Platform terms and conditions

This document incorporates the clauses related to the conditions of use that regulate the access by the User to the contents that defibet.house offers through its application. Likewise, it regulates the use of these by the User. The User accepts these terms and conditions when registering or using the defibet.house software for the first time, and also subsequently, each time you log in.

The contract is concluded in Spanish. In the event that translations are provided, these shall be non-binding, so that in case of differences or different interpretations, the Spanish version shall apply..

Identification and purpose of the platform

The application is owned by SIMFINE FZCO (hereinafter, simply defibet.house), with License number 10786, mailing address Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates and e-mail address info@simfine.tech

The main purpose of this platform is the technological intermediation between users, so that they can make p2p bets through Smart Contracts. It also allows the user access to a private key manager and authentication (Wallet), being able to use it.

In any case, the activity of defibet.house is limited to intermediation and interconnection, not providing, neither gambling services (betting or similar); nor custody, storage, management, purchase, sale, exchange or transfer of cryptoassets.

The services provided by defibet.house do not include the use of the Internet, which is a requirement to make use of the requirements of defibet.house. The User is responsible for obtaining access to the Internet, for choosing a device that meets the technical requirements, for its configuration and performance, as well as for keeping the application updated, all at its own cost.

defibet.house reserves the right to modify at any time the application, mainly in order to make improvements.

The platform is aimed only at those countries that do not have restrictions on gambling or crypto assets, therefore, citizens of said countries/regions will not be able to access or use this platform. As an example and not exclusive, citizens of: Saudi Arabia, Bangladesh, Cambodia, Canada, Colombia, Ecuador, Indonesia, Iran, Jordan, Nigeria, Qatar, Russia, Taiwan, Tanzania, Turkey, Vietnam, Algeria, Bolivia will not be able to access , China, Egypt, Kosovo, Morocco, Nepal, Alaska, Saudi Arabia, Brunei, Cambodia, Cyprus, North Korea United Arab Emirates, Japan, Lebanon, Qatar, Singapore, Spain, United States and its territories: American Samoa Guam Mariana Islands Puerto Rico US Virgin Islands France and its territories: French Guiana French Polynesia Guadeloupe Martinique Mayotte Reunion Saint Barthélemy Saint Martin Saint Pierre and Milquelon Wallis and Futuna Netherlands and its territories: Aruba Curaçao St. Maarten Bonaire St. Eustatius Saba Turkey, Belarus, Cuba, Iran, North Korea, South Sudan, Sudan, Syria, Ukraine Oblasts that are under Russian control: (i) Crimea, (ii) Donetsk and (iii) Lugansk.

2. User

A user is any person who registers and/or uses the platform.

By accessing the platform, the User expressly and unreservedly accepts these terms and conditions. 

The User must be of legal age, its use being expressly prohibited by minors; In addition, you must not be a citizen of any of the countries that have gambling or cryptoactive restrictions, in accordance with the previous clause. Likewise, the use of external accounts or the use of own accounts for third-party bets is prohibited.

The User does not acquire ownership or any other right over the platform. He/she will only have the right to use it as long as he/she has an active account.

3. Registration

To interact on the platform it is necessary to have a user account.

To create a user account it is necessary to enter the data requested in the registration form, accepting the terms and conditions and the Privacy Policy. defibet.house may establish an alternative or complementary system. Complementary information may also be added to the profile.

In the registration procedure, the user must link a wallet. This process can be done in two ways: a) link an existing wallet owned by the user, through WalletConnect; b) create a new wallet in the same registration procedure of defibet.house.

In case you do not link an existing wallet, the second option will be automatically carried out.

In any case, both services, as well as any operation to be performed with such Wallet, is provided by third party companies, being the relationship directly between the User and such third party companies (such as «mercuryo.io», or «magic.link»), acting defibet.house only as an intermediary, facilitating the contact between the two parties, but not intervening in the services provided by the latter. These companies may request additional information from you according to their own terms and conditions.

With respect to all information provided, the User undertakes to be truthful and accurate, as well as to update such information through their profile.

defibet.house may require additional actions, in order to verify whether the information provided is correct. In a non-exclusive manner, a copy of the identity document and/or copy of the vehicle documentation may be required, and the telephone number may be verified by sending a code by SMS.

Even so, defibet.house does not guarantee the veracity, reliability or validity of the data provided by the Users.

4. Use of intermediation with other users

defibet.house acts as a technological intermediary between two Users. Therefore, the contract related to the p2p bet shall be solely between the Users, defibet.house not being the contractual counterparty of the User with regard to the bet in general. The contractual counterparty of the User shall be another User. Therefore, they are solely responsible for the contractual relationship.

Likewise, the User is responsible for complying with all the necessary requirements to carry out such activity, according to the current regulations. Therefore, defibet.house will not be responsible for the non-compliance carried out by the Users.

  1. Post the ad.
    The User will be able to publish an advertisement of his bet. To do so, he/she must include all the information requested by the application. defibet.house reserves the right not to process or delete a betting ad.

  2. Accept a bet.
    The User, in case he/she is interested in accepting a published bet, will have to accept such bet.
    Once the bet is accepted, and thus agreement of wills, the bet is considered to be confirmed. defibet.house reserves the right to cancel a confirmed bet. Users may not cancel a confirmed bet.
  3. Execution through Smart Contract.
    Once the bet is confirmed, the execution of the agreement of wills is automated through the use of a Smart Contract.
    Defibet.house is not a party to this Smart Contract in relation to the bet. Likewise, defibet.house is not responsible for the functioning of this Smart Contract.
    In order to know the exact functioning of this Smart Contract, you may refer to the Whitepapper or other substitute, complementary, or clarifying document; or other sources of information. It is the responsibility of each User to know the details of the agreement of wills between both Users. As an example and not excluding, once there is an agreement of wills, the amount of the bet will be blocked, as a way of guaranteeing the bet. In certain occasions, depending on the duration of the bet, these assets may be transferred to a pool to generate interest.

  4. Payment to winner.
    Once the betting object has been completed, the corresponding amount will be paid. The result of the bet will be checked in 2 ways: a) automatically through the oracles or APIs, b) by the inclusion of the result by one of the Users involved. All this will be done within the Smart Contract.
    In the event that the «losing» User does not agree, he/she may initiate a verification procedure. In the event that defibet.house is unable to prove the result, the bet will be considered «invalid» and the amounts will be refunded to both participants. In the event that the result is proven, the User who has entered false information in the result or in the settlement of the dispute may be sanctioned by defibet.house.

  5. Evaluation and complaints system.
    defibet.house may establish a comment and/or rating system for Users. In any case, to carry them out, it will be necessary to have maintained a contract with the valued User, derived from the intermediation of this platform.
    defibet.house may remove said comments if they consider that they violate the regulations, these Terms of Use or are contrary to ethics or good faith.
    defibet.house is not responsible in any way for the comments and/or ratings made by Users. The only person responsible for these will be the User who writes them.
    However, in the event that the User does not agree with the assessment or review received, they may contact defibet.house, which may assess what corresponds.
    Likewise, a system of complaints may be established by which a User communicates to defibet.house the behavior carried out by another User, in the event that he considers that said behavior violates the regulations, these terms and conditions or is contrary to ethics or the good fait defibet.house reserves the right to suspend the User’s account, limit their access to the services, in the event that said User receives negative comments or opinions, or complaints from other Users.

5. Use of the wallet

This service, as well as any operation carried out with said Wallet, is provided by third party companies, the relationship being directly between the User and said third party companies such as third party fiat to crypto providers, or «magic.link»), with defibet.house acting only as an intermediary, facilitating the contact between both parties, but not intervening in the services provided by the latter. 

Such intermediation is limited to the establishment in the application of a channel of access to the services of such intermediaries.

The use of these services is regulated by the provider in question, without defibet.house having intervened in any way. It is the responsibility of the User to be aware of them. The absence of a legal document (e.g. terms and conditions) published on the provider’s website does not give rise to any liability to defibet.house.

6. Financial Conditions Of Intermediation Between Users

The access and registration on the platform, as well as the publication and search of betting offers, are free of charge. This means that no «subscription» fee is payable.

Once a bet is resolved, the winning User must pay a commission to defibet.house, for intermediation, which will be known in advance, without prejudice to what they had to deposit or pay as a result of the bet.

Likewise, in the event that the blocked crypto assets have generated some type of return, such as interest, defibet.house will receive a percentage of these. The percentage will be known by the Users in advance.

Both charges and payments will be made through the cryptocurrencies designated by defibet.house.

The platform may use one or more providers of banking services or alternative collections. These providers may charge commissions for their use. defibet.house is not responsible for said commissions, and it is the responsibility of the User to know them.

7. Financial conditions of the intermediation with providers of management of passwords (wallet) and providers of purchase-sale-exchange of cryptocurrencies

The use of this service is free of charge, without prejudice to the costs of use established by these providers. 

As stated above, the contractual relationship of the services related to cryptocurrencies is exclusively between the providers and the User, and therefore, it is the responsibility of the latter to know the financial conditions established by the providers.

8. Withdrawal and cancellation

  1. Right of withdrawal and cancellations in the brokerage service with users.
    In the event that the applicable regulations provide for the existence of a right of withdrawal, given that the service is executed in its entirety once both Users have been contacted, there will be no right of withdrawal.
    Likewise, once the bet between two Users has been confirmed, there will be no possibility of cancellation.

  2. Refunds and right of withdrawal in the intermediation service with password management providers (wallet) and cryptocurrency trading and exchange providers.
    Because the service of defibet.house, which is limited to the intermediation, is a service that is executed immediately, there will be no right of withdrawal.
    As for the service provided by these providers, to know their return policy and the application of the right of withdrawal will have to consult with them, being a contractual relationship between them and the user, not being defibet.house part of the service provided by defibet.house.

9. News and published information

Defibet.house may publish information related to events of any kind, such as sports and financial events. Said information is provided by third parties, and therefore, defibet.house has no control over said information, nor does it assume any responsibility for it.

Likewise, Defibet.house may facilitate the viewing of “live streams” or videos. Although these are viewed from the Defibet.house platform itself, it only acts as a facilitating intermediary, the service being provided by third-party companies (such as twitch). Therefore, defibet.house has no control over such views (whether recorded or direct), nor does it assume any responsibility in this regard.

10. Expression tools

Defibet.house may make expression tools available to Users such as a forum or chats, whether private or public. Likewise, you can also make a private electronic messaging service available.

The User is solely responsible for making good use of these services so that all communications made by any means are consistent with the purpose pursued by Defibet.house and in good faith, comply with current legislation, are respectful of the rest of Users, is appropriate material, does not violate these conditions of use, is not repetitive or harassing, contributes to keeping the environment safe, etc.

In the event that a User detects that a User is not making proper use of said tools, they must immediately notify Defibet.house.

Defibet.house will not be responsible in any way for the damages generated (whether moral or economic) to a User, due to the breach of another User.

11. Behavior of the people visiting the platform and users

The User is solely responsible for respecting all laws, regulations and obligations applicable to the use of the platform, including these terms and conditions.

By way of example, and not excluding, among others, Users must:

  1. not to send to defibet.house (especially when creating or updating the account) or to the other Users of the platform false, confusing, malicious or fraudulent information;
  2. not speak, behave, or publish any content on the platform that may be defamatory, libelous, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, of a racist or xenophobic nature, that has sexual connotations, incites violence, discrimination or hatred, or that encourages activities or the use of illegal substances, that is contrary to the laws, these Terms of use, good faith, or ethics, especially in that which infringes the rights of defibet.house or a third party;
  3. not infringe the rights and not damage the image of defibet.house, especially with regard to its intellectual property rights;
  4. not to open more than one account on the platform and not to open an account or use it on behalf of a third party;
  5. not attempt to circumvent the payment of commissions from the defibet.house system;
  6. not to contact another User, through the platform, with a purpose other than the one designed;
  7. keep your username and password confidential, not providing them to third parties or allowing them to access the application. The User is solely responsible for the confidentiality and security of his account.
  8. not store, use or process personal data of any involved party for purposes other than the services provided under these terms and conditions, nor transfer them to third parties.
  9. not accept or make the payment outside the platform;
  10. Review and verify in other reliable sources the information provided by Defibet.house in relation to events, news, etc.
  11. know the details of the conditions of the agreement of wills between Users, and its automation and execution.
  12. comply with the terms and conditions and the privacy policy.
  13. comply with applicable regulations.

12. Intellectual and industrial property and trademarks

defibet.house grants the User a personal, non-exclusive, non-transferable and limited license to use the platform and services, for personal and private use, for non-commercial purposes and in accordance with the purpose of the platform and services.

The ownership of the content of the platform shall rest with defibet.house or its licensor and is protected by copyright, trademark rights and/or other intellectual property rights. The use of the platform in no way implies the transfer to the User of the ownership or any other intellectual property rights over the contents of the platform or the platform itself.

Any use not previously authorized by the owner shall be considered a serious breach of the trademark right or the intellectual or industrial property rights of the author. The following, among others, are expressly prohibited: reproduction, modification, adaptation, public communication, maintenance, correction of errors, transfer, sale, lease, loan and/or any other intellectual or industrial property right that may correspond to the contents of this website.

Among other acts, it is expressly forbidden to: (a) reproduce, modify, adapt, distribute, publicly represent and disseminate the platform, the services and all its content, unless expressly authorized by defibet.house; (b) decompile and reverse engineer the platform or the services, except for the exceptions stipulated by the applicable texts; (c) extract or attempt to extract (in particular by using data mining robots or similar data collection tools) a substantial part of the platform’s data.

All distinctive signs of defibet.house, trademarks, service marks, trade names, logos, domain names and any other characteristics of the defibet.house brand are the exclusive property of defibet.house. Contracts do not grant any right to use the defibet.house Marks for either commercial or non-commercial purposes.

13. Content published by the user

In order to enable the provision of the services, and in compliance with the purpose of the platform, the User grants defibet.house a non-exclusive license to use the content and data provided by the User in the context of the use of the services (hereinafter referred to as the «Content developed by the User»). In order to allow defibet.house to distribute via the digital network and in accordance with any communication protocol (in particular Internet and mobile networks) and to be able to offer the content of the platform to the public, the User authorizes defibet.house to reproduce, represent, adapt and translate the Content developed by the User for the entire world and for the entire duration of the contractual relations with defibet.house, in accordance with the following: 

(a) the User authorizes defibet.house to reproduce all or part of the content developed in any digital recording medium, known or to be known, on any server, hard disk, memory card or other equivalent medium, in any format and by any process, known or to be known, to the extent necessary for any storage, backup, transmission or downloading operation related to the operation of the Platform and the provision of the service;

(b) the User authorizes defibet.house to adapt and translate content developed by the User, and to reproduce such adaptations in any digital media, known or to be known, set out in point (a), with the aim of providing services in different languages. This right includes the option to make modifications to the format of the content developed by the User, in order to respect the graphic design of the platform or to make the content technically compatible with the defibet.house software..

14. Exclusion of liability

The User agrees not to use this website and its contents contrary to the provisions of these Terms of Use and current legislation. defibet.house in no event be liable for any damages that may cause the User by misuse or improper use in relations with third parties, being the sole and exclusive responsibility of the user of the website.

defibet.house is not responsible for any damages that may be caused as a result of (by way of example): the lack of availability of the website (due to technical maintenance involving periodic stops, or any other reasons), errors or omissions in the contents or the transmission of viruses or malicious or harmful programs of the contents, etc, inaccuracies due to information provided on the platform, attitudes and breaches of other Users, incorrect operation of the Smart Contract… 

defibet.house is not responsible for the content that the User may have hosted. The links or content of third parties that appear on this website are intended to expand information, facilitate the search for information, content and services on the Internet or offer another point of view (without being considered in any case a suggestion, recommendation or invitation to visit them), but their inclusion does not imply the acceptance of the contents or the association of the owner with those responsible for them, for which any responsibility that said contents could cause is rejected. The User is solely responsible for the content published or hosted by him, and must respect the regulations, these terms and conditions, ethics and objectivity.

defibet.house shall be entitled to immediately remove any material posted by the User. In the event that the User considers that there is on the website any content that could be likely to affect or contravene national or international law, rights of third parties or morality and public order, please notify immediately to hello@defibet.house. 

defibet.house has been reviewed and tested so that it works correctly. However, we do not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make permanent access to the website impossible. The USER accepts this extreme, and agrees not to claim any liability whatsoever.

Again expressly excludes any liability of defibet.house by Users or password management providers, providers of buying and selling-exchange of cryptocurrencies, or other similar providers, since defibet.house only acts as a technological intermediary of the transaction. 

The damages, understood in the broad sense, that the User may suffer for the services provided by these providers will be resolved between the contracting parties in accordance with their conditions or regulations. By way of example, and not exclusive, defibet.house not be liable for: (a) erroneous information; (b) cancellations; (c) the behavior of its users or suppliers, (d) etc..

defibet.house reserves the right to interrupt the services. Therefore, it shall not incur any liability whatsoever for ceasing to provide the services completely or partially, temporarily or permanently.

15. Web page links

In the event that defibet.house is the one who wants to display content from a third website, it is reported that defibet.house has no control over such links or the content of such websites, nor assumes any responsibility for them. The use of such websites by the User shall be at the User’s own risk.

In the event that it is a third website that wants to display content from the website of defibet.house, the link must lead the user, through a «click» to the URL address of the website of defibet.house, through a complete and absolute link, and must fully cover the full extent of the screen of the Home Page of this website.

Under no circumstances, unless expressly authorized in writing by defibet.house, the website that makes the link may reproduce, in any way, the website or application defibet.house, include it as part of your website or within one of its «frames» or create a «browser» on any content of defibet.house.

defibet.house does not authorize the establishment of a link to this website from those websites that contain information, materials or illegal, unlawful, discriminatory, degrading, obscene, and in general, contrary to commonly accepted ethical principles, which contravene morality, public order, generally accepted social norms or those containing content contrary to any third party rights.

If the entity, User or website that makes the link from your page to the website of defibet.house in a correct way would like to include on its website the brand, name, trade name, label, logo, slogan or any other identifying element of defibet.house and / or its website, you must first have their express written permission.

16. Account suspension, access limitation and termination

The User may terminate its contractual relations with defibet.house, at any time, free of charge and without having to explain the reason. 

In the event of (a) breach by the User of these Terms of Use, (b) in exercise of a right of defibet.house contained in these Terms of Use, (c) in the event that defibet.house has any real reason to believe that it is necessary to protect its security and integrity, that of Users or third parties, or for the purposes of fraud prevention or investigations, defibet.house may, without prior notice:

(a) terminate the relationship with the User immediately and without notice by deleting the User’s account; and/or

  1. cancel a betting request/advertisement, delete a confirmed bet or delete any content that the User has posted on the Platform; and/or
  2. limiting access to and use of the Platform; and/or
  3. temporarily or permanently suspend the User Account.

17. Right to indemnification

The User agrees to indemnify and hold harmless defibet.house, its affiliates, employees, board members and licensors for any loss, expense or claim arising as a result of, or in conjunction with, the breach by Users, or Providers (Password Management, cryptocurrency trading, etc.), of the terms and conditions, and applicable laws or the violation by them of the rights of third parties.

In other words, defibet.house shall not be liable for the actions or omissions carried out by the Users or the Providers, since the only action carried out by defibet.house has been the intermediation between the two.

18. Privacy and cookies policy

We respect the privacy of our Users at all times. To access it, you can click here: https://defibet.house/privacy-policy/

19. Validity and resolution

Contracts entered into under these terms and conditions are for an indefinite term, however, either party shall have the right to terminate the contract at any time.

Notwithstanding the foregoing, should you wish to terminate your relationship with the password management providers, or others, you should contact them.

20. Modification and update of the terms of use

defibet.house reserves the right to modify these terms of use. In the event that the change adversely affects the User, the User will be notified of these changes at least 30 days prior to the entry into force of these changes. If the User does not accept the notified changes, the User shall delete his/her User account. If the User fails to do so before such changes come into effect, the User shall be deemed to have accepted the changes. In the event that the changes are advantageous to the User, they shall be applied immediately and defibet.house is not obliged to notify the User of such changes..

21. Claims and litigation

If for any reason the User is not satisfied with the service, the User may contact defibet.house as provided in the contact clause, to file a complaint, in order to resolve their claim amicably, without the need to go to a third party.

In the event that the User considers that his complaint has not been resolved in a satisfactory manner, he may go to court or to an alternative dispute resolution body.

As it is a matter of consumption, the User may go, among others, to the European Platform for conflict resolution, accessible through the following link:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES 

As a consumer, the User has the right to submit the matter to a court in the place where he/she resides.

22. Nullity and ineffectiveness of the clauses

If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these Terms and Conditions shall survive in all other respects, and such provision or part thereof shall be deemed not to be included.

23. Contact

The User may contact defibet.house. by sending a written communication to hello@defibet.house. The request must contain the following information:

– Name and surname of the interested party.

– Photocopy of the D.N.I. (or, in its case, passport or C.I.F.).

– Request in which the question is specified.

– Address for notification purposes.

– Date.

– Signature.

– Documents accrediting the request being formulated.