These Terms of Service (“Terms”) govern your access to and use of the lottery software and related services (“Software” or “Services”) provided by Fortunate Partners Ltd. (“Company”, “we”, “us”, or “our”). By accessing or using our Software, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Software.
1. Acceptance of Terms
By using our Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. Your continued use of the Software constitutes your acceptance of any changes or updates to these Terms.
2. Eligibility
You represent and warrant that you are legally permitted to use our Software and are at least 18 years old (or the applicable age of majority in your jurisdiction). You agree to comply with all applicable laws, rules, and regulations in the United Kingdom, European Union, and any other jurisdiction in which you access or use our Software.
3. License Grant
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use our Software solely for your internal business purposes in connection with lottery operations and related services. This license does not permit you to modify, distribute, or create derivative works based on the Software unless expressly authorized in writing by us.
4. Use of the Software
- Authorized Use: You agree to use the Software only for lawful purposes and in accordance with all applicable lottery and gambling regulations in the UK, EU, and other relevant jurisdictions.
- Restrictions: You shall not:
- Reverse engineer, decompile, or disassemble the Software;
- Use the Software in any manner that could disable, overburden, or impair the functionality or security of the Software;
- Use the Software to facilitate any illegal or fraudulent activities.
5. User Obligations and Responsibilities
- Compliance: You are solely responsible for ensuring that your use of the Software complies with all applicable laws and regulatory requirements, including those related to lottery operations.
- Account Security: If your access requires a user account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
6. Payment Terms
Where applicable, use of our Software may be subject to fees. All payments must be made in accordance with the terms provided at the point of sale. We reserve the right to modify our fees and payment policies at any time with appropriate notice.
7. Intellectual Property
All intellectual property rights, including copyrights, trademarks, and trade secrets, in the Software and any related documentation are owned by us or our licensors. You agree not to copy, modify, distribute, sell, or lease any part of our Software or its content without our express written consent.
8. Disclaimers
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SOFTWARE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; OR (C) ANY OTHER MATTER RELATING TO THE SOFTWARE. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SOFTWARE.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Software, your breach of these Terms, or your violation of any law or the rights of a third party.
11. Termination
We reserve the right to suspend or terminate your access to the Software at any time, with or without cause or notice. Upon termination, your right to use the Software will immediately cease, and you must promptly delete or destroy all copies of any related materials in your possession.
12. Modifications to the Terms
We may revise these Terms from time to time. Any changes will be posted on our website or communicated directly to you. Your continued use of the Software after the posting or notification of any changes constitutes your acceptance of such changes.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws applicable in the United Kingdom and, as applicable, within the European Union. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the applicable jurisdiction.
14. Privacy and Data Protection
Your use of the Software is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. Please review the Privacy Policy to understand our practices.
15. Feedback
Any suggestions, comments, or other feedback you provide regarding our Software is entirely voluntary and may be used by us without any obligation to you.
16. Entire Agreement
These Terms, along with any policies or guidelines referenced herein, constitute the entire agreement between you and the Company with respect to the subject matter herein and supersede all prior or contemporaneous understandings or agreements, whether written or oral.
By using our Software, you acknowledge that you have read these Terms, understand them, and agree to be bound by all of the provisions herein.