Service License Agreement

Section A – License to Use the Services

Subject to the terms of this License and the payment of the Subscription Fee, STATSCORE hereby grants to Customer and Customer hereby receives from STATSCORE, during the Term prescribed in Section C below, a worldwide, nonexclusive, limited, revocable, non-assignable, non-transferable, non-sublicensable, license to access and use the Applications and the Management Panel for the sole purpose of making available the Sports Data on the Authorized Channel (the “Service(s)”), only for the following purposes:

  • Internally within Customer’s business operations;
  • integrating the Applications in Customer’s products or services, provided that such products or services add significant and primary functionality to the Service, and do not replace, or compete with, the Service.

Customer may only use the Services through the Authorized Channel(s). If Customer wishes to add or subtract an Authorized Channels, Customer shall request such amendment from STATSCORE via email to cst@STATSCORE.com. STATSCORE may agree or refuse to Customer’s request in its sole discretion. STATSCORE will use reasonable efforts to inform Customer within three (3) Business Days in Poland via email if its request accepted or rejected.

Section B – Term & Termination

This License shall remain in force and effect as per the supplementary provisions indicated in the subscription scheme selected in Appendix A, or until terminated pursuant to any other termination procedure prescribed in this Section C or permitted under the applicable law (the “Term”).

Termination for Convenience. Each party may, for any reason or for no reason at all, terminate the Agreement through a ninety (90) days prior written notice to the other party.

Termination for Cause. Either Party may terminate this Agreement with immediate effect on written notice to the other party if the other party:

  • has committed a material breach of this Agreement and, if such breach is capable of remedy, has failed to remedy the breach within fifteen (15) days after receiving notice from the terminating party specifying the breach and requiring the breach to be remedied; for purposes hereof, a breach shall be considered capable of remedy if the defaulting party can comply with the provision in question in all respects other than time of performance (provided that time of performance is not of the essence). Termination of this License by STATSCORE due to Customer’s breach of the License will be in addition to, and not in lieu of, any equitable or other remedies available to STATSCORE;
  • ceases, or threatens to cease, to carry on the whole or a substantial part of its business;
  • becomes unable to pay its debts as and when they fall due, makes an arrangement or composition with its creditors or goes into liquidation;
  • is the subject of the commencement of any bankruptcy proceedings, the passing of a resolution for its winding up, the giving of a notice of appointment or intention to appoint an administrator or liquidator; or has an administrator or trustee appointed over all or any of its assets; or is the subject of any voluntary arrangement in respect of such party.

Consequences of Termination. Immediately upon termination or expiration of this License, for whatever reason: (a) STATSCORE will terminate Customer’s and its designated users’ access to the Service and delete their account from the Service; and (b) Customer must cease any and all use of the Service and
cause all its designated users to cease any and all use of the Service. Sections 3, 4, 7, 12, 13, 16 and 19 of this License will survive any termination or expiration of this License.

Section C – Discontinuation in special cases

In the event that the Sports Data or the Services to which Customer is subscribed pursuant to this License, are wholly or partially alleged to infringe or violate any third party rights, or if STATSCORE believes may, in any way, infringe or violate any third party rights (collectively “Allegedly Infringing Service”),
STATSCORE may immediately discontinue the provision of the Allegedly Infringing Service, without prior notice to Customer. Upon such discontinuation, STATSCORE shall notify Customer to that effect, and Customer shall then have the option to: (i) substitute the Allegedly Infringing Service at no additional cost beyond the Subscription Fee; or (ii) terminate the License and receive a pro-rata refund of the Subscription Fee it actually paid to STATSCORE, from the date of discontinuation of the Allegedly Infringing Service, until the effective date of termination of the License by Customer.

Customer shall notify STATSCORE of its choice among the above alternatives, within 5 Business Days of STATSCORE’ notification of discontinuation. If Customer fails to so notify STATSCORE, STATSCORE may terminate the License immediately, provided it refunds Customer for the pro-rata Subscription Fee it actually received from Customer, from the date of discontinuation of the Allegedly Infringing Service, until the effective date of termination of the License by STATSCORE.

This Section D is STATSCORE’ sole and exclusive obligation, and Customer’s sole and exclusive recourse and remedy, regarding STATSCORE’ discontinuation of the provision of any Allegedly Infringing Service. Customer shall have no plea, claim or demand against STATSCORE or its employees, directors, shareholders, advisors, and anyone acting on their behalf, for discontinuation of the provision of any Allegedly Infringing Service.

Section D – General Terms and Conditions

In the event that the Sports Data or the Services to which Customer is subscribed pursuant to this License, are wholly or partially alleged to infringe or violate any third party rights, or if STATSCORE believes may, in any way, infringe or violate any third party rights (collectively “Allegedly Infringing Service”),
STATSCORE may immediately discontinue the provision of the Allegedly Infringing Service, without prior notice to Customer. Upon such discontinuation, STATSCORE shall notify Customer to that effect, and Customer shall then have the option to: (i) substitute the Allegedly Infringing Service at no additional cost beyond the Subscription Fee; or (ii) terminate the License and receive a pro-rata refund of the Subscription Fee it actually paid to STATSCORE, from the date of discontinuation of the Allegedly Infringing Service, until the effective date of termination of the License by Customer.

1. Definitions

“Management Panel” means the back-end administrative interface through which Customer receives and manages the Sports Data.

“Application”
means any software delivered to Customer in HTML or JSON code as specified in Appendix A.

“Authorized Channel(s)”
means the Online Channel for the Website(s) and Mobile Application(s) and/or the Retail Channel for the brand(s) specified in Appendix A.

“Business Day(s)”
means any day which is not a Saturday, Sunday or a public or bank holiday in Poland.

“Documentation”
means any STATSCORE written or printed materials that provide information about the Services and their use, including user guides, reference materials, support information and technical manuals.

”Sports Data”
means sports or sport events related information collected and maintained by either STATSCORE or a Third Party Provider, such as live scores or statistics which STATSCORE may deliver to Customer.

“Subscription Fees”
means all amounts that Customer is required to pay STATSCORE under this Agreement and as specified in Appendix A.

“Third Party Provider”
means any sports entity, league, association or authority acting in any capacity; any team, official or other participant in any match, or any agency or other person, having the legal ownership, control, management or exploitation of audio-visual rights, database rights or other rights subsisting in data in respect of any sporting contest (including matches, competitions, races and other sporting fixtures).

“Third Party Data”
means Sports Data provided by Third Party Provider.

2. Using the Services & Sports Data

Using the Service. Customer’s access to the Management Panel and the Services provided thereby, is authenticated by a username and password. From time to time, STATSCORE may establish and require additional or different means of identification and authentication. Customer and its designated users are solely responsible for maintaining the confidentiality of their account username and password, including changing their passwords periodically. Customer assumes full responsibility for its, or its designated users’, failure to maintain their account username and password confidential and for all consequences resulting therefrom.

Access to the Management Panel or Services provided thereby may be illegal according to the laws and regulations applicable to Customer, including (but not limited to) due to Customer’s country of origin or residence. STATSCORE makes no assurance or warranty that access to and use of the Management Panel or the Services provided under this Agreement is legal. The content of the Management Panel or the Services provided thereby does not constitute an offer, solicitation, or invitation to use the Service provided thereby in jurisdictions in which the law prohibits its use.

STATSCORE reserves the right to make changes to the Management Panel without previously notifying Customer. The changes may lead to temporary restrictions on the use of the Management Panel.

Using Third Party Data. From time to time, Customer may request that STATSCORE provide Customer with certain additional services (“Additional Services”). Customer will duly consider such requests for Additional Services, taking into account, among other matters, the availability of such Additional Services and the need to purchase licenses to Third Party Data from Third Party Providers where such Third Party Data is not publicly available. Where licenses to Third Party Data are required, the Customer will cover the fees for those licenses. These fees will either be incorporated into the Subscription Fee or be directly paid to the Third Party Providers by Customer – whichever of these alternatives the parties agree to.

3. Payment Terms

Customer shall pay STATSCORE the Subscription Fee and all other applicable fees, in accordance with the payment methods specified in Section B above and in this Section. The periodic Subscription Fee is due on the first Business Day following the Effective Date, and each month thereafter in advance by the first day of the month for which it is due, or on payment dates and frequency otherwise agreed by the parties in writing. All amounts payable to STATSCORE, pursuant to this License are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. Customer is responsible for the payment of all such applicable taxes or charges and will remit grossed-up payments, to STATSCORE, to include all such taxes and transaction charges, except for any taxes based solely on STATSCORE’ net income.

Except as expressly set forth in Section D above and unless stated otherwise in the terms hereof, all Subscription Fees paid by Customer are non-refundable. Customer is responsible for paying all applicable Subscription Fees, whether or not it has actively used the Service in any given period.

Except as expressly set forth in Section D above, if this License is terminated or expires for whatever reason, Customer will not be entitled to any refund or reimbursement for any Subscription Fees it has paid STATSCORE and will not be relieved or excused of any payment obligations that have accrued until the effective date of termination or expiration of this License. The pro-rata monthly Subscription Fee for the period ending upon the termination or expiration of the License, is due upon the effective date of such termination or expiration.

Without derogating from any other rights and remedies available to STATSCORE under the applicable law, fees overdue by Customer will accrue interest at the rate of three-quarters of one percent (0.75%) per month or part thereof, cumulative monthly on the linked capital from the next Business Day after the original due date, until the date of actual payment. Customer agrees to reimburse STATSCORE for all legal costs and attorney fees STATSCORE incurs in the course of collecting Customer’s overdue fees.

Delay in payments of more than 7 Business Days from the payment’s original due date will constitute a material breach of the License.

4. STATSCORE’ Rights

As between the parties, all rights, title and interest, including copyrights, trademarks, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service and any part thereof, including computer code, design, layout and the user interfaces of the Service, and all derivatives, improvements and variations thereof, are and will remain at all times, owned by, or licensed, to STATSCORE. Other than the license expressly granted to Customer under this License, STATSCORE retains all rights, title, and interest with respect to, or in connection with the Services. Other than as necessary for Customer to utilize the Services as permitted by Section A above, Customer may not copy, distribute, display publicly, sublicense, execute publicly, make available to third parties, adapt, make commercial use of, process, translate, modify or create derivative works of, the Service, in any way, or by any means.

Customer may not reproduce, distribute, display publicly, make available to third parties, sublicense, decompile, disassemble, reduce to human readable form, reverse engineer or create derivative works of, the Service, in any way, or by any means.

5. Restrictions

Except as expressly set forth in Section A above or otherwise expressly consented by STATSCORE in writing, Customer must not, directly or indirectly monetize, commercialize, sell, modify, publish, transmit, distribute or otherwise disseminate the Service or any portion thereof. Customer may not, directly or indirectly, either by itself or by others on its behalf:

5.1. Access or use the Service in order to develop, or create, a similar or competitive product or service during the Contract Term and 12 months afterwards;

5.2. Undertake any representation or warranty on behalf of STATSCORE, or engage in any action or omission vis-à-vis any third party, which may impose any liability whatsoever upon STATSCORE.

5.3. Provide the Service to third parties, including by reselling, licensing,

5.4. Sublicensing, renting, leasing, transferring, lending, timesharing, assigning or redistributing the Service;

5.5. Collect, harvest, obtain or process information about the Service itself (including its operation, limitations, vulnerabilities, etc.), or about other users of the Service;

5.6. Engage in or attempt to engage in: (i) any form of testing, scanning, scraping, probing, robotic navigating, bulk extracting or hacking the Service; (ii) breaching the security of the Service, or any network or server used by the Service, or identifying any security vulnerabilities thereof; (iii) interfering with, circumventing, manipulating, impairing, burdening or disrupting the operation, or the functionality of the Service; (iv) working around or circumventing any technical limitations in the Service; or (v) using any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

5.7. USE THE SERVICE FOR ANY ACTIVITY THAT MAY CONSTITUTE, OR ENCOURAGES CONDUCT THAT MAY CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY LOCAL, STATE, OR NATIONAL LAW OR INDUSTRY STANDARD APPLICABLE IN THE JURISDICTION WHERE THE SERVICE IS PROVIDED TO CUSTOMER AND ANY JURISDICTION IN WHICH CUSTOMER DOES BUSINESS OR ENGAGES IN ACTIVITY, INCLUDING ANY APPLICABLE LAWS AND REGULATIONS GOVERNING GAMING, GAMBLING, LOTTERIES AND SPORT-BETTING. IN PARTICULAR (BUT WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE MENTIONED),CUSTOMER MAY NOT USE OR ALLOW OTHERS TO USE THE SERVICE IN ANY OF THE FOLLOWING JURISDICTIONS: AFGHANISTAN, BELARUS, BURUNDI, CENTRAL AFRICAN REPUBLIC, CUBA, CONGO (DEMOCRATIC REPUBLIC), KOREA (DPR), IRAN, IRAQ, LEBANON, LIBYA, MALI, MYANMAR, NICARAGUA, SOMALIA, SOUTH SUDAN, SYRIAN, VENEZUELA, YEMEN AND ZIMBABWE. EVERY OTHER JURISDICTION WILL BE VERIFIED INDIVIDUALLY IN ACCORDANCE WITH THE POLISH LAW.

5.8. USE THE SERVICE FOR, OR IN CONNECTION WITH, ANY ACTIVITY THAT MAY BE DEEMED, OR ENCOURAGE ACTIVITY THAT MAY BE DEEMED THREATENING, HARASSING, MISLEADING, DECEPTIVE, LIBELOUS, DEFAMATORY, VULGAR, OBSCENE, PROFANE OR OTHERWISE OBJECTIONABLE.

Without prejudice to any other right STATSCORE has under this License or under law, STATSCORE may employ technological measures to detect and prevent fraudulent or unauthorized use of the Service. STATSCORE may terminate Customer’s account on the Service without prior notice, if STATSCORE, at its discretion, deems Customer’s use of the Service to be fraudulent or unauthorized.

6. Representations and Warranties

Customer represents and warrants to STATSCORE that –

6.1. It is not a competitor of STATSCORE and is not using the Service or this License to engage in, or permit or assist others to engage in, competition with STATSCORE;

6.2. Its entering into this License and its intended use of the Services do not violate any law to which Customer or its activities are subject, or any other agreement to which Customer is a party;

6.3. It has lawfully obtained all permits, authorizations and licenses required in connection with Customer’s activities, pursuant to the applicable law to which Customer or its operations are subject.

6.4. It duly submits all required reports to the competent tax authorities to which Customer is subject.

7. Confidential Information

In this License, “Confidential Information” includes all information, in whatever medium, relating to the Service (and all elements thereof, including functionality, capabilities, structure, design and all other details related thereto, except for its mere existence), the provisions of the License (however,
not its existence), business plans and practices, Documentation, presentations and technical support material, product information, know-how, market opportunities, transactions and affairs or business of a party or its customers.

7.1. Each party shall, both during the Term of this License and thereafter:

7.1.1. keep all Confidential Information disclosed to it by the other party strictly confidential;

7.1.2. not disclose any such Confidential Information to a third party, other than to its and/or its group companies’ employees, managers, directors, officers or professional advisors on a ‘need to know’ basis, and only provided that the relevant party shall ensure that each such employees, managers, directors, officers or professional advisor shall keep such Confidential Information confidential and shall not use any of it for any purpose or disclose it to any person, firm or company other than those for which or to whom that party may lawfully use or disclose it under this License; and:

7.1.3. use Confidential Information only in connection with the proper performance of this License.

7.2. Without limiting the above provisions, save as required by law, or any applicable regulatory authority or government body to which either party or its group companies is subject (wherever situated), no party shall make any public announcement, issue any press release or make any form of statement to the public about this License or any ancillary matter without the prior written consent of the other party, which shall not be unreasonably withheld or delayed

7.3. Section 7.2 shall not apply to any Confidential Information, to the extent that it: (i) comes within the public domain other than through breach of Section 7.2; (ii) is required or requested to be disclosed by any competent authority to which either party or its group company is subject, wherever situated; receiving party agrees that in the event that it is under demand or request to disclose such information, it shall provide to disclosing party, to the extent permitted under applicable law, prompt notice of such demand or request, and shall consult and cooperate with disclosing party in connection with such disclosure; (iii) is known to the receiving party before the disclosure to it by the other party or on its behalf, as proven by written records; or (iv) is disclosed with the other party’s prior written approval to the disclosure.

7.4. This Section 7 shall continue in force after and despite the expiry or termination of this License for whatever reason.

8. Service Quality, Accuracy and Availability

The Service, its provisions to Customer and STATSCORE’ performance of this License are subject to the terms of the Service Level Agreement incorporated by reference into this License (the “SLA”). Nevertheless, as a service that relies on network, infrastructure, hardware, software and Sports Data, managed and operated by third parties, STATSCORE does not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors or omissions, malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures (including computer-bugs and algorithm mistakes or omissions) and communication failures. If STATSCORE receives notice, or becomes aware, of any failure or malfunction, STATSCORE will endeavor to correct the failure or malfunction and regain the Service’s full availability as soon as practicable. Such incidents will not be considered a breach of this License, and STATSCORE shall be excused from the performance of its obligations under this License, insofar as the performance is prevented, or interfered with, due to acts of third parties, events, or conditions beyond STATSCORE’ reasonable control.

STATSCORE THEREFORE RECOMMENDS THAT CUSTOMER USE ITS OWN MEASURES TO MONITOR, SUPERVISE AND VERIFY THE SPORTS DATA, PARTICULARLY SPORTS DATA THAT ADDRESSES REAL-TIME OR NEAR REAL-TIME OCCURRENCES, SUCH STATISTICS AND INFORMATION PROVIDED THROUGHOUT THE COURSE OF AN ONGOING GAME OR MATCH.

Customer acknowledges that the Services address, among others, forthcoming events and occurrences that have yet to take place, including sporting events, which, by their very nature, may transpire unpredictably (or not transpire at all), for any number of reasons, such as weather, acts of God and regulatory actions. Customer assumes sole and exclusive responsibility and liability for its reliance upon the Sports Data which addresses forthcoming events and occurrences and for the consequences resulting from such reliance. Customer will have no plea, claim, complaint or demand whatsoever against STATSCORE, its affiliates and their respective managers, directors, shareholders, employees, subcontractors, agents and anyone acting on their behalf, for Service inaccuracies regarding the unfolding of forthcoming events or occurrences.

9. Support

During the Term specified in Section C above, and subject to the terms and conditions of this License, STATSCORE will provide Customer technical support for questions, problems and inquiries regarding the Service, pursuant to the support scheme, hours and channels set forth in the SLA. STATSCORE may, from time to time and at its sole discretion, change the support scheme, hours and channels. Such changes will take immediate effect upon the posting on the STATSCORE’ webpage indicated above. Other than as expressly specified above, Customer is not entitled to receive from STATSCORE any other or additional form of support or maintenance.

10. Modifications to the Service

STATSCORE reserves the right to modify, adapt, improve, or enhance, the Service or any of its features, user interface, design or any other aspect related to it (“Modification”) – at any time, with a 15 days’ prior notice to Customer. If the modification leads to upgrade of the products STATSCORE is not obliged to inform the Customer with a prior notice.

If STATSCORE enhances the Service to include new or additional features or capabilities, STATSCORE reserves the right to amend this License and the applicable Subscription Fees, and obtain Customer’s consent to such amendments, pursuant to section 18 below. If Customer does not agree to the amendments in their entirety, STATSCORE reserves the right to terminate this License pursuant to section C above.

11. STATSCORE Warranties & Disclaimers

11.1. STATSCORE HEREBY WARRANTS TO CUSTOMER THAT:

11.1.1. THE SERVICE SPECIFICATIONS AND DOCUMENTATION WILL ACCURATELY REFLECT THE SERVICE AND PROVIDE SUFFICIENT INFORMATION TO ENABLE CUSTOMER WITH APPROPRIATE TRAINING AND SKILLS TO USE THE SERVICE;

11.1.2. THE SERVICE SHALL PERFORM IN ACCORDANCE WITH THE SERVICE LEVEL AGREEMENT, THE SERVICE SPECIFICATIONS, THE DOCUMENTATION AND OTHER REQUIREMENTS SET OUT IN THIS LICENSE; AND

11.1.3. THE SERVICE SHALL FIT TO THE SPECIFIC PURPOSE DEFINED AND PRESENTED BY STATSCORE IN THE SERVICE SPECIFICATIONS AND THE DOCUMENTATION.

11.2. OTHER THAN EXPRESSLY STATED HEREIN, AND WITHOUT PREJUDICE THE ABOVE, THE SERVICE AND THE SPORTS DATA IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHILE STATSCORE DEDICATES COMMERCIAL AND TECHNOLOGICAL EFFORTS ON DATA QUALITY , STATSCORE DOES NOT GUARANTEE THAT THE SERVICE OR ANY SPORTS DATA IT PROCESSES AND DISTRIBUTES WILL ALWAYS BE AVAILABLE, ACCURATE, CORRECT, COMPLETE, RELIABLE, AND UPTODATE. STATSCORE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A Page 11 STATSCORE License PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, RELIABILITY, SECURITY OR ACCURACY, COMPLETENESS OR CORRECTNESS. CUSTOMER AGREES AND ACKNOWLEDGES THAT THE USE OF THE SERVICE AND THE SPORTS DATA IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT ITS OWN RISK. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY OR SUITABILITY FOR USE, PERFORMANCE OF THE SERVICE, WHETHER MADE BY STATSCORE’ EMPLOYEES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY STATSCORE FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF STATSCORE WHATSOEVER.

By providing the Service, STATSCORE does not endorse, recommend or sponsor taking (or not taking) any action or making any decision, in connection with the Service. By providing the Sports Data, STATSCORE does not endorse, recommend or sponsor any of the events or occurrences addressed by, or reflected in, the Service.

12. Limitation of Liability

EXCEPT TO STATSCORE BREACH OF ITS CONFIDENTIALTY OBLIGATIONS UNDER NO CIRCUMSTANCES, UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF STATSCORE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES OR CLAIM BY CUSTOMER OR ANY OTHER PARTY, SHALL STATSCORE OR ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON ITS BEHALF, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING LOSS OF PROFITS, GOODWILL, BUSINESS AND COMMERCIAL LOSSES, ARISING FROM, OR IN CONNECTION WITH, THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ANY USE OF, OR THE INABILITY TO USE THE SERVICE OR THE SPORTS DATA; ANY DAMAGE TO OR LOSS OF DATA; ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE; ANY RELIANCE BY CUSTOMER, OR OTHERS, ON THE SERVICE; ANY FAULT OR ERROR MADE BY STATSCORE’ STAFF, OR ANYONE ACTING ON THEIR BEHALF; ANY ERROR, INCOMPLETENESS, INCORRECTNESS, IMPROPRIETY, OFFENSIVENESS, UNLAWFULNESS OR INACCURACY OF THE SPORTS DATA OR THE SERVICE; ANY OTHER BREACH OF STATSCORE’ OBLIGATIONS UNDER THIS LICENSE; WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION; DAMAGES RESULTING FROM DISABLING OF THE SPORTS DATA OR ANY DENIAL OR CANCELLATION OF CUSTOMER’S ACCOUNT ON THE SERVICE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT WILL STATSCORE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES ACTUALLY PAID BY CUSTOMER IN CONNECTION WITH THE SERVICE, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.

13. Indemnity

Customer agrees to fully indemnify, defend and hold STATSCORE, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless from and against any and all claims, liability, damages, losses, costs and expenses (including attorney’s fees
and legal expenses) incurred by the above persons in connection with any complaint, claim, or demand of any third party, arising from, or in connection with: (i) any use not expressly permitted under this License of the Service or the Sports Data through Customer’s account by any person,
whether or not authorized by Customer; or (ii) Customer’s breach of this License, or any other rules or regulations applicable to the Service or Customer’s activities; or (iii) Customer’s alleged or actual violation or infringement of any other person’s rights, committed in conjunction with Customer’s use of the Service. Without derogating from the above provisions, STATSCORE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, and in such case, Customer agrees to co-operate with STATSCORE defense of such claim.

14. Force Majeure

Neither party will be liable for any delay, loss, costs or damages due to its non-performance under this License, arising out of any cause or event not within the reasonable control of such party, such as an act of God, acts of a public enemy, acts of any governmental or quasi-governmental agency or any of their political subdivisions, reason of fire, floods, epidemics, explosion, power or telecommunications irregularities, quarantine restrictions; strikes or other labor unrest, earthquakes, civil commotion or revolutions, war, terrorist attack, freight embargoes, unusually severe weather conditions, or any other cause that was not reasonably foreseeable by such party on the Effective Date (“Force Major Event”). In addition to those situations commonly deemed to be Force Majeure Events, the following cases shall also be considered Force Majeure Events: any limitations imposed on STATSCORE by any official authority or by law, and revision of overall conditions for marketing and sales due to changes in law or by rule of any official authority.

Either party shall inform the other party of a Force Majeure Event as soon as practicable (“Force Majeure Event Notice”) . To the extent the either party cannot fulfill its obligations under this License as a result of Force Major Event within 30 days upon providing Force Major Event Notice to the other party, both parties shall negotiate in good faith in order to: (i) if possible, execute the material parts of this Agreement; or (ii) terminate the Agreement on terms acceptable to both parties.

15. Assignment of the License

STATSCORE may assign this License in its entirety, including all right, duties, liabilities and obligations herein, upon notice to Customer and without obtaining Customer’s further specific consent, to any third-party which by virtue of such assignment, assumes STATSCORE’ stead, including all right, duties, liabilities and obligations. Any purported assignment or delegation of rights, performance, duties, liabilities or obligations, by Customer, without the STATSCORE’ express prior written consent, is void.

16. Governing Law

This License, the Service and any claim, cause of action or dispute arising out of, or related thereto, shall be governed by and construed solely under the laws of the State of Poland regardless of Customers’ country of origin, or where Customer accesses the Service from, without giving effect to
any conflict of law principles, which would result in the application of the laws of a jurisdiction other than the State of Poland. The parties hereby agree that any dispute, claim or controversy arising out of, connected with, or relating to this License, the Service, or any use related thereto, will be
submitted to the sole and exclusive jurisdiction of the competent court in Warsaw, Poland.

17. Complete Terms and Severability

This License constitutes the entire and complete agreement between STATSCORE and Customer concerning any use of, or in connection with, the Service. This License supersedes all prior oral or written statements, understandings, negotiations and representations with respect to the subject
matter herein. If any provision of this License is held invalid or unenforceable, that provision must be construed in a manner consistent with the applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.

18. Amendments

This License may be subject to amendments from time to time. If STATSCORE seek to amend this License, STATSCORE will ask Customer to accept the amended License. If Customer does not agree to the amended License, STATSCORE reserves the right to terminate this License pursuant to Section C above.

19. No waiver

Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions of this License. The waiver, by either party, of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.

Service Level Agreement

1. Definitions

The following terms shall have the meanings given below. Capitalized terms used herein but not specifically defined herein shall have the meanings attributed to such terms in the Services Agreement (the “Agreement”).

Availability and Availablehave the meanings set out in Section 3.1 of this SLA.
Business Hoursmeans Monday to Friday, 09:00 – 17:00 CET/CEST (Poland local time)
Critical Incidentmeans an incident that has rendered the Services completely or otherwise materially non-functional. For the purpose hereof,
materially non-functional means any situation where Services derogate by at least 0.2%.
Downtimehas the meaning set out in this SLA
Emergency Maintenancemeans fixing of a Critical Incident or a Major Incident that requires Downtime.
Incidentmeans a Critical Incident, a Major Incident or a Minor Incident.
Initial Responsemeans a response provided by the support personnel of STATSCORE that does not necessarily include a Solution of the Incident.
Major Incidentmeans an incident that has rendered the Services partially usable with some features and functions non-functioning.
Minor Incidentmeans any incident other than Critical Incident or Major Incident.
Off-Peak Hoursmeans time from 01:00 to 06:00 CET/ CEST (Poland local time)
Resourcehas the meaning set out in Section 3.1 of this SLA
Scheduled Downtimehas the meaning set out in Section 3.4 of this SLA
SLAmeans this Service Level Agreement
Solutionmeans actions and procedures, which circumvent or overcome the impact of the Incident.
Support Servicesmeans support services to be provided under this SLA
Unscheduled Downtime has the meaning set out in Section 3.3 of this SLA

2. Support Services

STATSCORE hereby undertakes to supply the Support Services to the Customer in compliance with applicable professional and industry standards, in order to maintain the Services operational and to enable Customer to use the Services throughout the Term of the Agreement.

3. Service Level – Availability

STATSCORE hereby undertakes to supply the Support Services to the Customer in compliance with applicable professional and industry standards, in order to maintain the Services operational and to enable Customer to use the Services throughout the Term of the Agreement.

3.1. Definition of Availability

Availability of Services shall be calculated on a monthly basis.

Availability” is measured according to the following definition (and “Unavailability” or “Downtime” shall be construed accordingly):

Services shall be considered “Available” provided it is functional, free of any Critical Incident and available to be accessed and utilized.

The following exceptions will not be measured as part of Availability –
(a) If data is not available in any resource of Sports Data (“Resource”) for reasons such as the Resource being under maintenance, removed from the Internet, stops disseminating relevant data or blocks access to such data, etc.
(b) If STATSCORE finds, at its sole discretion, that the Resource is unreliable and decides to remove it from the Content. STATSCORE will use commercially reasonable efforts to notify Customer of such removal and find a replacement, if it finds it necessary.

3.2. Services Availability

STATSCORE shall operate and maintain the Services and make them available and fully functional to the Customer and/or other users as further set out herein.

Total cumulative Unscheduled Downtime (as defined below) of Services in any one (1) Month period, should not cause Availability to fall below 99.5% (ninety-nine point five percent).

3.3. Unscheduled Downtime

Subject to the exceptions listed below, “Unscheduled Downtime” is time when the Services is Unavailable as defined under Section 3.1 above.

The following shall not be considered Unscheduled Downtime:
(a) Scheduled Downtime as defined in Clause 3.4 below;
(b) Downtime of the Services caused by a direct act or omission of the Customer;
(c) Circumstances resulting from Force Majeure Event; or
(d) Any Downtime resulting due to regulatory concerns.

3.4. Scheduled Downtime

The Customer acknowledges that STATSCORE may suspend the provision of the Services, in whole, or in part, for all customers, or for certain customers, for periodic maintenance purposes (“Scheduled Downtime“). STATSCORE will make efforts to minimize the Downtime duration and provide the Customer with a Downtime notice (if possible) – prior to the commencement of the Downtime period. Notwithstanding the foregoing, it is hereby agreed and clarified that any Downtime shall only take place on Mondays or Tuesdays between 8:00 to 12:00 CET/CEST (Poland local time) and in any case not during any major or significant sporting events and that any such Downtime will in any way not extend over or exceed 4 (four) hours per downtime window.

3.5. Emergency Maintenance

STATSCORE shall use commercially reasonable efforts to conduct Emergency Maintenance requiring Downtime of the Services during Off-Peak Hours upon providing the Customer with reasonable prior notice by email, if feasible, to one of the following contacts:
(i) [____________________________];
(ii) [____________________________]; or
(iii) [____________________________].

STATSCORE will use its best efforts so that the total duration of Emergency Maintenance do not exceed one (1) hour per month.

4. Support Availability and Contacts

4.1. STATSCORE operates a help-desk at its service center which is available 24 hours a day, 365 days a year (“Service Center”). There will at all times be an appropriately qualified support specialist (“Support Specialist”) on call at the Service Center to deal with Critical Incidents and Major Incidents. The Service Center may be contacted by Service Desk available at: https://support.statscore.com or by the e-mail: support@statscore.com

4.2. The Service Center shall be available to provide Support Services for Critical Incidents and Major Incidents 24 hours a day, 365 days a year. All other Support Services will be available during Business Hours only.

4.3. The Service Center shall have the following roles and responsibilities:
(a) act as the single point of contact for all issues concerning Support Services;
(b) be responsible for providing status reports of open service tickets and for following up on open issues;
(c) if the Support Specialist cannot provide the required information or assistance, STATSCORE will provide such service by another trained personnel.

5. Support Availability and Contacts

5.1. Upon detection of any Incident, the Customer shall contact the Service Center by e-mail, or any other agreed communication format notified in advance by the Customer, using the contact details set out in Section 4.1 above. The Incident report shall include, in addition to all the details set out in Section 5.2 below, the name of the Customer and its representative who shall function as STATSCORE’s single point of contact for the Incident reported and who shall work with the Support Specialist and provide all cooperation and assistance reasonably required in order to enable STATSCORE to resolve the Incident quickly and efficiently.

5.2. The Customer shall provide the Service Center with a report of the Incident, including its recommendation as to whether it should be classified as a Critical Incident, Major Incident, or Minor Incident and any additional information available to the Customer and reasonably requested by the Support Specialist, including, without limitation, the circumstances in which the Incident arose and the time the Customer became aware of it.

6. Incident Resolution

6.1. No Incident shall be considered closed unless Customer and STATSCORE have reasonably agreed that it is solved.

6.2. The following Solution and resolution times shall apply:

Incident CategoryInitial ResponseSolution
Critical IncidentWithin 15 minutesConstant work until a Solution is available and the respective part of the Software and/or Service is Available.
Major IncidentWithin 30 minutesConstant work until a Solution is available.
Final resolution in no more upon than 12 hours following a Solution was found.
Minor IncidentWithin 24 hoursFinal resolution upon next release of Modification

6.3. In cases where STATSCORE fails to meet the foregoing resolution time it will provide the Customer with the following compensation

Availability (A)Compensation
99.8% > A ≥ 99.5%10% of the Subscription Fee of the respective month.
99.5% > A ≥ 99.0%12% of the Subscription Fee of the respective month.
99.0% > A ≥ 97.8%15% of the Subscription Fee of the respective month.
97.8% > A ≥ 97.2%17% of the Subscription Fee of the respective month.
97.2% > A ≥ 96.8%20% of the Subscription Fee of the respective month.
96.8% > A ≥ 96.2%25% of the Subscription Fee of the respective month.
96.2% > A50% of the Subscription Fee of the respective month.
Such a failure shall be also considered a material breach of the Agreement.

Such compensation shall be the sole and exclusive remedy to which Customer be entitled in such case of unavailability.

For the avoidance of doubt, STATSCORE shall have no obligation under this Clause 6.3 if such minimum level cannot be reached as a result of any of the following exclusion events:
● any maintenance carried out by STATSCORE;
● any Force Majeure Event (as such term is defined in Clause 21.6) or any other matter beyond the reasonable control of STATSCORE;
● any unauthorized third party access; or
● incorrect use of the Services (or any part thereof).
● provide to the Customer STATSCORE’s standard maintenance support including: (a) recovery support; (b) update support; (c) improvement of function and operational support; and (d) support for normal operation.

7. Inherit Limitations

STATSCORE’s Services analyses data that third parties make available online. The accuracy and completeness of the Content, and the Availability of the Services, are based on several factors which are beyond STATSCORE’ control. These include (but are not limited to) latency in publication, processing and communication of data, different details provided by variousresources about a single sporting event, absence of on-time information on all given sporting events, dynamic shifts in reliability of information sources, information resources becoming unavailable online, etc. (“Inherit Limitations”).

The Content, the data analyzed may not be fault-free or free of errors, inaccuracies and omissions or always available and up-to-date.

8. SLA Reporting

STATSCORE will provide the Customer with the following reports on actual operation of the Software upon its reasonable demand:

(a) Availability report. Contains Software Availability statistics (Availability of all Modules, Emergency Maintenances – number and duration, Scheduled Downtimes – number and duration).

(b) Incident report. Contains statistics on Incidents related to the Software for last month and for current year to date.

9. Modifications to the Services

Without prejudice from the terms of this SLA, STATSCORE reserves the right to modify the Services at any time at STATSCORE’s sole discretion, save that: (i) the Customer will be notified of any material modification or removal of a material part of the Content (email shall suffice) and (ii) STATSCORE will not make any changes to the Content that would constitute a substantial or fundamental change to, or diminution of, the Content.

10. Additional Terms

Different Services may be accompanied by additional terms of service as may be provided from time to time by STATSCORE (“Additional Terms”). In any case of conflict between this SLA and the Additional Terms, the terms of this SLA shall prevail.

ADDITIONAL TERMS PER SERVICE
LivematchPro Application

1. Definitions

Capitalized Terms used herein but not otherwise defined herein shall have the meaning given to them in the SLA.

LivematchPro Application” means an application presenting Sports Statistics and LiveScores in real time. Each LivematchPro Application is delivered by a separate HTML Code (written in HTML language including JavaScript elements) and presents data from a single sports event. One such HTML Code can be used to generate one LivematchPro Application.

Sports Statistics and Live Scores” means sports related data and statistics provided as content of the LivematchPro Applications.

2. Provision of LivematchPro Applications

2.1. STATSCORE will deliver LivematchPro Applications in the form of an HTML Code. The number of LivematchPro Applications delivered each month may vary and depend on the actual number of sport events held and the Customer’s orders.

2.2. STATSCORE shall use reasonable efforts to deliver the HTML Code via the Administrative Panel or email, on the basis of an order placed by the Customer in electronic form, within two (2) Business Days of receiving the order by STATSCORE.

2.3. STATSCORE will make available to the Customer a dedicated Administrative Panel for the provision and management of the Services provided hereby.

2.4. In the event of a lack or insufficient orders from the Customer, STATSCORE will nevertheless provide the Customer each month with a package of LivematchPro Applications covering different sports events on an as-available basis and at the discretion of STATSCORE.

3. Sports Statistics and Live Scores

3.1. Types of Sports Statistic which may be posted in the LivematchPro Application, by functionality:

● match score;
● partial match results (sets, half, quarter);
● event time or status

3.2. STATSCORE will use reasonable efforts to update the individual types of Sports Statistics within the following time limits:

● match score– in real time, maximum delay: 1 minute;
● partial match scores– in real time, maximum delay: 1 minute;
● event time or status– in real time, maximum delay: 1 minute.

3.3. A list of sports is specified and available for review at: https://www.statscore.com/products/livematchpro/coverage/

4. Limitations

4.1. The total number of views on the Authorized Channel(s) where LivematchPro Applications will be displayed is 30M per month. Whenever this number of views is exceeded STATSCORE may, at its sole discretion renegotiate the commercial terms of this Agreement.

4.2. For the avoidance of doubt, each single view of a LivematchPro Applications counts as one view. For example: If a user clicks reload after reaching the page, this is counted as an additional view. If a user navigates to a different page and then returns to the original page, a second view of the StatsWidgets Applications is recorded as well and counts as an additional view.

4.3. For the avoidance of doubt, the Customer may only use the LivematchPro Applications in connection with the Authorized Channels set out on the Insertion Order.

5. Functionalities – Administrative Panel

5.1. Functionality. After logging into the Administrative Panel, the Customer gains access to the following functions:

● “Dashboard” – displays most important information about product usage for the Customer.
● “Widgets” – displays all the widgets configurations available for the Customer and allows creating new widgets configurations or editing existing ones.
● “Websites” – displays a list of websites (url’s) where the Customer is allowed to use of LivematchPro Application.
● “Reports” – displays detailed information about LivematchPro Application usage (like page views number).
● “Documentation” – contains user and technical documentation of LivematchPro Application.
● “Support” – contains a link to the Service Center.

PrematchPro Application

1. Definitions

Capitalized Terms used herein but not otherwise defined herein shall have the meaning given to them in the SLA.

PrematchPro Application” means an application presenting Sports Statistics. Each PrematchPro Application is delivered by a separate HTML Code (written in HTML language including JavaScript elements) and presents data from a single sports event. One such HTML Code can be used to generate one PrematchPro Application.

Sports Statistics” means sports related data and statistics provided as content of the PrematchPro Applications.

2. Provision of PrematchPro Applications

2.1. STATSCORE will deliver PrematchPro Applications in the form of an HTML Code. The number of PrematchPro Applications delivered may vary and depend on the actual number of sport events held.

2.2. STATSCORE will make available to the Customer a dedicated Administrative Panel for the provision and management of the Services provided hereby.

3. Sports Statistics

3.1. Types of Sports Statistic which may be posted in the PrematchPro Application, by functionality:

● prematch statistics;
● leagues statistics;
● head to head comparison;
● events information.

3.2. A list of sports is specified and available for review at: https://www.statscore.com/products/prematchpro/coverage/

4. Limitations

4.1. The total number of views on the Authorized Channel(s) where PrematchPro Applications will be displayed is 30M per month. Whenever this number of views is exceeded STATSCORE may, at its sole discretion renegotiate the commercial terms of this Agreement.

4.2. For the avoidance of doubt, each single view of PrematchPro Applications counts as one view. For example: If a user clicks reload after reaching the page, this is counted as an additional view. If a user navigates to a different page and then returns to the original page, a second view of the StatsWidgets Applications is recorded as well and counts as an additional view.

4.3. For the avoidance of doubt, the Customer may only use the PrematchPro Applications in connection with the Authorized Channels set out on the Insertion Order.

5. Functionalities – Administrative Panel

5.1. Functionality. After logging into the Administrative Panel, the Customer gains access to the following functions:

● “Dashboard” – displays most important information about product usage for the Customer.
● “Widgets” – displays all the widgets configurations available for the Customer and allows creating new widgets configurations or editing existing ones.
● “Websites” – displays a list of websites (url’s) where the Customer is allowed to use of PrematchPro Application.
● “Reports” – displays detailed information about PrematchPro Application usage (like page views number).
● “Documentation” – contains user and technical documentation of PrematchPro Application.
● “Support” – contains a link to the Service Center.

 ScoreFrame Application

1. Definitions

Capitalized Terms used herein but not otherwise defined herein shall have the meaning given to them in the SLA.

ScoreFrame Application” means an application presenting Sports Statistics and Live Scores in real time. Each ScoreFrame Application is delivered by a separate HTML Code (written in HTML language including JavaScript elements) with a live update function.

Sports Statistics and Live Scores” means sports related data and statistics provided as content of the ScoreFrame Application.

2. Provision of ScoreFrame Application

2.1. The ScoreFrame Application will be delivered by placing and integrating it into the Authorized Channels, in a manner agreed between the Parties and, where requested by the Customer, STATSCORE may agree to assist the Customer with the configuration.

2.2. STATSCORE will make available to the Customer a dedicated Administrative Panel for the provision and management of the Services provided hereby.

2.3. Other Information and Links, as defined below, may be posted in the ScoreFrame Application by adding them in the Administrative Panel, subject to the restrictions set out in Section 2.4 below.

For the purpose of these terms, “Other Information” shall mean, in particular, but not limited to advertisements, announcements, graphic designs, photographs, animations and short films. “Links” shall mean, in particular, but not limited to text links.

2.4. Such Other Information and Links must not contain:

● Illicit Content;
● content of a pornographic nature, or links to sites of such a nature;
● content inciting violence or prejudice, or links to sites of such a nature;
● content encompassed by a prohibition of publication by a decision of any competent authority, or links to sites of such a nature;
● content breaching personal rights or content which infringes any third party rights (including intellectual property rights), or links to sites of such a nature;
● computer viruses, or links to sites containing such viruses;
● charging functions;
● the function of taking bets; or
● any other content which may be considered offensive or inappropriate by STATSCORE’s sole discretion.

2.5. The Customer acknowledges and agrees that a breach by the Customer of this Section 2.4 above shall entitle STATSCORE to immediately suspend or terminate the Agreement, without prejudice to STATSCORE’s additional remedies available under law.

3. Sports Statistics and Live Scores

3.1. A list of sports is specified and available for review at: https://www.statscore.com/products/scoreframe/coverage/

3.2. STATSCORE will use reasonable efforts to update the individual types of Sports Statistics within the following time limits (subject to the terms of the Agreement):

● match score – in real time, maximum delay: 1 minute;
● partial match scores – in real time, maximum delay: 1 minute;
● event time or status– in real time, maximum delay: 1 minute.

3.3. Types of Sports Statistics available in the ScoreFrame Application, by functionality:

● match result;
● partial match results (sets, half, quarter);
● team lineups;
● event time or status

4. Limitations

4.1. The total number of views on the Authorized Channel(s) where ScoreFrame Applications will be displayed is 20M per month. Whenever this number of views is exceeded STATSCORE may, at its sole discretion renegotiate the commercial terms of this Agreement.

4.2. For the avoidance of doubt, each single view of a ScoreFrame Applications counts as one view. For example: If a user clicks “reload” after reaching the page, this is counted as an additional view. If a user navigates to a different page and then returns to the original page, a second view of the ScoreFrame Applications is recorded as well and counts as an additional view.

4.3. For the avoidance of doubt, the Customer may only use the PrematchPro Applications in connection with the Authorized Channels set out on the Insertion Order.

5. Functionalities – Administrative Panel

5.1. Functionality. After logging into the Administrative Panel, the Customer gains access to the following functions:

● “Your websites” – displays a list of websites (url’s) where the Customer is allowed to use ScoreFrame Application
● “Documentation” – contains user and technical documentation of ScoreFrame Application.
● “Support” – contains a link to the Service Center.

ScoutsFeed Application

1. Definitions

Capitalized Terms used herein but not otherwise defined herein shall have the meaning given to them in the SLA.

ScoutsFeed Application” is an application used for delivering and generating Sports Statistics and Live Scores in real time in the form of a JSON Code, with a live update function. Each ScoutsFeed Application contains data from a single sports event.

Sports Statistics and Live Scores” means sports related data and statistics provided as content of the ScoutsFeed Application.

2. Provision of the ScoutsFeed Application

2.1. STATSCORE undertakes to deliver to the Customer ScoutsFeed Applications in the form of a JSON Code.

2.2. STATSCORE will provide the ScoutsFeed Applications to the Customer on the basis of
orders placed by the Customer.

2.3. The number of ScoutsFeed Applications delivered each month may vary and depend on the actual number of sport events held and the Customer’s orders.

2.4. The order shall be submitted to STATSCORE and contain a choice of an event from the ones offered with the following details:

● Event started date;
● Coverage type;
● Participants names;
● Sports’ discipline name;
● Competition name (if applicable).

2.5. The Customer is entitled to order a maximum of events per month for the ScoutsFeed Application as specified in the Insertion Order. Only the events offered by STATSCORE for ScoutsFeed Application can be ordered. In case of incorrectly submitted orders, STATSCORE is released from obligation to provide Services.

2.6. STATSCORE will make available to the Customer a dedicated Administrative Panel for the provision and management of the Services provided hereunder.

3. Functionality – Administrative Panel

3.1. After logging in to the Administrative Panel, the Customer gains access to the following functions:

● “Coverage/Events” – displays a list of events for which ScoutsFeed Applications can be ordered by the Customer.
● “Coverage/Autobooking” – allows automatic booking option for events from a specific competition.
● “Coverage/Reports” – displays all orders made by the Customer.
● “Settings” – allows personal limitations to be established by the Customer
● “Documentation” – contains user and technical documentation of ScoutsFeed Application.
● “Support” – contains a link to the Service Center

4. Access Requirements to the ScoutsFeed Application

4.1. In order to receive access to the ScoutsFeed Applications, the Customer can use:

● Backoffice area to view the data. To gain access to the ScoutsFeed Application the Customer has to be authorized using his e-mail address and the password provided by STATSCORE.
● Connection to the AMQP server to receive messages provided in real time through the AMQP (Advanced Message Queuing Protocol) – PUSH method. The Customer needs to establish connection to the AMQP service and re-connect if connection is lost. To gain access to the ScoutsFeed Application the Customer has to be authorized using his individual data provided by STATSCORE (clientID; username, secret key).

4.2. The Customer mandatorily requires a correctly configured Mozilla Firefox, Chrome or Opera browser, of a version which is no more than 2 versions older than the most recent release, to be able to use the ScoutsFeed Application game booking administration panel.

4.3. Additional manuals for access and use of the ScoutsFeed Application are available in the Administrative Panel.

SportsAPI Application

1. Definitions

Capitalized Terms used herein but not otherwise defined herein shall have the meaning given to them in the SLA.

SportsAPI Application” is an application used for delivering and generating Sports Statistics in the form of a JSON Code. SportsApi Application contains data from multiple sports and competitions. SportsAPI Applications are available in several plans depending on the depth of statistics requested. The version provided to the Customer hereunder is set out on the Insertion Order.

Sports Statistics” means sports related data and statistics provided as content of the SportsAPI Application. The available coverage can be found on: https://www.statscore.com/products/sportsapi/coverage/

2. Provision of the SportsAPI Application

2.1. STATSCORE undertakes to deliver to the Customer SportsAPI Application in the form of an JSON Code.

3. Functionality – Administrative Panel

3.1. The SportsAPI Livescore package add-on includes live scores for sports disciplines available at https://www.STATSCORE.com/products/sportsapi/coverage/

3.2. Statscore will use reasonable efforts to update the individual types of live scores within the following time limits:
● match score– in real time, maximum delay: 1 minute
● partial match scores– in real time, maximum delay: 1 minute;
● event time or status– in real time, maximum delay: 1 minute.

4. SportsAPI Statistics Package

4.1.The SportsAPI Statistics package includes statistics for sports disciplines and leagues as specified for review (with the range level) at https://www.STATSCORE.com/products/sportsapi/coverage/

5. Access Requirements – SportsAPI Application

5.1. In order to receive access to the SportsAPI Application the Customer should use his individual credentials provided by STATSCORE.

5.2. Additional manuals for access and use of the SportsAPI Application are available in a welcoming email which Customer will receive after an account configuration.

StatsWidgets Application

1. Definitions

Capitalized Terms used but not otherwise defined herein shall have the meaning given to them in the SLA.

StatsWidgets Application” means an application presenting Sports Statistics and Live Scores in real time and prematch. Each StatsWidgets Application is delivered by a separate HTML Code (written in HTML language including JavaScript elements) and presents data from a single sports event or/end single competition. One such HTML Code can be used to generate one StatsWidgets Application.

Sports Statistics and Live Scores” means sports related data and statistics provided as content of the StatsWidgets Applications.

2. Provision of StatsWidgets Applications

2.1. The number of StatsWidgets Applications delivered each month may vary and depend on the actual number of sport events held and the Customer’s orders.

2.2. STATSCORE will use reasonable efforts to deliver the HTML Code via the Administrative Panel, on the basis of an order placed by the Customer in electronic form, within two (2) Business Days of receiving the order by STATSCORE.

2.3. The order shall be submitted to STATSCORE and contain at least the following:

● type of sport event and sport name;
● event start date (date and time); and
● event teams/participants.

2.4. In case of incorrectly submitted orders, STATSCORE is released from its obligation to provide the Services.

2.5. STATSCORE will make available to the Customer a dedicated Administrative Panel for the provision and management of the Services provided hereby.

2.6. In the event of a complete lack or insufficient orders from the Customer, STATSCORE will nevertheless provide the Customer each month with a package of StatsWidgets Applications covering alternative sports events on an as-available basis and at the discretion of STATSCORE.

3. Limitations

3.1. The total number of views on the Authorized Channel(s) where StatsWidgets Applications will be displayed is 30M per month. Whenever this number of views is exceeded STATSCORE may, at its sole discretion renegotiate the commercial terms of this Agreement.

3.2. For the avoidance of doubt, each single view of a StatsWidgets Applications counts as one view. For example: If a user clicks reload after reaching the page, this is counted as an additional view. If a user navigates to a different page and then returns to the original page, a second view of the StatsWidgets Applications is recorded as well and counts as an additional view.

3.3. For the avoidance of doubt, the Customer may only use the StatsWidgets Applications in connection with the Authorized Channels set out on the Insertion Order.

4. Sports Statistics and Live Scores

4.1. Types of Sports Statistic which may be posted in the StatsWidgets Application, by functionality and type:

● match score;
● partial match scores(sets, half, quarter);
● team lineups; and
● event time or status.

4.2. Frequency of update of the individual types of Sports Statistics:

● match score– in real time, maximum delay: 1 minute;
● partial match scores– in real time, maximum delay: 1 minute;
● event time or status– in real time, maximum delay: 1 minute.

5. Functionalities – Administrative Panel

5.1. Functionality. After logging into the Administrative Panel, the Customer gains access to the following functions:

● “Widgets” – displays all the widgets configurations available for Customer; Allows Customer to create new widgets configurations or edit existing ones.
● “Websites” – displays list of websites (url’s) allowed to use of StatsWidgets Application
● “Reports” – displays detailed information about StatsWidgets Application usage (application page views number)
● “Documentation” – contains user and technical documentation of StatsWidgets Application.
● “Support” – contains a link to the Service Center

CupCenter/LeagueCenter/TeamCenter Application

1. Definitions

Capitalized Terms used but not otherwise defined herein shall have the meaning given to them in the SLA.

CupCenter/LeagueCenter/Teamcenter Application” – means an application presenting Sports Statistics and Live Scores in real time for one chosen tournament (CupCenter), league (LeagueCenter) or team (TeamCenter). The version provided to the Customer is set out on the Insertion Order and will be delivered by a separate HTML Code (written in HTML language including JavaScript elements) with a live update function.

Sports Statistics and Live Scores” means sports related data and statistics provided as content of the CupCenter/LeagueCenter/TeamCenter Application.

2. Provision of CupCenter/LeagueCenter/TeamCenter Application

2.1. The CupCenter/LeagueCenter/TeamCenter Application will be delivered by placing and integrating it into the Authorized Channel(s), in a manner agreed between the Parties and, where requested by the Customer, STATSCORE may agree to assist the Customer with the configuration.

2.2. STATSCORE will make available to the Customer a dedicated Administrative Panel for the provision and management of the Services provided hereby.

2.3. Other Information and Links, as defined below, may be posted in the CupCenter/LeagueCenter/TeamCenter Application by adding them to the Administrative Panel, subject to the restrictions set out in Section 2.4 below. For the purpose of this section, “Other Information” means in particular, but not limited to advertisements, announcements, graphic designs, photographs, animations and short films. “Links” shall mean, in particular, but not limited to, text links.

2.4. Such Other Information and Links must not contain:
● Illicit Content;
● content of a pornographic nature, or links to sites of such nature;
● content inciting violence or prejudice, or links to sites of such nature;
● content encompassed by a prohibition of publication by a decision of any Competent Authority, or links to sites of such nature;
● content breaching personal rights or content which infringes any third party rights (including Intellectual Property Rights), or links to sites of such nature;
● computer viruses, or links to sites containing such viruses;
● charging functions;
● the function of taking bets; or
● any other content which may be considered offensive or inappropriate by STATSCORE’s at STATSCORE’s sole discretion.

2.5. The Customer acknowledges and agrees that a breach by the Customer of this Section 2.4 above shall entitle STATSCORE to immediately suspend or terminate the Agreement, without prejudice to STATSCORE’s additional remedies available under law.

3. Sports Statistics and Live Scores

3.1. A list of sports is specified and available for review at: https://www.statscore.com/products/leaguecenter/coverage/

3.2. STATSCORE will use reasonable efforts to update the individual types of Sports Statistics within the following time limits:

● match score– in real time, maximum delay: 1 minute;
● partial match scores– in real time, maximum delay: 1 minute;
● event time or status– in real time, maximum delay: 1 minute.

3.3. Types of Sports Statistics available in the CupCenter/LeagueCenter/TeamCenter Application, by functionality:

● match score
● partial match scores(sets, half, quarter)
● team lineups
● event time or status

4. Limitations

4.1. The total number of views on the Authorized Channel(s) where the CupCenter/LeagueCenter/TeamCenter Application will be displayed is 20M per month. Whenever this number of views is exceeded STATSCORE may, at its sole discretion renegotiate the commercial terms of this Agreement.

4.2. For the avoidance of doubt, each single view of a CupCenter/LeagueCenter/TeamCenter Application counts as one view. For example: If a user clicks reload after reaching the page, this is counted as an additional view. If a user navigates to a different page and then returns to the original page, a second view of the CupCenter/LeagueCenter/Teamcenter Application is recorded as well and counts as an additional view.

4.3. For the avoidance of doubt, the Customer may only use the CupCenter/LeagueCenter/TeamCenter Application in connection with the Authorized Channel(s) set out on the Insertion Order.

5. Functionalities – Administrative Panel

5.1. Functionality. After logging into the Administrative Panel, the Customer gains access to the following functions:

● “Your Websites” – displays a list of websites (url’s) where the Customer is allowed to useCupCenter/LeagueCenter/TeamCenter Application
● “Documentation” – contains user and technical documentation of ScoreFrame Application.
● “Support” – contains a link to the Service Center