Warunki handlowe analityków

(hereinafter also the “Terms and Conditions”)

with the company
SPORT BREAK s.r.o.
Company ID: 087 98 486
VAT ID: CZ08798486
Registered office: Korunní 2569/108g, Vinohrady, 101 00 Prague 10
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 325562
Contact persons: Dominik Rouš, Martin Machač
Email: machac@sportbreak.cz
Contact phone: +420 703 978 131
Represented by: Martin Machač, Managing Director
and Dominik Rouš, Managing Director

Article 1. Definition of Terms

Terms in these Terms and Conditions capitalized shall have the following meaning:

• Terms and Conditions means these business terms, which are always part of the Agreement and available at www.sportbreak.cz.

• Company means SPORT BREAK s.r.o., Company ID: 08798486, VAT ID: CZ08798486, with its registered office at Korunní 2569/108G, Vinohrady (Prague 10), 101 00 Prague, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 325562.

• Member means a person who has paid the membership fee on the SportBreak platform. The Member has full access to all features of the platform and may use all purchased services.

• Membership means the legal relationship between the Company and the Client, established by entering into an Agreement. Rights and obligations arising from this legal relationship are stated in Article II of these Terms and Conditions.

• Complaints Procedure means a set of rules by which the Company addresses complaints of Members regarding the services provided.

• Platform refers to the Company's website: www.sportbreak.cz, operating the SportBreak platform.

• User means either an Interested Person or a Member. Regardless of whether they paid for SportBeet Software, as long as they created a User Account.

• GDPR refers to the General Data Protection Regulation.

• Service means analyses or tips provided by a third party on the Platform.

• Analyst means an entrepreneur engaged in the analysis of sports matches or similar events, holding the necessary trade license to perform activities under these Terms and Conditions via the Company’s Platform.

• Tip means a prediction for the outcome or another event within a sports match. Alternatively, it may be an analysis or recommendation.

• Activity means the output of the Analyst’s work. This involves publishing Tips, Analyses, and Recommendations, and advisory activities in the area of sports betting or similar events.

• Application refers to the Company’s mobile application through which the user can receive Services.

• Period is the time paid for by the Member for a given service.

• Fee is the price of the Service listed on the website or the Analyst’s profile on the Platform.

• Commission is the Analyst’s reward for services purchased by Members.

• Unit – (left undefined in original, assumed to refer to betting stake units)

• Policy refers to the Privacy Policy.

Article 2. Company Website and Activities of Both Parties

1. Sport Break is a Company whose business activity includes Production, Trade, and Services not listed in Annexes 1 to 3 of the Trade Licensing Act.

2. The Company has established and operates a Platform available at www.sportbreak.cz, where it enables the publication of Tips on the results of sports matches or other similar events, or advisory activities related to the results of such matches or events. These Tips are provided by individuals or companies for publication. Sport Break mediates the publication of these Tips and the services associated with these activities (especially accepting payments from individual Members into the Company’s account and further handling of these funds in accordance with these Terms and Conditions).

3. For this Activity, Analysts are entitled to a reward under the terms set forth in these Terms and Conditions, and the Company is entitled to compensation for mediating this Activity. The amount of the Commission is governed by the calculation set forth in these Terms and Conditions. The amount of the Mediation Fee is calculated using the following formula:
   X = Y - Z, where:

   • X = the amount of the Mediation Fee for each individual Tipster (including VAT),

   • Y = the total profit of each package into which the Tipster is registered via the website www.sportbreak.cz and within which they perform their Activity,

   • Z = the amount of the Commission due to the specific Tipster according to the calculation outlined in these Terms and Conditions.

Article II. Analyst's Activity

1. By commencing their Activity, the Analyst declares they are over 18 years of age.

2. By commencing their Activity, the Analyst declares that they are an entrepreneur under the law, meaning they carry out profit-making activity independently on their own responsibility, with the intention of doing so consistently for profit. The Analyst is obliged to fulfill all legal duties associated with their Activity as an entrepreneur.

3. The Analyst is obliged to notify Sport Break without undue delay if they cease to be an entrepreneur. Failure to fulfill this obligation makes the Analyst liable for any damages caused to Sport Break.

4. By submitting their information to Sport Break, the Analyst declares that all the personal data provided is complete and truthful.

5. As a natural person, the Analyst performs their Activity personally and at their own responsibility, based on their own analyses and with professional diligence.

6. The Analyst carries out their Activity by entering Tips into the Platform’s admin system, upon which the Tip will be published to Members on the Platform.

7. The Analyst is required to provide at least 5 Tips per calendar month related to the results of sports matches or similar events. However, the Analyst is not required to provide 5 Tips per month in periods when such events are not held (i.e., during off-seasons), provided that the Analyst marks this break in the system using the designated button. For any calendar month during which (even partially) there is a break in sports, the Analyst is not entitled to any commission or other compensation.

8. The Analyst is only allowed to publish a Tip that is, at the moment of submission to the Platform, available with a betting agency. The Analyst must specify the odds as offered by the betting agency at the time of submitting the Tip. In case of suspicion of artificial odds inflation, fraud, or discrepancies, the Company is entitled to request proof of the possibility to place the bet. Adequate proof includes, for example, a placed betting slip or a screenshot taken at the time of the Tip submission.

9. The Analyst may, but is not obligated to, add a Fair Odds value to the Tip.

10. The Analyst may attach an analysis to the Tip via the administration panel.

11. The Analyst is obliged to provide a source link where the Company can verify the result of the event – e.g., official event websites, Flashscore, Livesport, etc.

12. Each Tip must be published at least 5 minutes before the start of the selected event.

13. Each Tip must clearly state what exactly the Analyst recommends to bet on. It is desirable to specify the sport, league, and the specific event. In case of any ambiguity, the Tip will be considered lost.

14. In case of incorrect submission of a Tip, the Analyst must immediately correct the mistake via notification. Any unclear Tip is considered lost.

15. Each Tip must include a recommended stake, expressed in Units. For bets related to a single match/event, the Analyst may assign a maximum of 20 Units. This restriction does not apply to one-off events and races.

16. A Tip may only be added to the platform once. If the same Tip is submitted multiple times, it is considered artificial stake inflation, and all such Tips may be marked as lost.

17. Notifications are intended primarily to inform customers about the Analyst’s Tips, possible errors in posted Tips, or plans/timing for future Tips. Notifications must not be used to promote personal services on other platforms or bypass the Company in any way.

18. It is strictly forbidden for the Analyst to send links, phone numbers, emails, names, or any other means of contacting outside the Platform. Violation of this rule entitles the Company to:

• impose a contractual penalty of CZK 500,000,

• demand compensation for lost profits,

• and withhold the commission.

19. If the Analyst is inactive for more than 7 days, they are obliged to inform the Company via email or notify their Members.

20. The Analyst is not permitted to republish their Tips (or those of other Analysts, whether published or not) from the Platform to any other website or through any form of communication (including social networks, phone, or in person). Violation of this obligation is a reason for immediate termination of cooperation and forfeiture of any unpaid commission.

21. If the Analyst radically changes their strategy without prior consultation with the Company and puts Members at risk, the Company has the right to terminate cooperation without cause and without paying out any commission.

22. The minimum amount for commission payout is CZK 6,000.

23. For Analysts who have fewer than 250 Tips and finish a calendar month with a negative yield, the Company reserves the right not to pay the commission.

24. In the case of a serious breach of these Terms and Conditions, the Company reserves the right to withhold the commission and demand compensation for damages.

Article III. Commission

1. Sport Break undertakes to pay the Analysts a Commission for their Activity.

2. If the Analyst performs their Activity in accordance with these Terms, they are entitled to a base Commission of 60% of the profit of each Service they created, to which they are registered via the Platform and within which they operate. If more Analysts contribute to a specific package, the base Commission mentioned above is divided equally among all contributing Analysts.

3. The Yield of a specific Tipster for commission calculation purposes is determined as follows:
   A = (B + C) / C
   Yield = (A × 100) – 100,
   where:

   • B = monthly profit or loss

   • C = total stakes placed on Tips

   • the resulting Yield is expressed as a percentage based on the above formula.

4. An example of a positive yield per Article III, paragraph 3 of these Terms:
   (20,000 + 40,000) / 40,000 = 1.5
   1.5 × 100 = 150
   150 – 100 = +50% yield

5. An example of a negative yield per Article III, paragraph 3 of these Terms:
   (-10,000 + 40,000) / 40,000 = 0.75
   0.75 × 100 = 75
   75 – 100 = -25% yield

6. If the Analyst reaches a negative yield of -1% as of the last day of a calendar month, Sport Break is entitled to proportionally reduce the Commission by 1% (from the base Commission total), with the term "yield" defined and exemplified in these Terms.

7. If the Analyst does not carry out the Activity to the extent specified in these Terms, they are not entitled to any Commission for the respective calendar month.

8. In case of a breach of legal obligations or obligations under these Terms or any other mutually agreed commitments, the Analyst is not entitled to any Commission for the calendar month in which the violation occurred.

9. All payments from Members for a given Service are made via the Company's system, using the Company’s account. The Company undertakes to receive these payments, safeguard the funds, and pay out a portion as Commission according to these Terms. Payments are considered made on the day the amount is credited to the Company’s account.

10. The Company undertakes to pay the Analyst the applicable Commission (based on the total profit from each package to which the Analyst contributed, the number of Analysts in the package, yield achieved, etc.) no later than the 19th day of the calendar month following the month for which the Commission is due, via bank transfer to the bank account provided by the Analyst. At the same time, the Company will issue and send an invoice for the Mediation Fee to the Analyst’s email address. This Fee may be deducted from the Analyst’s remaining unpaid profits.

11. The Commission is considered paid on the date it is debited from the Sport Break account.

12. If the Analyst changes their bank account, the Company may delay payment of the Commission as necessary to resolve the case.

13. The Company is not liable for any situation where the Commission is handled contrary to these Terms due to an enforceable decision against the Analyst.

14. The Commission under these Terms is set without VAT. If the Analyst is a VAT payer or becomes one during their Activity, VAT will be added at the statutory rate. The Analyst is obliged to inform the Company within 3 days of becoming a VAT payer.

15. All expenses related to the Analyst’s Activity on the Platform are covered by the Analyst. The Analyst is not entitled to request any reimbursement from Sport Break, apart from the Commission set out in these Terms.

Article IV. Personal Data Protection Policy

1. The purpose of this Personal Data Protection Policy is to inform the Analyst about what personal data will be processed by the Company and how, in connection with the Activity under these Terms and Conditions.

2. This Policy, as well as the processing of personal data of Analysts, is governed by generally binding legal regulations, in particular Act No. 110/2019 Coll., on the Processing of Personal Data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”).

3. The Company processes the Analyst’s personal data only to the extent necessary and for the time required to fulfill the purpose of processing.

4. By agreeing to these Terms, each Analyst explicitly consents to the processing of their personal data in accordance with this Policy, prior to commencing cooperation under these Terms.

5. Each Analyst, before commencing cooperation under these Terms, declares they are over 18 years of age. The Company does not process personal data of individuals under 18.

6. The Company processes personal data of Analysts based on consent to these Terms, for the purposes of performing the Analyst’s Activity, communicating with Analysts, and fulfilling legal obligations.

7. For the purpose of Activity records, the following data are processed:

   • Name

   • Surname

   • Company ID (IČO)

   • Email address

8. For the purpose of account management, the following data are processed:

   • Name

   • Surname

   • Company ID (IČ)

   • Registered address

   • Email address

   • Bank account

9. For communication and marketing purposes, the following data are processed:

   • Name

   • Surname

   • Email address

10. For billing and accounting purposes, the following data are processed:

• Name

• Surname

• Company ID (IČ)

• Registered address

• Bank account

11. The Company processes the following personal data of the Analyst:

12. Name

13. Surname

14. Company ID (IČO)

15. Registered address (street, building number, postal code, city, country)

16. Email address – for purposes stated in this Policy.

17. The Company also processes the following indirect data of the Analysts:

18. IP address

19. Cookies (to offer relevant content and improve website navigation)

20. Browser and operating system version (to ensure proper website display)

21. The Company processes the personal data of Analysts for the duration of the cooperation. After cooperation ends, the Company is obliged to delete and stop processing the data, unless there is a legal obligation to retain them under applicable laws, especially Act No. 499/2004 Coll. (on Archiving and File Service), Act No. 110/2019 Coll., and GDPR.

Analysts have the following rights concerning their personal data:

1. Right to withdraw consent to personal data processing.
An Analyst may withdraw their consent to the processing of personal data by:

sending an email to the Company at: machac@sportbreak.cz,

sending a registered letter to the Company’s registered office,

or by any other similar method.
In the withdrawal request, the Analyst must explicitly state that they withdraw their consent to the processing of personal data.
In that case, the Company is obliged to stop processing the Analyst’s personal data without undue delay, no later than 20 days after receiving the request, unless the processing obligation continues based on valid legislation.
The contractual relationship between the Company and the Analyst based on the cooperation will terminate upon delivery of an email notification from the Company to the Analyst about the cessation of data processing and the termination of cooperation.

2. Right of access to personal data and right to correct or supplement them.
The Analyst may, by sending an email to: machac@sportbreak.cz,
or a registered letter to the Company’s registered office,
or using a similar method,
request information about whether the Company processes their personal data.
If yes, they may request:

information on what data is processed,

how it is processed.
The Company is obliged to provide this information.
The Analyst may also request the correction of inaccurate personal data and the Company is obliged to make the correction.
Likewise, the Analyst may request supplementation of incomplete personal data, and the Company is obliged to supplement it.

3. Right to request restriction of processing.
The Analyst may request a restriction on processing of their personal data via email, registered letter, or similar method, provided that legal conditions for restriction are met. The Company is obliged to comply under such conditions.

4. Right to object to processing.
The Analyst has the right, based on reasons relating to their specific situation, to object at any time to the processing of their personal data.

5. Right to file a complaint with a supervisory authority.
If the Analyst is dissatisfied with how their personal data is being processed, they may file a complaint:

directly with the Company (email, letter, or similar),

or with the Office for Personal Data Protection (Úřad pro ochranu osobních údajů, CZ).

6. Right to data portability.
The Analyst may request, via email or letter, the Company to provide the personal data they submitted, in a standard machine-readable format. The Company is obliged to provide the data in this format.
The Analyst may then:

transfer this data to another controller,

or (if technically feasible) ask the Company to transfer the data directly to another controller.

Article V. Confidentiality Obligation

1. The Analyst undertakes to maintain strict confidentiality regarding all facts learned in connection with their Activity that relate to the Company’s business policy, transactions, organizational procedures toward third parties, employees, and internal processes, where such information has the nature of confidential information.
   The Analyst is obligated to fully protect the Company’s trade secrets disclosed to them in relation to the Activity under these Terms. The Analyst must also take care to ensure that this information does not fall into the hands of unauthorized persons.

2. The Analyst’s confidentiality obligation and the duty to protect the Company’s confidential information and trade secrets, as described above, shall apply during the term of the Activity and for three years after its termination, unless the nature of the information requires confidentiality even beyond that period. Protection of trade secrets continues until the information becomes publicly known.

3. Analysts are not authorized to contact Members or Users directly in any way, or offer them services without the participation of the Company.
   During their Activity under these Terms, Analysts are also not allowed to share contact details that would lead to direct communication with them.
   Violation of this obligation (even just one occurrence) is grounds for:

• immediate termination of cooperation with Sport Break,

• forfeiture of unpaid commission,

• and a contractual penalty of CZK 500,000.

Article VI. Termination of Cooperation Between the Analyst and the Company

1. The cooperation under these Terms and Conditions is concluded for an indefinite period.

2. The cooperation under these Terms may be terminated either:

   • by mutual agreement of both parties, or

   • by unilateral notice (termination) by either party in accordance with these Terms.

3. Either party may terminate the cooperation under these Terms by delivering written notice to the other party’s address.
   For the Company, the binding address is the one listed in the Commercial Register at that time.
   For the Analyst, it is the address provided by them.
   No reason needs to be given.
   The notice period is three months and starts from the first day of the calendar month following the date the notice is delivered.

4. Termination of cooperation under these Terms does not affect:

   • the right to contractual penalties,

   • default interest (if already accrued), or

   • compensation for damages caused by violation of obligations under these Terms.

5. If the Analyst ceases to be an entrepreneur, this is grounds for immediate termination of cooperation by the Company, without any notice period.

6. If the Analyst, in any way, contacts users or customers directly and offers them services without the Company’s involvement, or if the Analyst provides personal contact information in relation to Members or Users, as prohibited in Article V, paragraph 3 of these Terms,
   this is grounds for immediate termination of cooperation by the Company without any notice period.

7. If the Analyst discloses, shares, or otherwise makes available:

   • their Tips published on the Platform,

   • Tips of other Analysts published on the Platform, or

   • Tips not yet published but disclosed or made accessible to them by other Analysts,
     as stated in Article II, paragraph 20 of these Terms,
     it is grounds for immediate termination of cooperation by the Company without any notice period and without entitlement to commission.

8. If the Analyst seriously breaches these Terms, it constitutes grounds for immediate termination of cooperation by the Company.

Article VII. Final Provisions

1. In case of a change in personal data, the Analyst is obliged to notify the Company without delay, in writing (by post or email).
   If the Company’s data changes, it may notify the Analyst either via email or by publishing the change on its website.

2. If any provision of these Terms suffers from legal defects (e.g., if any provision conflicts with applicable laws and might be deemed invalid), such provision shall be considered severable, and the Terms shall be interpreted as if such provision had never been included.
   If any provision becomes invalid, ineffective, or unenforceable, this shall not affect the validity or enforceability of the other provisions, unless the invalid provision is inseparable from the rest of the Terms due to its nature or content.

3. By agreeing to these Terms, the Analyst accepts all rights and obligations set forth herein.

4. Any disputes arising between the Company and the Analyst in connection with these Terms or the Agreement shall be resolved under the laws of the Czech Republic.
   In case of court proceedings, the competent court shall be located in the Czech Republic, and proceedings shall be conducted on Czech territory.