Terms and conditions of service provision

(hereinafter referred to as 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 at the Municipal Court in Prague, Section C,
Insert 325562
Represented by Martin Machač, Executive,
and Dominik Rouš, Executive

Article 1. Definition of Terms

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

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

• Company refers to 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.

• Interested Person means a person who has created an account on the SportBreak platform but has not yet paid the membership fee. The Interested Person has limited access to the website features.

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

• Membership means the legal relationship between the Company and the Client established by concluding the Agreement. Rights and obligations arising from this legal relationship are described in Article II of these Terms and Conditions.

• Complaints Procedure means a set of rules according to which the Company resolves complaints of Members regarding the services provided.

• User Account is a profile that gives a Member or Interested Person access to the Company’s Website. They may either pay for full access or not pay and maintain a profile without access to the platform’s services.

• Platform means the Company’s website: www.sportbreak.cz, operating the SportBreak platform.

• User is either an Interested Person or a Member, regardless of whether they paid for the SportBeet Software, but created a User Account.

• GDPR refers to data protection regulations.

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

• Analyst is a third party providing advice or tips related to sports matches or similar events through the Company’s Platform.

• Tip means a prediction of a result or other event in a sports match.

• Application is the mobile application of the Company through which the user can receive the Services.

• Period is the duration paid for by the Member for the given service.

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

Article 2. Company Website and Its Activity

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. Sport Break operates a web-based Platform allowing the publication of tips on the results of sports matches or similar events, and potentially advisory services related to the outcomes of sports matches or similar events by third parties. The Company mediates the publication of these Tips and related services provided by Analysts (especially receiving payments from individual Members to the Company’s account and handling these funds in accordance with applicable terms) for the purpose of making them accessible to Members who obtain membership and pay the Fees in accordance with these Terms.

3. Tips mediated by the Company are for informational purposes only; it is up to each Member whether to use the tip provided by the Company. The Company is not responsible for the return on Members’ bets based on the Tips and shall not be liable for any damage incurred by Members in connection with an unsuccessful Tip. Each Member bears the financial loss risk entirely on their own.

Article 3. Membership

1. Sport Break provides its services only to persons over the age of 18.

2. For the purposes of these Terms, Membership refers to the legal relationship between the Company and the Member established in accordance with these Terms and Conditions.

3. A Member Account is created based on a complete and submitted registration form by the User on the Company’s Website. By registering, the User agrees to the Terms and commits to complying with them. Membership begins upon payment of the membership fee and grants the Member full access to all Platform features and purchased Services.

4. Each User is obliged to fill out the registration form truthfully and completely in accordance with these Terms. By submitting the registration data to the Company, the User declares that all provided personal information is truthful, complete, and up to date.

Article 4. User Account

1. The User Account is always maintained for one person only. Only the person in whose name or email the account is registered is authorized to access and use it. Sharing the User or Member Account with a third party is considered a serious breach of the Terms and may result in immediate account termination without compensation. In such a case, the Company is entitled to demand a contractual penalty of CZK 500,000.

2. The Member Account may not be used on multiple devices simultaneously.

3. Based on Membership and proper payment for Services within the Member Account, Members will gain access to Tips, depending on the type and number of properly purchased and paid-for Services available on the Platform, and within the time limit of access to the Package depending on the paid Fee.

4. In each Service, the Company undertakes to publish at least 5 Tips per calendar month in accordance with these Terms.

5. Within the Member Account, the Member has access to the following data:

   • Date of Membership creation,

   • List of Services purchased by the Member,

   • Tips published by Analysts within each Service,

   • End date of access to the Service based on the paid Fee as specified in these Terms.

6. The User Account is protected by a password chosen by the User during registration. The User may change the password in their account at any time.

Article 5. Fees and Period

1. Services are subject to a fee. The Fee for using the Services is always specified for each individual Analyst on the Platform and is set for a specific and limited period listed for each Service (7, 30, 90 days).

2. The Fee is always listed inclusive of VAT, if VAT is applicable.

3. The Company is not obliged to provide Tips from a given Service before the Fee has been credited to the Company’s account.

4. Access to the Tips from a given Service ends upon the expiration of the Period for which the Fee was paid.

5. All payments for a given Service will be made through the Company’s system as an intermediary, using the Company’s account and the payment gateways Pays.cz and Stripe. Sport Break undertakes to accept these payments, safeguard the amount, and pay out a portion to the Analysts in accordance with the relevant terms and conditions.

6. The Member may extend the Period by paying an additional Fee through the payment gateway. The Period can be extended for any chosen duration.

7. For each month of Service access, the Member is required to pay the Company the Fee in accordance with these Terms and Conditions.

8. Payment receipts for the Fees under these Terms and Conditions will be sent to each Member’s email address entered in the registration form, within 5 days from the date of payment.

Article 6. Consumer Protection

1. If the Member is a natural person not using the Membership in connection with business activity, they are considered a consumer.

2. Sport Break is a business entity.

3. The Member acknowledges and explicitly agrees that if 3 Tips are provided within 14 days from the date of Fee payment, they shall not have the right to withdraw without giving a reason, in reference to Section 1837 of the Civil Code.

Article 7. Complaints Procedure

1. Each Member has the right to file a complaint regarding the Services provided under these Terms. This right can be exercised during the duration of Membership and within 15 days after its termination.

2. This Complaints Procedure modifies the process of lodging and handling complaints by Members against Sport Break within the bounds of applicable laws. It applies to all complaints filed by Members, in the version effective on the day the complaint is filed.

3. The Company does not guarantee the result of provided Tips, nor does it ensure profit. Therefore, unsuccessful Tips or financial loss due to betting odds are not valid grounds for a complaint.

4. To file a complaint, the Member must complete the complaint form issued and published by the Company on the Platform. In it, they shall state the defects in performance by Sport Break, how they seek compensation, and send it to: machac@sportbreak.cz.

5. If Sport Break accepts the complaint both in reason and compensation method, it shall inform the Member within 5 working days and provide the agreed compensation within the following 10 days.

6. Beyond legal reasons, complaints may also be made for late publication of Tips (i.e., publication after the start of a sports event) or failure to meet the minimum number of published Tips.

7. Compensation for such defects (beyond legal reasons) may include:

   • free Service access for the following month,

   • a discount on the Fee for the next month,

   • granting extra free days, or

   • full refund of the Fee for the month in which the defect occurred.

8. Sport Break must handle the complaint without delay, no later than 30 days from its receipt.

Article 8. Termination of Membership

1. According to these Terms and Conditions, the User Account is concluded for an indefinite period.

2. A Member may cancel their Account at any time, even without providing a reason. In such a case, any already paid Fee shall be forfeited and is non-refundable.

3. The Company may immediately and unilaterally cancel a Member’s Account if the Member seriously violates these Terms and Conditions. In such a case, any already paid Fee shall be forfeited and is non-refundable. In case of cancellation for this reason, the Member is not allowed to create a new Member Account under their name.

4. The Company may also cancel a Member’s Account after one prior warning if the Member repeatedly (i.e., more than once) violates these Terms and Conditions. In such a case, any already paid Fee shall be forfeited and is non-refundable. Again, the Member is not allowed to create a new Member Account under their name.

5. A Member’s Account may also be cancelled by mutual agreement between the Company and the Member. Whether the Fee is refunded or forfeited is subject to their agreement. If no agreement is made, the Fee is not refunded. Whether the Member is allowed to create a new account is also subject to this agreement. If not agreed otherwise, the Member may create a new account.

6. All Member Accounts will be cancelled on the date Sport Break ceases its operations. In such a case, the Company shall pay Members a proportional refund of the Fee for the unused part of the Period, for which Tips will no longer be provided.

7. Upon cancellation of the User Account, the Membership terminates.

Article 9. Personal Data Protection Policy

1. The purpose of this Personal Data Protection Policy (hereinafter the “Policy”) is to inform Members about what personal data is processed by Sport Break and how, in connection with Membership under these Terms and Conditions.

2. This Policy, as well as the processing of Members’ personal data, complies with applicable legal regulations, especially Act No. 110/2019 Coll. on Personal Data Processing, and Regulation (EU) 2016/679 (GDPR).

3. Sport Break processes personal data only to the extent necessary and for the time necessary to fulfill the purpose.

4. By agreeing to these Terms and Conditions, every Member expressly consents to the processing of their personal data in accordance with this Policy, before ordering and paying for Membership.

5. Every Member confirms before ordering and paying for Membership that they are over 18 years of age. Sport Break does not process personal data of persons under 18.

6. Sport Break processes personal data based on consent to the Terms for the purpose of providing services, communication, and fulfilling legal obligations.

7. For account management, the following personal data is processed:

   • First name

   • Last name

   • Date of birth

   • Address of residence

   • Phone number

   • Email address

8. For communication and marketing purposes:

   • First name

   • Last name

   • Email address

9. For billing and accounting purposes:

   • First name

   • Last name

   • Date of birth

   • Address of residence

10. Full list of personal data processed:

    • Name

    • Surname

    • Date of birth

    • Address (street, house number, ZIP code, city, country)

    • Phone number

    • Email address

11. Indirect data processed:

    • IP address

    • Cookies (for relevant content and easier website use)

    • Browser and OS version (for proper site display)

12. Personal data is processed for the duration of Membership. Upon termination, the Company must delete it unless a legal obligation requires further retention.

13. Members have the following rights regarding their data: a) Right to withdraw consent
    b) Right to access, correct, and supplement data
    c) Right to restrict processing
    d) Right to object
    e) Right to file a complaint with a supervisory authority (or with Sport Break)
    f) Right to data portability

Article 10. Confidentiality Obligation

1. The Member agrees to maintain strict confidentiality regarding all information learned in connection with their Membership, which relates to the Company’s business strategy, transactions, organizational procedures toward third parties, and any information deemed confidential. The Member is obligated to fully protect the Company’s trade secrets disclosed during the Membership. The Member must also ensure such information is not disclosed to unauthorized persons.

2. The Member’s obligation of confidentiality and protection of confidential information and trade secrets under the previous paragraph continues for the duration of Membership and for three years after its termination, unless the nature of the information requires it to remain confidential even beyond that period. Trade secret protection remains in effect until the information becomes publicly known.

3. Members acknowledge that their login credentials and the provided Tips constitute trade secrets of the Company, which are made accessible to individual Members for a Fee. Members may not disclose their login credentials or Tips to third parties or distribute them in any way. If a Member does so, it will be considered a serious breach of these Terms and of their obligation to protect trade secrets. The Company may then, in addition to terminating the Member Account, demand a contractual penalty of CZK 500,000 for each breach.

Article 11. Out-of-Court Dispute Resolution

1. Any disputes between Sport Break and the Member may also be resolved out of court. In such a case, the Member, as a consumer, may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or use the designated online ODR platform.

2. Before pursuing out-of-court dispute resolution, Sport Break recommends that the Member first contact the Company directly to attempt to resolve the situation mutually.

3. More information about out-of-court dispute resolution is available at adr.coi.cz.

Article 12. Application

1. Each Member has the right to download the Application to easily receive Tips published by Analysts.

2. It is strictly forbidden to take photos, record videos, or share login credentials from the app with others, or to distribute information from the app in any way. Violating this rule gives the Company the right to cancel the account, prevent future account creation on the platform, and demand a penalty of CZK 500,000.

3. User

(Note: The final bullet “Uživatel” in the original seems to be an error or unfinished section.)

Article 13. Final Provisions

1. If a Member changes their personal data, they must immediately notify the Company in writing (via their Member Account or by email). If the Company changes its details, it may notify Members via website announcement or email.

2. Any disputes arising from these Terms or the Agreement will be governed by the laws of the Czech Republic. In case of a court dispute, the competent court will be located in the Czech Republic.

3. If any provision of these Terms is found legally defective or invalid, it shall be considered separable, and the Terms shall be interpreted as if such provision never existed. Invalidity of one provision does not affect the validity of the others, unless the invalid provision is inseparable from the rest.

4. By agreeing to these Terms, the Member accepts all rights and obligations set out herein.

5. Matters not expressly covered by these Terms are governed by applicable Czech legal regulations effective on the date of these Terms.

6. The Company is not liable for any website or delivery system outages, including Telegram, email, or the mobile app.

7. The Company reserves the right to change or amend these Terms, including unilateral modifications of the contractual relationship. Changes become effective on the date the new Terms are published at www.sportbreak.cz.

8. These Terms and Conditions take effect on March 1, 2025.

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