notice period, provided the minimum term has been satisfied.

13.4 Effect of Termination

Upon expiry or termination of the Agreement:

• All licences granted to you immediately terminate
• You must cease all use of the Platform and delete any locally stored credentials
• Each party must return or destroy the other party's Confidential Information on request
• CompetitionLabs will provide Client Data export access for 30 days then delete Client Data
• All accrued payment obligations survive termination
• Sections 7 (IP), 9 (Confidentiality), 10.3 (Disclaimers), 11 (Liability), 12 (Indemnification), 16 (Governing Law), 17 (Disputes), and 18 (General) survive termination

🔄 14. Changes to Service & Terms

14.1 Changes to the Platform

CompetitionLabs may update, modify, add, or remove features from the Platform. For changes that materially reduce functionality relied upon by the Client, CompetitionLabs will provide at least 60 days' written notice. Minor updates, security patches, and performance improvements may be made at any time without notice.

14.2 Changes to These Terms

CompetitionLabs may update these Terms at any time. For existing clients, material changes take effect 30 days after written notice (by email to the registered account email address). Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree to material changes, you may terminate the Agreement before the effective date in accordance with Section 13.3.

For website visitors who have not entered into a subscription agreement, updated Terms take effect immediately upon publication and are indicated by the "Last updated" date at the top of this page.

🔗 15. Third-Party Services & Integrations

The Platform may integrate with or enable connections to third-party services, APIs, and platforms (including CRM systems, marketing automation tools, and cloud providers). Such third-party services are governed by their own terms of service and privacy policies, for which CompetitionLabs bears no responsibility.

CompetitionLabs does not endorse and is not responsible for the availability, accuracy, or security of third-party services. You use third-party integrations at your own risk and are responsible for ensuring they comply with your obligations under the Agreement and applicable law.

⚖️ 16. Governing Law

These Terms and the Agreement shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of laws provisions.

To the extent mandatory consumer protection law applies in the jurisdiction of an individual user, those mandatory rights are not affected by this choice of law.

🏛️ 17. Dispute Resolution

17.1 Informal Resolution

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute in good faith through senior management escalation. Either party may initiate this process by sending a written notice describing the dispute in reasonable detail. The parties will negotiate in good faith for at least 30 days after delivery of such notice before resorting to formal proceedings.

17.2 Jurisdiction

Subject to Section 17.1, each party irrevocably submits to the exclusive jurisdiction of the courts of Malta for the resolution of any dispute arising out of or in connection with the Agreement, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

📌 18. General Provisions

18.1 Entire Agreement

These Terms, together with any Order Form and DPA, constitute the entire agreement between the parties regarding its subject matter and supersede all prior representations, agreements, and understandings (whether oral or written) relating thereto.

18.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

18.3 Waiver

A party's failure or delay in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy, nor does a single or partial exercise preclude further exercise of the same or any other right or remedy.

18.4 Assignment

You may not assign, transfer, or sub-contract your rights or obligations under these Terms without CompetitionLabs' prior written consent. CompetitionLabs may assign the Agreement to an affiliate or in connection with a merger, acquisition, or sale of substantially all its assets, provided it gives you 30 days' written notice and the assignee assumes all obligations hereunder.

18.5 Notices

All legal notices under the Agreement must be in writing and sent by email to info@competitionlabs.com (for CompetitionLabs) or to the email address associated with the Client's account. Notices are deemed received on the day of transmission if sent before 17:00 CET on a business day, otherwise on the next business day.

18.6 Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, government action, power or internet outages, or third-party service failures. The affected party must promptly notify the other and use reasonable efforts to mitigate the impact.

18.7 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between the parties.

18.8 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties and their respective successors and permitted assigns. Nothing herein creates any rights in any third party.

18.9 Export Controls

You agree not to export, re-export, or transfer access to the Platform in violation of any applicable export control laws and regulations.

📬 19. Contact

For questions about these Terms, to request a DPA, or for legal notices, please contact us: