These terms govern access to and use of the Gaming Eminence intelligence platform at app.gamingeminence.com (the "Platform"), provided by [LEGAL ENTITY NAME], registered in England and Wales, company number [COMPANY NUMBER], registered office [REGISTERED OFFICE ADDRESS] ("Gaming Eminence", "we", "us").
The Platform is a business-to-business service. By signing in to or using the Platform, you agree to these terms on behalf of the organisation you represent (the "Customer") and confirm you are authorised to do so. If you are not authorised, do not sign in to or use the Platform.
1. Definitions
- Authorised User: an individual employed or engaged by the Customer whom we have approved to access the Platform.
- Order Form: any written agreement between us and the Customer setting out fees, users, term or other commercial details.
- Pilot Period: the period during which we provide the Platform free of charge, or on special pilot terms, while it is in development.
- Platform Data: all data, records, relationships, evidence references, classifications, scores and other content made available through the Platform.
- Output: any search result, list, profile, export or other material generated from the Platform.
2. Access and accounts
2.1 Access is by application and approval. We may approve, decline, limit or withdraw access at our discretion.
2.2 Each Authorised User must have their own login. Logins must not be shared. The Customer is responsible for everything done under its Authorised Users' accounts and must tell us promptly at [CONTACT EMAIL] if it suspects unauthorised access.
2.3 The Customer must make sure its Authorised Users comply with these terms. We may suspend any Authorised User who does not.
2.4 The Platform is for business use only. It is not offered to consumers and must not be used by anyone under 18.
3. Pilot Period
3.1 During the Pilot Period the Platform is provided free of charge unless an Order Form says otherwise.
3.2 The Platform is in active development. Features, coverage and data may change, be added or be withdrawn without notice. We do not commit to any service level during the Pilot Period.
3.3 Either party may end pilot access at any time by email.
3.4 Paid access after the Pilot Period will be offered under an Order Form. If there is a conflict between an Order Form and these terms, the Order Form prevails.
4. Licence
4.1 We grant the Customer a non-exclusive, non-transferable, revocable licence for its Authorised Users to access the Platform and use Platform Data and Output for the Customer's internal business purposes, including identifying, researching, qualifying and prioritising organisations in the gambling industry.
4.2 The Customer may share insubstantial extracts of Output internally, and with its professional advisers, provided Gaming Eminence is credited as the source where practical.
4.3 All rights not expressly granted are reserved.
5. Restrictions
The Customer must not, and must make sure its Authorised Users do not:
- scrape, crawl, bulk download or systematically extract Platform Data, or access the Platform by any automated means, except through export features we provide and within any limits we set;
- sell, resell, sublicense, publish, lend or otherwise make Platform Data or Output available to any third party, except as allowed in clause 4.2;
- use Platform Data or Output to build, enrich or train any competing product or database, or to train, fine-tune or evaluate any artificial intelligence or machine learning model;
- copy, modify, reverse engineer or attempt to obtain the source code of the Platform;
- bypass, probe or interfere with any security, access control or usage limit;
- use the Platform in breach of any law, including data protection, electronic marketing, competition, anti-bribery and gambling advertising laws;
- present any Platform Data as confirmed commercial information, regulatory status or a statement by Gaming Eminence when the Platform marks it as unverified, unclassified or pending verification; or
- remove or obscure any source, evidence tier, date or ownership notice.
6. Nature of Platform Data
6.1 Platform Data is structured intelligence compiled from regulator registers, company filings, official announcements, company websites, industry reporting and our own research. Each record carries an evidence tier and source where available.
6.2 Platform Data shows evidence of relationships, licences and roles. It does not indicate purchasing intent, budget, or a confirmed commercial opportunity.
6.3 Where the Platform shows information as unknown, not recorded, not classified or pending verification, that means the information is not established. It does not mean a relationship, licence or status is absent.
6.4 Regulatory information can change after we record it. Before relying on the licence status of any organisation, check the regulator's official register.
6.5 Platform Data is not legal, regulatory, financial, investment or compliance advice. The Customer is responsible for its own decisions and for verifying information before relying on it.
6.6 We may correct, update or remove any Platform Data at any time.
7. Personal data obtained from the Platform
7.1 Some Platform Data identifies individuals in their professional capacity. When the Customer takes personal data from the Platform and uses it for its own purposes, the Customer acts as an independent controller of that data.
7.2 The Customer must comply with the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and any other applicable law when using that personal data. This includes having a lawful basis, giving individuals any privacy information the law requires, and honouring objections and opt-outs.
7.3 If we notify the Customer that an individual has objected to processing or asked for their data to be removed, the Customer must stop using that individual's personal data obtained from the Platform within 30 days, except where it has its own independent lawful basis.
7.4 Our handling of Authorised Users' personal data is described in our Privacy Policy.
8. Confidentiality
8.1 Each party will keep the other's confidential information confidential and use it only for the purposes of these terms. Confidential information includes non-public features, methodology, pricing and roadmap of the Platform, and any non-public information the Customer shares with us.
8.2 This does not apply to information that is or becomes public through no breach, was already lawfully known, is independently developed, or must be disclosed by law (in which case the disclosing party will give notice where lawful).
9. Feedback
If the Customer or its Authorised Users give us suggestions or feedback, we may use them freely and without payment. We will not identify the Customer as the source of feedback publicly without its consent.
10. Intellectual property
10.1 We, or our licensors, own all intellectual property rights in the Platform, Platform Data and Output, including copyright and database rights in the compilation, structure and selection of the data, our evidence model, classifications and scoring methodology.
10.2 The Customer keeps all rights in information it provides to us.
11. Fees
11.1 Fees, if any, are as set out in an Order Form. Unless the Order Form says otherwise, we invoice annually in advance and invoices are payable within 30 days.
11.2 Fees exclude VAT, which the Customer pays in addition where applicable.
11.3 We may charge interest on late payments under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend access while an invoice is more than 30 days overdue after giving 7 days' notice.
12. Availability and changes
We will use reasonable efforts to keep the Platform available, but access may be interrupted for maintenance, updates or reasons outside our control. We may change the Platform's features and design at any time. If a change materially reduces the core functionality available to a paying Customer during a paid term, the Customer may end its Order Form and receive a pro rata refund of prepaid fees for the unused period.
13. Suspension and termination
13.1 We may suspend or end access immediately if the Customer or any Authorised User breaches clause 5 or clause 7, or if we reasonably believe access poses a security or legal risk.
13.2 Either party may end a paid Order Form by written notice if the other materially breaches these terms and does not remedy the breach within 30 days of notice.
13.3 When access ends, the Customer must stop using the Platform and delete any Output it has downloaded, except insubstantial extracts already incorporated into its internal documents and copies it must keep by law.
13.4 Clauses 5 to 8, 10, 13.3, 14, 15 and 17 survive termination.
14. Warranties
The Platform and Platform Data are provided "as is" and "as available". To the extent the law allows, we exclude all warranties, conditions and terms implied by statute or common law, including as to accuracy, completeness, satisfactory quality and fitness for a particular purpose.
15. Liability
15.1 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
15.2 Subject to clause 15.1, neither party is liable for any loss of profits, revenue, business, contracts, goodwill or anticipated savings, or for any indirect or consequential loss.
15.3 Subject to clause 15.1, our total liability arising from or in connection with these terms and the Platform, whether in contract, tort (including negligence) or otherwise, is limited to: (a) £100 during the Pilot Period; and (b) during a paid term, the fees paid by the Customer in the 12 months before the event giving rise to the claim.
15.4 The limits in clauses 15.2 and 15.3 do not apply to the Customer's liability for breach of clauses 5, 7 or 10, or for unpaid fees.
16. Indemnity
The Customer will indemnify us against claims, losses, fines and reasonable costs arising from its or its Authorised Users' use of personal data obtained from the Platform in breach of clause 7, or from any breach of clause 5.
17. General
17.1 Changes to these terms. We may update these terms. We will give at least 30 days' notice of material changes by email or in the Platform. Changes do not apply to a current paid term unless the Customer agrees. Continued use of the Platform after a change takes effect means the Customer accepts the updated terms.
17.2 Assignment. The Customer may not assign or transfer its rights without our written consent. We may assign or transfer our rights and obligations to a company in our group, or to a buyer of all or part of our business, on notice to the Customer.
17.3 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
17.4 Notices. Notices must be in writing and sent by email: to us at [CONTACT EMAIL]; to the Customer at the email address of its Authorised User, or another address the Customer gives us.
17.5 Entire agreement. These terms and any Order Form are the entire agreement between the parties about the Platform and replace any earlier arrangements. Each party confirms it has not relied on any statement not set out in them.
17.6 Third parties. No one other than the parties has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
17.7 Severance and waiver. If any provision is found invalid, the rest remains in force. A delay in enforcing a right is not a waiver of it.
17.8 Law and jurisdiction. These terms and any dispute or claim arising from them, including non-contractual disputes, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.