GTOLAB LTD

Terms of Service

Greetings! These Terms of Service (“Agreement”) constitute a legally binding agreement made between GTOLAB LTD, registration number C 108005, having its registered address at 35 Second Floor, Triq L-Imdina, Attard, ATD 9038, Malta (hereinafter “GTOLAB”, “We”, “Us”, “Our”) and a natural person (hereinafter “User”, “You”, “Your”), and describes how We provide Services to You.

We operate and provide the Website, as well as any Services specified in this Agreement.

You cannot win or lose any money on our Website, We provide pure educational Services in connection with poker.

You agree that by accessing the Services, You have read, understood, and agreed to be bound by this Agreement. If You do not agree with this Agreement, then You are expressly PROHIBITED from using the Services, so You must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Website are hereby expressly incorporated herein by reference. We reserve the right to change this Agreement from time to time, without prior notice and Your consent.

You must review this Agreement periodically to stay informed of any updates. If You continue to use the Website and/or the Services after the date the updated Agreement is posted, You will be deemed to have read it and accepted the changes in any revised Agreement as You continue to use the Website and/or the Services.

Terminology
Our Services
Account Registration
Acceptance of the Agreement
Fees and Payments
Rights and Obligations of the Parties
End-User License Agreement
Copyright Infringements
Disclaimer
Limitation of Liability
Indemnification
Term and Termination
Governing Law and Dispute Resolution
Miscellaneous
Support
Legal Information

Terminology

Account: User profile on the Website that allows Users to access and use the Services and Software provided by GTOLAB.

Payment: Payment shall have the meaning prescribed by Section V.

Privacy Notice: Notice that constitutes an explanation of the personal data processing of the User who uses Our Website and Services according to this Agreement.

Services: All services that are provided on the Website, such as access and display of educational content on poker strategies, including Software, training videos, webinars, lessons, courses, and masterclasses, offer the User the opportunity to gain knowledge and improve relevant skills.

Software: Means the GTO Trainer which includes user practices and a simulator.

Subscription: Means plans that are paid monthly or annually, selected by the User.

Third Party: Any entity or individual that is not part of the Agreement.

Website: Refers to a collection of interconnected web pages or documents accessible through the Internet on the domain: www.gtolab.com.

Our Services

Terms of Service: GTOLAB owns, operates, and provides the Website to offer the Services. The Services are not intended to be used on multiple devices simultaneously.

The Services are available in two trials: a Free Trial and a Paid Trial.

Under Free Trial, the User can:

Create an Account;
Get 1 solution in a game per day;
Get 1 compare pair solution;
Get 20 practice hands;
Delete an Account.

Under Paid Trial, the User can:

Create an Account;
Have access to the ICM and heads-up solution databases;
Download poker ranges;
Use all the features of the Software;
Delete an Account;
Do anything possible under Free Trial;
Use other available functionality of the Website and Services as provided by the Paid Trial.

The final list of Services under Paid Trial depends on the Subscription You have chosen, which is indicated on the Website.

Changing of the Subscription:

If the User subscribes for the Paid Trial of a selected Subscription (e.g., ICM solutions) but intends to subscribe for the Paid Trial of a different Subscription (e.g., heads-up solutions), GTOLAB may, in justified cases, rectify such situations upon delivery of the User’s request as provided in Section XV.

Subscription Renewal:

The Paid Trial is provided to the User for a fixed period of time, namely for the period selected by the User when subscribing for the Paid Trial. After the expiry of this agreed period, if the Paid Trial is not renewed by the User for the next period, the functionality of the Service will be reduced to the Free Trial. The Paid Trial shall automatically renew at the end of the previous applicable period. Automatic renewal of the Paid Trial can be canceled at any time, and the User shall be able to use the Paid Trial until the end of the applicable period.

Special Services:

Courses, including training videos, webinars, lessons, and masterclasses, which are not part of the Paid Trial and can be purchased separately. Users pay a one-time fee for Special Services, granting them unlimited access to selected Special Services.

Other Services: From time-to-time GTOLAB may add new functionality, which will be specified on the Website. The User can also use various functions available on the Website.

Moment of Services Provision: The Services are provided to the Users under Free Trial, Paid Trial or if purchased separately and are available 24 hours a day, 7 days a week, except during maintenance, system failures, or other technical issues. GTOLAB will make reasonable efforts to ensure the Services are provided without interruptions or errors. However, interruptions, temporary limitations, disruptions, or reductions in quality may occur. The Services may not be provided by GTOLAB if its provision is prevented by difficulties on the part of the User or other persons, including power outages, data network outages, or other disruptions caused by Third Parties or force majeure. The User understands that educational parts of the Services dependent on specific persons (e.g., live coaching) may be subject to temporary limitations due to the unexpected unavailability of that person. GTOLAB shall, to a reasonable extent, try to remedy the situation.

Quality of Services: GTOLAB and the User mutually acknowledge and agree that the Services are provided and delivered with a certain level of quality. GTOLAB makes reasonable efforts to ensure that the Services meet industry standards and functional requirements. By using the Services provided by GTOLAB, the User confirms that they have reviewed and agreed to the level of quality provided. GTOLAB and the User understand that this acknowledgement does not constitute a warranty or guarantee beyond what is explicitly stated herein.

Account Registration

Age Requirements: You must be at least 18 years of age to use the Services and register an Account. Persons under this age are prohibited from using the Services or registering the Account. We may require proof of age (for example, We may request Your month and/or year of birth). We also reserve the right to block Your Account if We suspect that You are under the applicable age.

Legal Capacity: You may not be entering into Agreement, if You do not have the legal capacity under applicable law to agree to the Agreement.

Account: You can register the Account free of charge and that gives access to technically available functionality of the Website and Services.

Account Registration via Google: GTOLAB allows You to register and log in to the platform using Your Google account. This simplifies the registration process and reduces the number of steps required.

Account Registration via Website Form: To register an Account, the User must provide all the required information requested during the registration process on the Website as provided in Our Privacy Notice. Your Account will be registered instantly upon completion of the registration process including the confirmation of the e-mail.

Trustable Information: When creating the Account on the Website, You must provide true and accurate information. You must not create or use an Account on behalf of another person.

Account Deletion:

GTOLAB has the right to delete Your Account if:
You violate terms and conditions of the Agreement and all applicable laws;
You refuse to provide additional information upon GTOLAB’s request;
You are less than 18 years old or lack legal capacity;
You do not use the Account within _ calendar months;
The Agreement is terminated.

Third Party Access to the Account: If any Third Party gains access to the Account, You are obliged to immediately notify GTOLAB to take appropriate measures, provided that GTOLAB can confirm the legitimacy of the Account belonging to You.

Acceptance of the Agreement:

By registering the Account, You warrant that You understand and agree with the terms of this Agreement by checking the appropriate checkbox during the registration process.

Confirmation of the Conclusion of the Agreement: Confirmation of the conclusion of the Agreement is the successful registration of the Account. A copy of the Agreement can be downloaded by the User on the Website.

Fees and Payments

Paid Services: The User can obtain some Services only after paying for the Services according to Section II and Section V of this Agreement.

Payment: Payment for the Services is made in the form of 100% advance Payment on a recurrent (for the Subscription) or under the one-time (for pay-as-you-go) basis for Special Services.

Price of the Subscriptions: The price of the Subscriptions is indicated on the Website.

Price of Special Services: The price of the masterclasses, courses, videos and other Paid and Special Services is provided under the one-time Payment (pay-as-you-go) basis and is indicated on the Website.

Changing the Price: The price of the Services may be changed by GTOLAB unilaterally on the terms specified in the Agreement. But in any case, the final price will be displayed on the Website and provided to the User prior to making any Payment under this Agreement. Any changes to the price may affect the cost of the next Subscription, and the User will be notified via email 10 (ten) days before of such changes.

Payment Process: When the User purchases Subscription or other Services, the User explicitly authorizes the Third-Party payment service Stripe to charge them for such Services. For the avoidance of doubt, Subscriptions do not include any sales by Third Parties. The User is responsible for all subscription Payments made for the current subscription period.

Subscription Payment: The Subscription Payment is automatically made every month/year on the same day (date) as the first Payment for the Subscription was made.

Payment Method: The User can pay for Services via Stripe. The User can make Payment only from countries supported by Stripe. The list of these countries is available via the Link.

Currency: US dollars or its equivalent in any currency and at the establishment exchange rate that is available for Payment in Stripe.

Warranties on Payment Information: By submitting Payment information, the User guarantees that all Payment details provided are true, accurate, and complete. GTOLAB is not liable for any mispayment resulting from the User providing incorrect Payment information or the use of an unauthorized Payment method.

Legality of Payment: The User acknowledges that any Payment made to pay for the Services, is his own financial responsibility. The User is fully aware of and understands that he is initiating a Payment transaction. The User guarantees that he has reached the age of legal capacity to make Payments in his respective country or jurisdiction.

Payment Confirmations: All Payments made under this Agreement will be confirmed via email, sent to the email address provided by the User.

Cancellation of Subscription:

The User can cancel his Subscription at any time, but such cancellation will only take effect at the end of the current Subscription period. At the time of cancellation, the User is not entitled to a refund of any portion of the fee paid for the Subscription period.

Refund for Subscription:

If the User has not started using the Services at all and can confirm this, the User shall be entitled to a refund of the funds paid under the relevant Subscription within 14 (fourteen) calendar days from the date of Payment. To do this, the User needs to contact the support with a corresponding request as provided in Section XV.

Refund for Special Services:

If the User has not started using the Special Services at all and can confirm this, the User shall be entitled to a refund of the funds paid within 14 (fourteen) calendar days from the date of Payment. To do this, the User needs to contact the support with a corresponding request as provided in Section XV.

However, GTOLAB can return some costs in exception cases based on a case-by-case evaluation of every individual situation that occurs.

Rights and Obligations of the Parties

Rights and Obligations of the User

Behave Yourself: The User agrees to use the Services only in a manner that is lawful, ethical, and respectful of others. The User agrees not to use the Services to engage in any behavior that is discriminatory, harassing, defamatory, obscene, offensive, or otherwise objectionable, whether in person, in writing, or online.
Compliance with the Law: The User must follow all the laws and rules that apply to the use of the Services. You are responsible for making sure that You do not break any laws while using the Services.
Prohibition of Fraudulent Activities: Using the Services for fraudulent activities or attempting to access other Users’ Accounts is prohibited. It is forbidden to use any methods, including, but not limited to automatic systems for training instead of You.

Rights and Obligations of GTOLAB

Advertisement: GTOLAB has the right to distribute any advertisement on the Website.
Contest, Sweepstakes, and Competition: GTOLAB has the right to hold contests, sweepstakes, and competitions under the conditions specified on the Website, social networks, and messengers of GTOLAB and its partners.
Promotions and Discounts: GTOLAB has the right to hold promotions and provide discounts to the User, run leaderboards and giveaways for Subscriptions under the conditions specified on the Website.
Notification: GTOLAB has the right to send any electronic notifications, including advertising, to the User, if:
- The User gave consent using a special checkbox or a send-out form.
- The User subscribed to GTOLAB’s mailing list.
- The User has already used the Services GTOLAB and GTOLAB sends an advertising notification with the subsequent opportunity to refuse such mailing in the notification itself.
- GTOLAB sends a technical notification to the User.
Subcontractors: GTOLAB may engage contractors, subcontractors, and partners to perform this Agreement, without additional approval from the User.
External Links on the Website: GTOLAB has the right to place external links on the Website. Links from the Website to other websites, applications (web, mobile, and desktop) are for information only. GTOLAB does not control them and do not accept responsibility for other websites, any materials found upon them, or any loss You suffer from using them.

End-User License Agreement

License: GTOLAB grants the User a personal, limited, revocable, non-exclusive, non-transferable, worldwide license during the term of this Agreement to use the Website and the Services, namely: display, view, visit, and use the available functions.

Exclusive Property Rights: All intellectual property rights, without limitations, to the Website software code, Software, databases, data, training videos, masterclasses, courses, lessons, logos, musical compositions, trademarks, industrial designs, patents for inventions and utility models, goodwill and other intellectual property objects that are displayed on the Website or provided in the course of the Services belong to GTOLAB unless otherwise stated.

No Assign of Exclusive Property Rights: This Agreement does not alienate any intellectual property rights in favor of the User.

Copyright Infringement: The User is obliged to refrain from any actions regarding copying, modification, recompilation, and other actions that may be a violation of the intellectual property rights of GTOLAB and any Third Party.

Copyright Infringements

Intellectual Property Violation: If You believe that any content on Our Website infringes Your intellectual property rights or the intellectual property rights of a Third Party, please promptly notify Us in writing via Our support as provided in Section XV.

Notification:

Your notification must include:

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material.
Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Answer the Notification:

In case GTOLAB finds the notification legally grounded, reasonable, and containing the full necessary information, it shall make all necessary steps, as required by the applicable law. In any case, a response to Your notification shall be provided within 30 (thirty) calendar days of its receipt.

Disclaimer

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. GTOLAB is not responsible and does not provide any warranties, express or implied, and hereby disclaims any implied warranties regarding the Services, in particular:

Availability in case of problems with the network, software and hardware, electricity supply of the User, and Third Parties.
Compliance of the name, appearance, internal structure, and functions with any expectations of the User.
Protection against any damage to Users, persons related to them, their property, and non-property rights from the action and/or inaction of any Third Parties.

Limitation of Liability

GTOLAB’s Limitation of Liability:

GTOLAB limits its liability for breach of the Agreement, as well as for any damages (including lost profit, but not the injury of the User), to the amount of the User’s Payment under this Agreement. GTOLAB is not responsible for the actions of the Users and limits its liability to Third Parties for losses (including lost profit), and damage caused by the User to these Third Parties while using the Services.

Exclusion from GTOLAB’s Liability:

Any loss of profit (directly or indirectly);
Any loss of goodwill;
Any loss of opportunity;
Any reliance placed by You on the completeness, accuracy, or existence of any information or advertising, or as a result of any relationship or transaction between You and any Third Party whose advertising appears on the Software or in relation to the Services;
Any changes which We may make to the Services, or for any temporary interruptions in the provision of the Software or the Services;
The deletion of, corruption of, or failure to store, any data maintained or transmitted by or through Your use of the Services;
Your failure to provide Us with accurate Account and Payment information;
Your failure to keep Your Account details secure and confidential.

Force Majeure

We will not be liable for any failure or delay in the performance of Our obligations under this Agreement if such failure or delay is due to causes beyond Our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials. In the event of any such delay, the time for performance will be extended for a period equal to the time lost by reason of the delay.

User’s Liability

The User undertakes to compensate for damages and lost profits in full in cases of violation of intellectual property rights, violation of means of ensuring information security, in particular cyber security, and protection of the business reputation of GTOLAB, its officers, directors, employees, agents, affiliates, and founders.

Third Party Services

GTOLAB is not responsible for any services or products that the User can obtain from any Third Party via the Website.

Indemnification

Obligation to Indemnify:

The User agrees to indemnify, defend, and hold harmless GTOLAB, its officers, directors, employees, agents, affiliates, and founders from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

The User’s use of the Services;
Any content or materials submitted, posted, or transmitted by the User through the Services;
Any violation of this Agreement or any applicable laws or regulations by the User;
Any infringement of intellectual property rights or other rights of any Third Party caused by the User’s actions or use of the Services;
Any claims or actions brought by Third Parties arising from or in connection with the User’s use of the Services.

Term and Termination

Term of Validity of the Agreement:

This Agreement becomes effective for a specific User from the date of its conclusion, as indicated above. This Agreement is valid until its termination or termination by GTOLAB or the User.

Termination of the Agreement by Mutual Consent of the Parties:

In such a case, GTOLAB or the User, depending on who intends to terminate the Agreement, must notify the other of this in writing, by sending the corresponding notification by e-mail.

Termination of the Agreement by GTOLAB:

GTOLAB has the right to terminate this Agreement unilaterally, in case of violation by the User of any terms of the Agreement, to prevent any fraudulent, unlawful, or abusive acts or if it is necessary to prevent or stop any harm or damage to us, other Users or the public. GTOLAB informs the User of the facts and reasons for termination by sending a message to the User’s e-mail and/or a message on the Account. The Agreement is terminated from the date of sending the notice, and the User’s Account is deleted. In this case, the User does not have the right to re-enter this Agreement and use the Services, except accessing the Website, support, and receiving messages.

Termination of the Agreement by the User:

The User has the right to terminate this Agreement unilaterally by notifying GTOLAB through the support and/or by sending a message to Our e-mail address. The User also has the right at any time to stop using the Services and delete the Account. The Agreement is terminated from the date of receipt of the notice or the deletion of the User’s Account.

Governing law: This Agreement shall be governed by and construed in accordance with the laws of Malta, without giving effect to any principals of conflict of laws.

Dispute Resolution: All disputes or claims about this Agreement are resolved within 30 (thirty) calendar days of negotiations. If negotiations do not work, the court of Malta under Maltese law must resolve any related dispute or claim.

Miscellaneous

Effective date: This version of the Agreement is valid from the Effective date specified above.

Assignment: You cannot transfer or give away Your rights and responsibilities under this Agreement without Our permission. If You try to do so, it will be invalid. We can give Our rights and responsibilities under this Agreement to someone else without asking for Your permission. Both GTOLAB and User are still responsible for following this Agreement, even if they are assigned to someone else.

Entire agreement: This Agreement is the only agreement between GTOLAB and User regarding the use of GTOLAB’s Services. It replaces any other agreements or discussions We have had before.

Headings: The headings in this Agreement are just to help You understand what each section is about, and they will not change the meaning of anything. When We use words like “including” or “such as,” it does not mean that we have listed everything that could be included.

No partnership: By using Our Services, You are not becoming Our partner, employee, or agent. You cannot say that You represent Us or that We are working together in any formal way. You do not have the authority to make any deals or promises on Our behalf. When You use Our Website or Services, You are responsible for paying any taxes or government fees that come up. We do not provide tax advice, so it’s up to You to talk to a tax expert if You are not sure what You owe.

No Waiver: If We do not enforce any part of this Agreement, it does not mean We are letting you off the hook. We can still enforce those terms later if We need to. If We do decide to waive any of Our rights, We will make sure it is in writing and signed by Us.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, that provision will be deemed severable, and the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that accomplishes the same purpose as the original provision, to the extent possible.

Survival: If this Agreement ends, some of them will still be in place. The Sections that will still be in place are VII, VIII, X, XI, and anything else that makes sense to apply.

Languages: This Agreement is available in English. If there are any differences between the English and any other versions and the translation to another language, the English version shall prevail.

Support

How Can You Contact Us: If You have any inquiries or complaints regarding Your use of the Website or Our Services, You may contact Our support team via the following methods:

Contact Form: You can use the contact form available at the bottom of the Website at https://www.gtolab.com.
Discord: You can also reach Us on Our Discord channel, “GTO LAB Discord” at https://discord.gg/Qxq3yNCSGX.
Email: Alternatively, You can reach Us via email at info@gtolab.com.

Support Terms: We strive to deal with all inquiries or complaints as soon as possible. Our team will provide You with a response within 30 (thirty) calendar days of receiving Your enquiry or complaint.

Legal Information

Company Name: GTOLAB LTD
Company Number: C 108005	VAT Number MT3096-9901
Legal Address: 35 Second Floor, Triq L-Imdina, Attard, ATD 9038, Malta	Business Address: 35 Second Floor, Triq L-Imdina, Attard, ATD 9038, Malta
Email: info@gtolab.com