1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") regulate the mutual rights and obligations between GTOLAB LTD, with its registered office at 35 Second Floor, Triq L-Imdina, Attard, ATD 9038, Malta, Company Registration Number: C 108005 (hereinafter referred to as the "Provider") and third natural persons over 18 years of age (hereinafter referred to as the "User") arising from contracts for the provision of services (hereinafter referred to as the "Service Contract") concluded through the Provider's website located at the Internet address www.gtolab.com (hereinafter referred to as the "Website").
1.2. These Terms and Conditions form an integral part of the Service Contract.
1.3. The Service Contract and Terms and Conditions are drawn up in English. The Service Contract may be concluded in English.
1.4. The contractual parties agree that the Provider may unilaterally amend the Terms and Conditions to a reasonable extent. The change to the Terms and Conditions shall be notified to the User by e-mail to the address indicated in the User's account (art. 3). The User may refuse to change the Terms and Conditions and, in such case, terminate the Service Contract in writing within a notice period of one (1) month. This is without prejudice to the provisions of art.
1.5 of the Terms and Conditions.1.5. Upon the User's acceptance of the new version of the Terms and Conditions, the previous Terms and Conditions shall cease to be effective, and the new version of the Terms and Conditions shall become an integral part of the Service Contract.
2. CONCLUSION OF SERVICE CONTRACT
2.1. To propose the conclusion of the Service Contract, the User must register using Gmail, Facebook, or email, whereby the User shall propose the conclusion of the Service Contract by clicking on the relevant button (hereinafter referred to as the "Registration Request"). The information provided in the Registration Request is deemed to be correct for the purposes of the Terms and Conditions.
2.2. Following the delivery of the Registration Request to the Provider, the Provider shall enable the User to activate their account (hereinafter referred to as the "Acceptance"). Upon delivery of Acceptance to the User, the Service Contract shall be concluded.
2.3. The User agrees that the Provider may commence the provision of services under the Service Contract immediately after the conclusion of the Service Contract, even before the expiry of the statutory period for withdrawal from the Service Contract.
2.4. The User acknowledges that the Provider is not obliged to conclude the Service Contract (and may refuse the User's registration), particularly with persons who have previously breached the Service Contract (including these Terms and Conditions).
2.5. The User agrees to the use of remote means of communication for the conclusion of the Service Contract. Costs incurred by the User in using distance communication means in connection with the conclusion of the Service Contract (e.g., internet connection costs) shall be borne by the User and shall not differ from the basic rate.
3. USER ACCOUNT
3.1. Based on the Service Contract, the User can access their user interface on the Website. From this interface, the User can make settings for the service and use the service (hereinafter referred to as the "User Account").
3.2. Each User is entitled to have and administer only one User Account.
3.3. The User is obliged to update the personal data provided in the User Account whenever it changes. The data provided by the User in the User Account is considered correct by the Provider.
3.4. Access to the User Account is secured by a username and password managed by the User. The User is obliged to maintain the confidentiality of the information necessary to access their User Account and acknowledges that the Provider shall not be liable for any breach of this obligation by the User.
3.5. The User undertakes not to share with or otherwise provide their username and password to a third person. The User undertakes not to sell, transfer, or otherwise share the User Account with a third person. Sharing passwords and multiple simultaneous logins by different users is prohibited and may, at the Provider's option, result in the cancellation of the account, including forfeiture of any monies paid to date. The Provider may request verification of the user login in the event that it suspects a violation of this policy.
3.6. The Provider may prevent the User from using the User Account, particularly if the User breaches their obligations under the Service Contract (including these Terms and Conditions).
4. TERMS OF SERVICE
4.1. The service consists of providing educational content on poker strategies, including a GTO Trainer, training videos, webinars, lessons, courses, and masterclasses, to offer the User the opportunity to improve their skills (hereinafter referred to as the "Service"). The Provider does not facilitate participation in gambling within the Service. The Service is not intended to be used on multiple devices simultaneously.
4.2. The Service is available in two tiers: a Free Tier and a Paid Tier. - The **Free Tier** allows limited access to certain features, including 1 solution per day, 1 compare pair solution, and 20 practice hands. Videos are not included in the Free Tier. - The **Paid Tier** includes enhanced access to features, currently covering the ICM and heads-up solution databases, as well as access to other premium content as specified on the Website.
4.3. Courses, including training videos, webinars, lessons, and masterclasses, are not part of the Paid Tier and can be purchased independently. Users pay a one-time fee for each course, granting them access to the course indefinitely, as long as the company exists and continues to offer the course.
4.4. Based on the Service Contract, the User is entitled to access their User Account and use the Service. Certain features of the Paid Tier are subject to a fee payable to the Provider.
4.5. The Service is protected by standard and modern security measures. It is compatible with standard computer operating systems and internet browsers. The Service allows for the storage of certain information by the User. Information stored by the User within the Service may be subsequently deleted by the User, except for information necessary for the operation of the User Account or for the provision of the Service.
4.6. The information stored by the User within the Service will be handled in accordance with our Privacy Policy. While the Provider implements high standards of data protection and security, certain information may be shared with third parties as necessary to operate our business, including with service providers, affiliates, and business partners, as detailed in our Privacy Policy. The Provider ensures that these third parties only use your data for the specified purposes and maintains strict confidentiality standards. Should the User delete such data, it will also be deleted from the Provider’s servers, except as required for legal, operational, or compliance purposes.
4.7. Users are strictly prohibited from recording, screen capturing, selling, or sharing any of the video content provided through the Service, including but not limited to training videos, webinars, lessons, courses, and masterclasses. However, users are allowed to record the GTO Trainer for purposes such as creating YouTube content or conducting poker coaching sessions with students. Violations of this provision may result in the immediate termination of the User's account without refund and may also lead to legal action.
4.8. The Service may not be provided by the Provider 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.
4.9. The provision of the Service may be subject to interruptions, temporary limitations, disruptions, or reductions in quality. Information stored by the User within the Service may not be backed up by the Provider. The User agrees that information stored within the Service may be corrupted or otherwise degraded.
4.10. The User understands that educational parts of the Service dependent on specific persons (e.g., live coaching) may be subject to temporary limitations due to the unexpected unavailability of that person. The Provider shall, to a reasonable extent, try to remedy the situation.
4.11. The User agrees that advertising, including third-party advertising, may be displayed within the Service.
4.12. The features of the Service may change during the term of the Service Contract. However, the User explicitly agrees that the Provider shall not be obliged to offer updates to the Service.
5. CONTENT OF SERVICE CONTRACT
5.1. By the Service Contract, the Provider undertakes to provide the Service to the User. If the User decides to use the Paid Tier, the User undertakes by this contract to pay the Provider a fee for its use, in accordance with art. 6 of these Terms and Conditions.
5.2. If the User subscribes for the Paid Tier of a selected Service Variant (e.g., ICM solutions) but intends to subscribe for the Paid Tier of a different Service Variant (e.g., heads-up solutions), the Provider may, in justified cases, rectify such situations upon delivery of the User’s request.
5.3. The Paid Tier is provided to the User for a fixed period of time, namely for the period selected by the User when subscribing for the Paid Tier. After the expiry of this agreed period, if the Paid Tier is not renewed by the User for the next period, the functionality of the Service will be reduced to the Free Tier. The Paid Tier shall automatically renew at the end of the previous applicable period. Automatic renewal of the Paid Tier can be canceled at any time, and the User shall be able to use the Paid Tier until the end of the applicable period.