These terms (“Terms”) cover your use of Smart Alerts (hereinafter referred to as the “Services”). You accept these Terms by creating a Smart Alerts account, by using the Services or by continuing to use the Services after being notified of a change to these Terms. It is highly recommended that you read, print, and save a copy of these Terms for your records because we will not save a copy for you. We (including “Us and Our” shall jointly refer to Smart Alerts) will provide the Services in accordance with these Terms and Conditions as outlined below.

We offer non-exclusive services in various jurisdictions to improve products by means of data analysis, reviews and various optimizations for a general improvement of individual Client’s offerings, which can be tailored as per each individual Client’s needs.

In accepting these Terms and Conditions, it is understood that you wish to avail of the Services offered by us in order to improve your overall content and product.

AND WHEREAS;

1. Definitions and interpretation

In these Terms and Conditions, unless the context requires otherwise, the following words and phrases shall have the meaning stipulated hereunder:

  • “Terms and Conditions” shall mean the terms and conditions together with any and all appendices and attachments hereto;
  • “Applicable law” shall mean any domestic or foreign statute, law, common law, ordinance, binding policy, binding guidance, rule, administrative interpretation, regulation, order, writ, injunction, directive, judgement, decree, permit or other requirement of any Regulatory Authority that applies to any of the Parties.
  • “Confidential Information” means all information whether conveyed orally or, in writing, in machine readable form or otherwise which relates to the business, affairs, products, developments, trade secrets, know-how, personnel, customers and suppliers of either Party (whether or not designated as “confidential information” by either party) together with all information derived from the foregoing or any other information clearly designated by the disclosing Party.
  • “Designated bank account” shall mean any bank account as designated by the
  • “Effective Date” means the date on which these Terms and Conditions have been accepted by You.
  • “Intellectual Property Rights” means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyrights (including rights in computer software) moral rights, database rights, format rights and typography rights (whether or not any of these is or are registered and including applications for registration) know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof.

2. Scope

  • You agree to use our Services according to the Terms and Conditions stipulated herein which Terms and Conditions must be accepted by the You prior to availing of the Services.
  • We shall provide You the Services which You select in line with the Terms and Conditions. For all intents and purposes, We undertakes to provide all and any services as defined herein.
  • As part of the Services provided, We endeavor to provide the Services in an efficient and timely Likewise, You undertake to provide Us with all the necessary information required to assist in the provision of the Services.
  • You hereby acknowledge and accept that all and any of the Services provided herein by Us shall in no manner whatsoever, whether directly or indirectly, provide any guarantee for any result on any improvements of your business.
  • You shall be solely responsible to maintain any and all licenses necessary for the operations of your business and shall not use Our Services or products without such licenses.

3. Services

  • The Services We provide encompass the generation of automated notifications and alerts through the use of Our proprietary technology, which leverages Your data as input. These alerts are designed to inform You of potential system issues and opportunities and include, but are not limited to, the following:
  1. Domain Event: the service ensures You are promptly notified of such occurrences, allowing You to take proactive measures when Your domain get blacklisted or blocked from access.
  2. Failed Payment Event: Recognizing failed payments represents potential lost revenue, the Service is designed to immediately notify You of any payment failures from Your customers, enabling timely resolution and follow-up.
  3. Game Removal Event: Receive instant notifications if any of Your games are removed from a platform. This service ensures You can quickly address and rectify such issues, maintaining a seamless gaming experience for Your users.
  4. No Deposit (in time frame) Notification;
  5. No Sign up (in time frame) Notification.
  6. Big Deposit Notification
  7. Big Win Notification
  8. Big Withdrawal Notification
  • The above Services are optional, and You may select individual Services or opt to select the full package of Services.
  • In the event that You require additional services other than those outlined in clause 3.1, You shall submit a written request to Us outlining the precise Service which you require. Upon Our confirmation in writing, a written addendum to this Agreement shall be entered into.

3.4 Any additional hours and/or work will be charged separately to You at a rate of eighty Euro (€80) per hour or priced according to project (as agreed separately in writing by both parties).

3.5 We reserve the right to bill meetings as part of the working hours.

4. Liability

  • In no event shall We be liable to You under or in connection with this Agreement or otherwise for any loss of business, profits, anticipated savings, data, or for any indirect or consequential loss whatsoever.
  • Excluding breaches relative to confidentiality, data protection and intellectual property, Our liability and any of our associates, affiliates, parent, or subsidiary corporations, to You, whether for negligence, breach of contract, misrepresentation or otherwise will in respect of a single occurrence or a series of occurrences will in no circumstances exceed the amount of €50,000 (fifty-thousand Euros).
  • You hereby declare that You will not hold Us liable for any loss of Your data.
  • We hereby make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the data provided, and therefore encourage You to verify any critical information.
  • You agree and understand that this Service is a data and notification service and it shall not be used as a tool for circumvention of any regulatory matters. You therefore releases Us from any liability in this regard and shall hold Us harmless in the event of claims brought against Us for the provision of the Services.

5. Fees

  • We shall invoice You every six months for all services rendered in line with the chosen Services as outlined in clause 3.1 section a-e, which invoices shall be drawn up in accordance with the fees specified in Schedule I at the foot of these Terms and Conditions.
  • You undertake to affect all payments due to Us within ten (10) business days from the issuance of any invoice, by means of bank wire transfer to Our designated bank account or any other alternative payment method designated by Us from time to time by an authorized representative or via the official invoices.
  • In the event of a payment not effected by the agreed payment date, We shall notify You in writing of the amount due. Should the amount remaining due following the period of seven (7) days following the notification, then You shall be in default which constitutes a material breach under these Terms and Conditions.
  • Should any payments remain due for more than a period of thirty (30) days, then We reserve the right to take the necessary legal action to recover the amounts including but not limiting to the filing of any judicial acts, including but not limited to warrants and court proceedings.
  • Upon making any payments to Us, You acknowledge and agree that all payments are non-refundable. Regardless of circumstances, once payment is made, it is considered final and cannot be refunded, in part or in full.

6. Intellectual property

  • All rights and interests in and to any software, hardware, proprietary techniques, and technology as well as the databases and any copies thereof, and all documentation, code, and logic, which describes and/or comprises the Services provided by Us shall remain the sole property of Us.
  • You agree to defend and indemnify Us and any of our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any claim brought by a third party, and any liability, damage, loss, and expense, including reasonable legal fees and costs, arising out of or connected with: (i) the violation of any portion of these Terms and Conditions, or any applicable law or regulation; (ii) the violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right.

7. Term and termination

  • Upon acceptance of these Terms and Conditions, the term shall commence and be effective and shall remain in force for an indefinite period of time (the “Term”) unless written notice of Account Closure is provided by You of not less than three (3) Following the lapse of the three (3) months notice period, Your Smart Alerts account shall be deemed closed.
  • We may terminate this Agreement immediately, if:
  • You have committed a substantial material breach of these Terms and Conditions, which breach is not capable of remedy or, if capable of remedy, You do not, within fifteen (15) days following written notice of the breach, remedy the breach and/or;
  • You are declared bankrupt, enter into composition or reconstruction proceedings or liquidation or otherwise can be assumed to be or become insolvent or else an event occurs that gives reason to assume that You are not, or within a short time will no longer be, capable of fulfilling your financial obligations under these Terms and Conditions. A reason to assume that You will no longer be capable of fulfilling Your financial obligations under these Terms and Conditions has – for example – occurred, if You have not settled Your due payments to Us for a longer period than fifteen (15) days and/or;
  • In the event that We determine that the terms of the Services are no longer commercially feasible for Us.
  • If You are in breach of any of your obligations under these Terms and Conditions and, in case such breach is capable of remedy, You have not remedied such breach within five (5) days after having received a respective notice from Us.

8. Warranties

  • Content, material, or actions that violate these Terms and Conditions are not permitted. By agreeing to these Terms and Conditions, You warrant to follow these rules:
  • Not to do anything illegal.
  • Not to engage in any activity that exploits, harms, or threatens to harm children.
  • Not to send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, National Insurance Numbers, passport numbers, credit card information, financial information, or other sensitive information or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
  • Not to publicly display or use the Services to share any inappropriate content or other material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
  • Not to engage in activity that is fraudulent, false, or misleading (e.g., asking for money under false pretences, impersonating someone else, manipulating the Services to increase play count or affect rankings, ratings, or comments).
  • Not to wilfully circumvent any restrictions on access to or availability of the Services.
  • Not to engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others).
  • Not to infringe upon the rights of others (e.g., unauthorised sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps or photographs).
  • Not to engage in activity that violates the privacy of others.
  • Not to help to others break these rules.

9. Updates to the services or terms and conditions

  • We’ll inform you if we intend to change these Terms and Conditions. We may change these Terms and Conditions if it is necessary due to;
  • applicable law, including, but not limited to, a change of such law.
  • an advice and/or order based on applicable law.
  • the evolution of the Services.
  • technical reasons.
  • operational requirements or
  • an advantageous change of terms for the user.
  • We’ll inform you of the intended change before it takes effect, either through the user interface, in an email message or through other reasonable means. We’ll provide you the opportunity to cancel the Services at least thirty (30) days before the change becomes effective. Using the Services after the changes become effective means you agree to the new changes. If you do not agree to the new terms, you must stop using the Services and close your Smart Alerts account.
  • We may automatically check your version of the software, which is necessary to provide the Services and download software updates or configuration changes, without charging you, to update, enhance and further develop the Services. You may also be required to update the software to continue using the Services. Such updates shall be subject to these Terms and Conditions unless additional or other terms accompany the updates, in which case, those other terms apply.
  • If you decline to accept the additional or other terms applicable to the updates, you may not receive or use the updates. Smart Alerts is under no obligation to make any updates available and does not guarantee that Smart Alerts will support the version of the system for which you purchased or licensed the software, apps, content, or other products. You may be provided with automatic or manual updates, which are not necessary to ensure the conformity of the Services for the reasons outlined in this section. By accepting these Terms and Conditions, you hereby agree to be provided with such updates.
  • We continuously work to improve the Services and may change the Services or delete features at any time, including, without limitation, if it is no longer feasible for us to provide it, the technology advances or if customer feedback indicates that a change is needed. We will notify you in advance if a change to the Services will cause you to lose access to your content. For paid Services, we’ll also notify you in advance of other material changes to the Services.

10. Confidentiality

  • You acknowledge that, in connection with the matters governed by these Terms and Conditions, You may receive or have received or obtain or have obtained access to Confidential Information of Us (“Confidential Information”). Confidential Information shall mean any and all information, documents, and data, whether in writing or orally, directly, or indirectly, disclosed by Us to You in connection with this Agreement. Confidential Information shall remain the exclusive property of Us, and You may neither disclose the Confidential Information to any third party, except in order to fulfil Your legal obligations as well as on a strictly need to know basis to sub- contractors performing services to a Party in connection with these Terms and Conditions, nor use the Confidential Information, except as required to perform Your obligations under these Terms and Conditions. Third parties, within the meaning of these Terms and Conditions, shall include any connected company, holding entity or contract partner unless the disclosure of Confidential information to such third parties is required to fulfil the obligations under these Terms and Conditions.
  • Except for the purpose of fulfilling legal obligations any disclosure of Confidential Information permitted hereunder shall be made pursuant to written confidentiality agreements restricting further use and disclosure.
  • You shall be responsible for any breach of confidentiality under these Terms and Conditions caused by Your personnel, consultants, sub-contractors, and board members, as if such persons or entities were themselves parties to these Terms and Conditions.
  • This confidentiality clause will survive for twenty-four (24) months after closure of your Smart Alerts account.
  • In addition to the confidentiality clauses stipulated in these Terms and Conditions, You bind yourself not to, at any point throughout the duration of Your Smart Alert account validity (and for an indefinite time thereafter) resell or act as a reseller of any of the data, software developed or know-how by Us that is used, whether directly or indirectly for the provision of the Services listed in these Terms and Conditions, whether they were provided by Us and/or any of Our affiliates, employees or agents for any reason whatsoever, provided that We have not authorized You to resell or act as a reseller in writing

11. Miscellaneous

  • You shall not actively recruit, divert, or solicit for employment any employee or other staff member of Us or any of Our affiliated parties. In the event that You are in breach of the provisions of this clause, You shall be liable to compensate Us in the amount of twice the value of the annual gross salary pertaining to the employee or staff member concerned, which compensation shall be due in full immediately upon said
  • In case of conflict between these Terms and Conditions and other agreements, oral or written, with respect to the matter contemplated hereunder, between the Parties, these Terms and Conditions shall supersede.
  • Any amendments to these Terms and Conditions shall be agreed upon in writing and signed by Us.
  • If any clause in these Terms and Conditions, or any part of a clause, is found by any court, regulatory or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the clause (or the part) in question is not of a fundamental nature to the Terms and Conditions as a whole, the legality, validity and enforceability of the remainder of the Terms and Conditions (including the remainder of the clause which contains the relevant provision) shall not be
  • Notwithstanding any other provisions specified herein, We shall be entitled to suspend performance of Our obligations under these Terms and Conditions in the occurrence of an event beyond Our reasonable control having affected, or is impeding performance or making performance unreasonably onerous, (”Force majeure”) including, but not limited to local and general industrial disputes, fire, war (whether declared or not), armed conflict, terrorist activity, extensive military mobilization, insurrection, requisition, seizure, embargo, governmental action, export and import restrictions, restrictions in the use of power and delays or defects in deliveries by subcontractors caused by such circumstances referred to in this clause. We will without undue delay after the occurrence notify You in writing If the suspension lasts for more than thirty (30) days You may request the closure of your Smart Alerts account without the requirement of providing the three (3) months notice period.
  • No failure or delay of Us to enforce any one or more provisions of these Terms and Conditions or require the timely performance of any of the terms or provisions hereof, shall be construed or act as a waiver of such term or provision of these Terms and Conditions. We may waive the compliance by You with any term or provision hereof only by an instrument in writing. The waiver of any term or provision of these Terms and Conditions shall not be construed or act as a waiver concerning any term or provision for the future or any subsequent breach.

Nothing in these Terms and Conditions shall be construed to restrict the Parties to engage with or provide Services to any third Party.

  • We may assign and/or transfer any of Our rights and obligations under these Terms and Conditions without Your prior written

12. Applicable law and dispute resolution

  • These Terms and Conditions shall be governed and interpreted in accordance with the laws of
  • Any and all disputes arising in accordance with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of Malta.

13. Final provisions

  • The headings, captions and titles in these Terms and Conditions are merely for reference only and so do not define, limit, extend, or describe the scope of these Terms and Conditions or any provision herein. Unless the context requires otherwise, the gender (or lack of gender) of all words used in these Terms and Conditions include the masculine, feminine and neuter, and the word including means including without limitation.
  • All notices required to be given by these Terms and Conditions by Us or You shall be properly given if sent by registered mail or by means of e-mail.
  • The heading to each clause is included for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
  • The invalidity or unenforceability of any provision of these Terms and Conditions, as determined by a body of competent jurisdiction, shall in no way affect the validity or enforceability of any other provisions hereof.