License Agreement


This License Agreement is entered into by and between the Licensor, as of one part, and any individual who has accepted this Agreement, as of the other part, hereinafter referred to as the “Licensee”, hereinafter collectively referred to as the “Parties” and severally as a “Party”.

As per Article 435 of the Civil Code of the Russian Federation (RCC), this Agreement is recognized as a Public Offer.

Subject to the provisions of Article 438 of the Civil Code of the Russian Federation, the registration of the Licensee on the Website shall be recognized as unconditional acceptance of this Agreement.

This Agreement requires no bilateral signature and shall be valid in electronic form.


  1. TERMS AND DEFINITIONS USED IN THE AGREEMENT
  2. Unless otherwise expressly required by the text of the Agreement, the following words and expressions will have the meanings defined below:
    1. Website means a set of web pages combined by a common subject matter, graphic design, navigation, and links and located in the Internet at http://positivebet.com/ru, with the rights to use the same granted to the Licensee. The Licensee shall use the Service through the Website.

      All exclusive rights to the Website and its individual elements (including software and design) belong to the Licensor in full. No transfer of exclusive rights to the Licensee shall constitute the subject matter of this Agreement.

    2. Service means the Licensor’s software intended to provide the Licensee with arbitrage information for sports events. The Services includes the Website.
    3. Arbitrage (Surebet) means the Licensee being able to bet on all possible results of a competition and derive a profit irrespective of the competition outcome.
    4. Licensee means any individual who has reached 18 years of age and passed the Registration procedure on the Website. No individual under the age of 18 years may be a Licensee.
    5. Registration means the Licensee filling out the Registration Form located on the Website by stating the required details and choosing a login and a password.
    6. Registration Form means the form located on the Website which the Licensee is to fill out to pass the Registration on the Website.
    7. Licensee’s Credentials means the Licensee’s unique name (E-Mail Address) and password to enter the Website stated by the Licensee when filling out the Registration Form.
    8. Licensee’s Personal Area (Personal Area) means a set of protected Website pages created upon the Registration of the Licensee which is used by the Parties for interaction. The Licensee shall gain access to the Personal Area by entering the Licensee’s Credentials.
    9. Licensee’s Account means the Licensee’s Website account.
    10. Subscription means the Licensee’s rates fixing the cost and methods of using the Service for a specified period of time.
    11. Agreement means this User Agreement, including any and all Appendices and rules stated herein or directly named as Appendices hereto.
    12. Laws means the applicable laws of the Russian Federation.
    13. Website Currency means the U.S. dollars.

  3. SUBJECT MATTER OF THE AGREEMENT. AMENDMENTS TO THE AGREEMENT
    1. In accordance with the terms and conditions hereof, the Licensor shall grant the right to use the Service to the Licensee and the Licensee shall pay a fee for the right granted.
      The method of using the Service shall be consistent with its functional purpose.
      The period of using the Service shall be the period stated when taking out a Subscription.
      The territory of the rights shall be the entire world. No sublicensing shall be allowed.
    2. The Service is not a financial instrument, does not provide management services for the funds raised from any third parties, and is not a betting office or a game of chance.
    3. The Licensor may unilaterally amend this Agreement and all Appendices hereto (in full or in part) at any time, without obtaining the Licensee’s prior approval. Any and all amendments shall take effect on the date following their posting on the Website.
    4. The Licensee undertakes to independently monitor any amendments made to this Agreement and the appendices hereto by reviewing its updated version from time to time, no less frequently than once a month. The Licensee shall solely bear the risk of failure to read the Agreement (the appendices to the Agreement).
    5. The compulsory condition of granting the right to use the Service hereunder shall be unconditional acceptance and observance by the Licensee of this Agreement and the appendices hereto. To the extent that the Licensee disagrees with any provision of the Agreement and/or any Appendix hereto, the Licensee shall immediately discontinue using the Website.
    6. This Agreement consists of:
      1. The “Public Offer” which is constantly posted and publicly available on the Website at http://positivebet.com/ru/agreement/index.
      2. The “Rates” which are constantly posted and publicly available on the Website at http://positivebet.com/ru/subscription/index.
      3. The “Confidentiality Policy” which is constantly posted and publicly available on the Website at http://positivebet.com/ru/privacy/index.

  4. GENERAL RIGHTS AND DUTIES OF THE PARTIES
    1. The Licensor shall grant to the Licensee the right to use the Service in accordance with the terms and conditions of the Agreement.
    2. The Licensor undertakes not to disclose the Licensee’s Credentials to any third parties. The procedure for processing the Licensee’s personal data and for the storage of the Licensee’s information shall be determined by the Confidentiality Policy.
    3. The Service shall only be provided to the Licensee for his/her personal use, irrespective of the terms and conditions of the Subscription acquired. The Licensee undertakes not to disseminate any information received from the Service without the Licensor’s consent and not to enter into any sublicensing agreements in respect of the Service.
    4. The Licensee undertakes not to use any automatic means (robots) for reading any information provided by the Service.
    5. To the extent that the Licensee violates any of the terms and conditions hereof, the Licensor may, at its option:
      1. discontinue the granting of the right to use the Service;
      2. suspend the granting of the right to use the Service;
      3. delete the Licensee’s Account from the Website; or
      4. block the Licensee’s Account on the Website as well as deny access to the Personal Area without any funds returned.
    6. The Licensee is prohibited from transferring his/her Credentials to any third parties.
    7. The Licensee is prohibited from setting up more than one Account without obtaining the Licensor’s prior approval.
    8. The Licensee undertakes to keep the Credentials secret from any third parties. Any and all actions performed by using the Credentials shall be recognized to be actions performed by the Licensee and shall create appropriate rights and duties for the Licensee. The Licensor reserves the right to block the Licensee’s Service Account if the Licensee fails to comply with this Agreement.
    9. To the extent that the Licensee becomes aware of any confidentiality violation in respect of the Credentials, s/he shall immediately change his/her Credentials.
    10. The Licensor may send messages to the Licensee. The Licensee may elect not to receive messages by clicking the link stated in the letter text.
    11. Any and all information materials posted on the Website are owned by the Licensor. Any reprinting (dissemination) of the said materials without the Licensor’s prior permission is prohibited.

  5. REGISTRATION
    1. To carry out the Registration, the Licensee shall fill out the Registration Form by completing the following fields:
      1. User name — a text field;
      2. Password — a text field;
      3. Repeat password — a text field;
      4. E-mail — a text field;
      5. Check code – a text field;
      6. Check box “I accept the User Agreement terms and conditions”
    2. It is mandatory for the Licensee to complete the fields stated in Clause 4.1.
    3. If the mandatory fields have not been filled out, a message shall be sent to the Licensee next to the field which has not been filled out, “This field must be filled out!”. If the Login entered has already been registered on the Website, the following message shall be sent to the Licensee next to the relevant field of the Registration form, “This login has been taken”.
    4. At the time of the Registration, the Licensee shall read and agree to this Agreement.
    5. The Licensee guarantees that the data entered at the time of the Registration is relevant to the Licensee and is up-to-date and veracious. If any of the Licensee’s data is changed, the Licensee undertakes to make appropriate changes through his/her Personal Area. Otherwise, the Licensor shall bear no liability for any possible negative consequences.
    6. The Licensor shall not verify that any of the data provided by the Licensee is veracious (up-to-date).

  6. PROCEDURE THE GRANTING THE RIGHT TO USE THE SERVICE
    1. The Licensor shall grant the right to use the Service under the Subscription, subject to the period selected by the Licensee. The full information on the periods is contained on the Website at http://positivebet.com/ru/subscription/index.
    2. On the Website, the Subscription term is calculated in calendar days.
    3. The Subscription shall be activated from the time when the receipt by the Licensor of the Licensee’s payment is confirmed.
    4. The right to use the Service shall be deemed to have been granted at the time when the Licensor grants access to the website functionality for the subscription period.
    5. The Subscription may be suspended by the Licensee for the number of times contemplated by the rate.
    6. The minimum suspension period shall be any period, the maximum suspension period shall be 3 months (upon the the expiry of 3 months, the subscription shall be automatically resumed or any available suspension shall be used).

  7. PAYMENT. REFUND PROCEDURE
    1. The fee for the granting of the right to use the Service subject to the Subscription shall be paid by using the methods accessible on the Website at http://positivebet.com/ru/subscription/index.
    2. The fee for the granting of the right to use the Service subject to the Subscription shall be paid at the effective rate at the time when the right to use the Service is granted. The cost of the right to use the Service is stated in the U.S. dollars. The writing-off shall be made in rubles, except for those payment systems which do not accept rubles. At the same time, payment shall be made at the official rate of the Central Bank as of the date of payment.
    3. The Licensor shall not be responsible for the funds crediting periods in the accounts of the Licensee’s payment systems.
    4. The Licensor shall bear no liability for any failure of the payment systems (lending institutions) to fulfill their obligations to the Licensee.
    5. If the Licensee stops using the Service prior to the Subscription term expiration date, the Licensor shall return the monetary funds to the Licensee for the actual unused period. No refund shall be made in respect of a 1-day subscription. The refund shall be made net of the cost of the time used. The cost of the time used shall be calculated on the basis of the rates for any shorter periods. When remitting a refund, a fee may be charged by the payment system selected by the user to make the refund.
      Example: a subscription was purchased for 1 month, with 1 week used.
      Subscription cost for 1 month: 4,500 rubles.
      Subscription cost for 1 week: 1,400 rubles.
      Amount to be refunded: 3,100 rubles.
    6. The Licensee shall report his/her cancellation of the Subscription in a letter sent to support@positivebet.com. The Subscription shall terminate from the time of it having been processed by the Licensor. The application processing term shall be 10 business days.
    7. The refund shall be made within 10 business days following processing by the Licensor to the wallet from which payment was made.

  8. PERSONAL DATA
    1. The Licensee shall give his/her consent to the processing by the Licensor of the Licensee’s personal data stated at the time of the Registration, including his/her name, e-mail address.
      1. This consent shall be effective for an indefinite term, with the storage period for the Licensee’s personal data being unlimited.
      2. When processing the Licensee’s personal data, the Licensor shall rely upon Federal Law of the Russian Federation No. 152-FZ dated July 29, 2006, “On Personal Data”.
    2. The Licensee may withdraw his/her consent by drawing up an appropriate document in writing which the Licensee may send to the Licensor’s address by registered mail with delivery notification or deliver by hand to the Licensor’s representative against written acknowledgment. If it receives a written statement concerning the withdrawal of this consent to the processing of personal data, the Licensor shall stop processing the same.
    3. Any of the Licensee’s data posted in the Service may become accessible to any third parties as a result of a failure, technical malfunction, or actions by any third parties, including (without limitation) a virus or hacker attack. The Licensee is aware of that and undertakes not to claim any resultant losses (damages) from the Licensor.
    4. The Licensee shall give consent to:
      1. storage of personal data on the Licensor’s server (including outside the territory of the Russian Federation);
      2. sending the Licensee information on the services and news of the Licensor and/or any of the Licensor’s partners;
      3. cross-border transfer of personal data.
    5. The Licensee may change at any time the data stated at the time of the Registration by using his/her Personal Area.
    6. The Licensor shall only process the Licensee’s data required for the performance of this Agreement.
    7. The Licensor undertakes to use its best endeavors to ensure the confidentiality of the data posted by the Licensee through the Service for the entire period of the same staying on the Licensor’s server.

  9. LIABILITY OF THE PARTIES
    1. The Licensee shall use the Website and the Service at his/her sole risk.
    2. The Licensee undertakes to verify in person that any information provided through the Service is reliable immediately prior to any possible use of that information.
    3. The Licensee shall assume all risks, possible losses, and/or profit pertaining to the use of any information provided through the Service.
    4. The Licensee is aware of, agrees to, and is fully and solely responsible for the assessment of all risks related to the use of the content, including the assessment of the reliability, completeness, and usefulness of that content.
    5. The Licensor shall not check any third parties from whose open sources the Service aggregates information and their content as such for compliance with particular requirements (reliability, completeness, legality, etc.).
    6. The Licensor shall bear no liability for any information, materials posted on the websites of any third parties to which the Licensee gains access by using the Website, for availability of such websites or content, and for any consequences of their use by the Licensee, including for any losses incurred or failure to earn the desirable income.
    7. The Website and the Service are provided “as is”, without any guarantees furnished or any property obligations arising toward the Licensee.
    8. The Licensor undertakes to maintain the Service in good working order.
    9. If the operation of the Service is not possible for some period of time, the Licensor undertakes to extend the Licensee’s Subscription by that period of time.
    10. The Licensor does not guarantee (and shall bear no liability) that the Website:
      1. meets / will meet the requirements (purposes) of the Licensee;
      2. will be provided continuously, quickly, reliably, and without errors.
    11. The Licensor shall reject any claims related to the recovery of possible losses which were directly or indirectly caused by using the Service.
    12. The Licensee shall assume the risk of any unfavorable consequences which may arise due to any unreliable information provided by him/her at the time of the Registration and in any other cases contemplated herein or in any supplementary agreement between the Parties.
    13. The Licensee shall compensate the Licensor and any third parties for any losses and lost profit incurred in connection with his/her actions, including, without limitation, any breach of this Agreement, copyright, exclusive, or other rights.
    14. The Licensor shall not be responsible for any third parties guessing the access password to the Licensee’s Personal Area and for any actions performed by them by using the Licensee’s Personal Area.

  10. FORCE MAJEURE CIRCUMSTANCES
    1. The Parties shall be relieved from liability for non-performance or improper performance of their obligations hereunder for the effective period of any force-majeure circumstances. Force-majeure circumstances shall be understood to mean any extraordinary and insurmountable circumstances under the given conditions which prevent the Parties from fulfilling their obligations hereunder. Such circumstances shall include natural calamities (earthquakes, floods, etc.), social unrest (military operations, state of emergency, high-profile industrial action, epidemics, etc.), prohibitive measures taken by any state authorities (embargo on traffic, currency restrictions, international trade-prohibiting sanctions, etc.). During that time, the Parties shall have no mutual claims, and each Party shall assume its own risk of consequences caused by such force majeure circumstances.

  11. MISCELLANEOUS
    1. The Licensor reserves the right to amend this Agreement.
    2. The use of the Service following the terms and conditions of the Agreement having been amended shall be deemed to constitute acceptance of such amendments.
    3. Any and all possible disputes arising under this Agreement shall be settled in accordance with the applicable laws at the Licensor’s place of registration. Prior to applying to court, the Licensee shall comply with the mandatory out-of-court procedure and send the relevant claim to the Licensor in writing. The term for providing a response to a claim shall be fourteen (14) business days.
    4. This Agreement shall be governed by and construed in accordance with the applicable laws. Any and all possible disputes arising from the relations regulated by this Agreement shall be settled in accordance with the procedure prescribed by the applicable laws of the Russian Federation, on the basis of the Russian rules of law.
    5. If one or more provisions of this Agreement is or are held to be invalid or having no legal force for a particular reason, this shall have no effect on the validity or applicability of the remaining provisions of the Agreement.
    6. No omission on the part of the Licensor in case of the Licensee or any other Licensees breaching the provisions of the Agreement shall deprive the Licensor of the right to take appropriate actions to protect its interests at a later time, nor does it signify the Licensor’s waiver of its rights in case of any identical or similar violations committed subsequently.

  12. LICENSOR’S CONTACT DETAILS
    1. E-mail: support@positivebet.com.
    2. Phone: +7 (968) 852-91-13 (08:00-15:00 GMT).