Scope and subject matter of the contract
These General Terms and Conditions apply to all contracts between KAYA GAMING (hereinafter referred to as the “Provider”) and its customers for consulting services, software brokerage, marketing services, and technical support in the field of iGaming. The offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code). Deviating terms and conditions of the customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
Scope of services and conclusion of contract
The specific scope of services is set out in the respective individual offer or service contract. A contract is concluded when the customer accepts an offer from the provider in writing or in text form (e.g., by email) or when the provider confirms an order from the customer. The provider is entitled to use qualified third parties or subcontractors to perform the services.
Customer's obligations to cooperate
The customer is obliged to provide the provider with all information, data, and documents necessary for the performance of the services in a timely and complete manner. Delays caused by a lack of cooperation on the part of the customer shall not be borne by the provider. The customer is responsible for checking the legal admissibility of their iGaming project in the respective target markets.
Remuneration and payment terms
The remuneration agreed in the offer shall apply. All prices are subject to the applicable statutory value added tax. Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date. In the event of late payment, the provider is entitled to suspend further services until full payment has been made.
Liability and warranty
The provider shall only be liable for damages in cases of intent or gross negligence. In cases of simple negligence, the provider shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation). Since the success of marketing measures and strategic consulting depends on numerous external market factors, the provider is obligated to provide the agreed-upon service, but not to achieve any specific economic success or guarantee a certain number of players.
Confidentiality and data protection
The parties undertake to maintain confidentiality indefinitely with regard to all business and trade secrets and confidential information obtained in the course of their cooperation. This applies in particular to technical specifications and strategic concepts. Personal data is processed strictly in accordance with the provisions of the GDPR, as explained in more detail in the privacy policy.
Copyrights and rights of use
The provider retains the copyrights to the concepts, designs, and strategies created by the provider. After full payment, the customer receives a simple, non-transferable right of use for the contractually agreed purpose. The use of third-party software (e.g., casino providers) is subject to the respective license terms of the software manufacturers.
Term and termination
In the case of continuing obligations, the terms and notice periods agreed in the individual contract shall apply. The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist in particular if one party breaches essential contractual obligations or if insolvency proceedings are opened against the assets of one party.
Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, Mannheim is the exclusive place of jurisdiction for all disputes arising from this contract. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.