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General Terms and Conditions of Business and Use

Welcome to SPITCH!
These terms and conditions govern your use of SPITCH.

1 General

1.1 SPITCH is operated by SPITCH Ltd. (“SPITCH”), a company incorporated under Maltese law and registered in Malta. It was registered with the Registry of Companies on 27 November 2018 under registration number C 89594 and has its registered office at No. 2, Geraldu Farrugia Street, Zebbug. ZBG 4351, Malta. SPITCH is licensed and regulated by the Malta Gaming Authority (hereinafter “MGA”) since 02/04/2019. On the basis of the licences it holds (MGA/B2C/670/2019), SPITCH is entitled to offer a game of skill (e.g. Daily Fantasy Sports) at all football events taking place worldwide.

1.2 SPITCH offers services on its website, accessible under the domain https://www.spitch.live/ and via the SPITCH app. If the following General Terms and Conditions contain provisions regarding the Website, these shall also apply to the App.

1.3 All SPITCH games played, whether via the Website or the App, are organised, held, received, placed and processed exclusively in Malta.

1.4 By opening an account and by participating in a matchday, you enter into a legally binding contract with SPITCH, which is subject to these Terms and Conditions.

1.5 SPITCH reserves the right to make changes to these general terms and conditions at any time. In the event of a change, you will receive a notification. In this way you will be informed of the changes. In this notification, you must accept the changes to the general terms and conditions of use. If you do not confirm this notification and therefore the changed terms and conditions, you may not continue to use SPITCH. However, you can still pay out existing winnings. The amended terms will become effective within 30 days of notification. It is your responsibility to check the terms and conditions before participating in a matchday. You are advised to print these terms and conditions to avoid future misunderstandings and disputes.

1.6 In particular, SPITCH reserves the right at any time and without stating reasons: to discontinue individual or all services, to reject account opening applications, to block or close accounts. SPITCH shall nevertheless take into account and comply with all obligations already contractually concluded.

1.7 SPITCH assumes no liability for transmission errors of events and results. For its services, SPITCH uses the services of third parties, who have also contractually excluded any liability to SPITCH. Thus, except in the case of intentional or grossly negligent conduct on the part of SPITCH, no claims for compensation exist due to faulty, delayed, manipulated or abusive data transmission on the Internet or other transmission errors of data and results.

1.8 You are not permitted to assign claims you have against SPITCH, whether for payment or free of charge, to pledge or otherwise legally dispose of them.

1.9 Employees of SPITCH and affiliated companies and their relatives are excluded from using SPITCH.

1.10 SPITCH may waive rights from the general terms and conditions of business and use in individual cases. You are not entitled to a waiver of rights in the future.

1.11 All differences of opinion and legal disputes arising in connection with the business relationship shall be governed exclusively by Maltese law, to the exclusion of the referral norms of private international law and the UN Convention on Contracts for the International Sale of Goods. The mandatory consumer protection regulations of the country in which you have your habitual residence are excluded from this choice of law.

1.12 In the event that any of the above and following provisions are invalid in whole or in part, the contract concluded between you and SPITCH remains valid. If individual provisions should be ineffective, the content replacing these provisions shall be governed by the legally permissible provisions that come closest to the ineffective provisions.

1.13 In the event of differences between the German and other language versions of the General Terms and Conditions of Business and Use, the German version shall prevail.

2 Opening of Account and Account

2.1 In order to use SPITCH, you must open an account on our website or in the app. By opening an account, you declare that

  • you are not restricted in your legal capacity,
  • they are not subject to guardianship,
  • you do not use funds derived from criminal activity
  • you open the account for your personal use and have no commercial intentions
  • you have been informed about and accept SPITCH’s current terms and conditions.

2.2 You may only use SPITCH if you are allowed to use the services offered by SPITCH in accordance with the laws applicable in your country. It is at all times your sole responsibility to comply with the applicable laws and to ensure that you are fully authorised to use the services provided by SPITCH.

2.3 Registration is possible on our website and in the app.

2.4 You agree to inform SPITCH immediately if your identity details change and you suspect that third parties are using your account.

2.5 At the moment you can only use SPITCH in Europe. The use of SPITCH is not permitted outside European member states.

2.6 You agree to provide accurate information during registration and participation, including your age, residential address and e-mail address. This information must be updated and kept up to date in the event of changes in the “Settings” section. In order to verify the information provided and in particular your identity, SPITCH reserves the right to request proof and documents at any time at its absolute discretion.

2.7 As part of the registration process, SPITCH will ask you for your date of birth in order to make the opening of an account dependent on proof of your age and thus the completion of your 18th year.

2.8 SPITCH behält sich das Recht vor, im Falle einer Platzierung in der Gewinnzone, Ihr Pseudonym, dass Sie bei der Registrierung unter „Nickname“ frei wählen, auf der Website und in der App zu veröffentlichen.

2.9 When opening an account, you must choose a password. It must not be similar to other data entered (e.g. first name or home address). SPITCH only accepts robust passwords that consist of at least eight (8) characters and of alphanumeric characters and/or symbols or a mixture of lower and upper case letters. We recommend that you update your password at regular intervals.

2.10 You agree to keep your password secret at all times and to ensure that it is not known or used by third parties. SPITCH shall not be liable for any damages that you may suffer as a result of unauthorised or improper use of your access data.

2.11 You must register with SPITCH in person, it may not be transferred to third parties.

2.12 Should an account be opened and maintained in breach of the conditions set out in 2.1 and 2.4, SPITCH may withhold funds, cancel games played or have any of the funds in an account confiscated by a statutory authority of the Government of Malta.

2.13 SPITCH keeps all accounts strictly confidential. However, SPITCH may be required under applicable laws by authorities such as the MGA or the Financial Intelligence Analysis Unit (FIAU) to provide certain account information.

2.14 SPITCH is obliged to report suspicious transactions to the competent authority.

2.15 Unless otherwise stated, amounts such as credit balances, deposits or withdrawals are in euros.

2.16 It is not possible to transfer or sell accounts. It is also not possible to transfer funds from one account to another.

2.17 You may only hold one SPITCH account. Double accounts are strictly prohibited. Should another account (the “Double Account”) be created in addition to your first account (the “Original Account”), the following applies: SPITCH has the right to block the double account and keep it blocked, also possible credit balances on the respective account will be frozen. The credit balance on the Double Account will only be transferred by SPITCH to the original account of the respective User if the User can prove (e.g. by means of the verification process) that he/she is the same authorised person for both accounts. In such a case, SPITCH is entitled to charge an administration fee of € 25.00 and, if applicable, to deduct the fee from the transferred credit.

2.18 You may only participate in SPITCH in person and not play on behalf of third parties.

2.19 SPITCH is not a financial institution and does not pay interest on balances or disbursements.

2.20 SPITCH is required by law to verify your identity when executing transactions above a threshold of €2,000. The threshold is the sum of all deposits and winnings within 180 days. This also applies if the sum of several transactions that appear to be linked reach this amount. SPITCH also reserves the right to carry out identity checks without giving reasons, even in the case of smaller sums or suspicious transactions.

2.21 It is your responsibility to immediately report any funds that are incorrectly credited to your account. Any winnings resulting from an error may be withheld.

2.22 SPITCH reserves the right to reject your application to open an account at its sole discretion and without giving reasons.

2.23 Deposits and withdrawals to and from the SPITCH account can be made through various payment systems such as credit cards, bank transfer, and other electronic payment methods through accounts in the name of the SPITCH account holder. Cash deposits and withdrawals are not possible. The processing of bank transfers usually takes between 5 and 30 working days.

2.24 SPITCH reserves the right to set minimum and/or maximum amounts for deposits. Possible restrictions and deposit fees will be indicated during the payment process.

2.25 All payments are made via secure connections, so that unauthorised access by third parties is prevented as far as possible.

2.26 SPITCH reserves the right to add, restrict or discontinue existing payment methods at any time and without prior notice.

2.27 Cancellation fees, charges for charge-backs, return debit notes and similar costs incurred by incorrect money deposits are to be borne by you and will be deducted from your account.

2.28 If you choose an electronic payment method, you exclude any revocation or similar action if the payment order is properly executed. Otherwise, the internationally recognised regulations and laws for electronic payment transactions apply.

3 Use of SPITCH and Player Protection

3.1 The use of any unfair methods in connection with the use of SPITCH is prohibited. This applies especially to participation in fraudulent activities. Likewise, the use of any tools such as, but not limited to, scripts, bots or spiders is strictly prohibited. If you violate this provision, SPITCH will proceed in accordance with paragraph 8.3 (h) and reserves the right to report any behaviour that may be criminally relevant.

3.2 All transactions are checked for possible money laundering activities. Any suspicious activity on an account may result in your details being reported to the relevant authorities and the funds in your SPITCH account being frozen. It is also possible to close your SPITCH account and confiscate the funds.

3.3 Player responsibly. If you have been diagnosed with problematic gaming behaviour or are under treatment for problematic gaming behaviour, you are not entitled to use SPITCH. In addition, you are obliged to inform SPITCH immediately at info@spitch.live or via our contact form if you have been diagnosed with problematic gaming behaviour or are undergoing treatment for problematic gaming behaviour. We expressly point out that the diagnosis of a clinical disorder can only be made by trained specialist personnel. If you can answer four or more of the following questions with yes , we recommend that you exclude yourself and contact a counselling centre:

  • Are you restless and easily irritable when you want to stop playing or reduce it?
  • Have you already made several attempts to control, reduce or stop playing altogether?
  • Are you often busy playing?
  • Do you often play when you are restless?
  • Do you try to make up for the losses of a previous gaming session on another day?
  • Are you lying to yourself about the extent of your gaming?
  • Have you risked or given up an important relationship, your job or your education and career to play?
  • Are you dependent on other people and their financial resources to survive a financial shortage caused by gaming?

3.4 However, SPITCH reserves the right to exclude you temporarily or indefinitely from using the Services if there is any indication that you are at risk of or addicted to gam bling. Furthermore, SPITCH allows you to independently regulate your participation and self-exclusion.

3.5 In addition to the self-exclusion, you may limit your monthly deposit limit at your discretion. Should you experience problematic gaming behaviour, you can independently limit your monthly expenditure for SPITCH participation. Changes to your deposit limit are activated immediately after saving. You will not be able to change your deposit limit setting again until 24 hours after the last activation.

3.6 You may at any time, particularly if you fear that you will develop problematic or pathological gaming behaviour, exclude yourself temporarily or indefinitely. You can exclude yourself from using SPITCH under “Player Protection” and the item Self-exclusion. For this purpose, you can select a limited or unlimited period of time. After you save this setting, self-exclusion will be activated immediately and you will be logged out immediately. As long as you are excluded from SPITCH, you will not be able to log in to your account. If you wish to shorten, lengthen or cancel the self-exclusion, please contact SPITCH 24 hours after activation, using the contact form. For your self-protection, SPITCH may only process changes to an unlimited self-exclusion 7 days after activation. This self-exclusion can be done online under “Player Protection” and self-exclusion or by sending a message to info@spitch.live or directly via our contact form.

3.7 For SPITCH, the period of self-exclusion does not start before it is fully implemented and stored. If you still have access to your SPITCH account despite having been notified of the implementation of your self-exclusion, it is your responsibility to notify SPITCH immediately of the deficient implementation of the self-exclusion.

3.8 A temporary self-exclusion of SPITCH can under no circumstances be lifted before the end of the self-exclusion period. The lifting of a permanent self-exclusion or exclusion by SPITCH is only possible by SPITCH and after the regulatory minimum period of 7 days has elapsed.

3.9 You may not open a new account, especially during an upright self-exclusion or exclusion by SPITCH. All self-exclusion measures or exclusions by SPITCH apply only to products that are distributed via the website or app.

4 Game Rules and Catalogue of Criteria

4.1 At the beginning of the game you put together your desired team from real football players of the respective league. To take part in the game, you must select a pitch in the “LOBBY”. Each pitch will present you in advance the maximum and minimum winnings to be achieved as well as the percentage of the most successful managers reaching the winning zone. You will only participate after confirmation of participation for your chosen pitch. With the confirmation you will play against all other participants of your selected pitch on the respective matchday. Your participation is valid for one matchday. Your lined up football players will collect points based on the events in real football matches. SPITCH evaluates the athletic performance of the different football players using a points catalogue (chapter 4.4). Only these events are considered by SPITCH. The participants with the most points are in the winning zone and win real money. The respective game round ends with the final whistle of the matchday.

4.2 SPITCH reserves the right to adjust the distribution of winnings at any time (even during a current matchday).

4.3 In order to participate in a pitch, the rules of the selected pitch must be followed.

4.4 Each lined up player in your team will receive points based on his performance in a real football match. The points per action can be found in the SPITCH points catalogue, which can be found at: https://www.spitch.live/punktekatalog/.

4.5 If one of your players is injured, suspended, not in the squad or on the bench for the whole match, that player will not receive any points.

4.6 Participation is always only valid for the matchday indicated.

5 Deadline for participation

Participation can take place at any time. However, those players whose game has already been whistled off will not score any points. Your team collects points from the moment you send out the confirmation of participation. The points achieved by a football player during the match before the confirmation of participation is sent will not be taken into account retroactively.

6 Winnings and Winning determination

6.1 All participants of a pitch fight for the entry into the winning zone. A participant’s win depends on his or her position on the leaderboard (ranking list) and the selected pitch.

6.2 Participants who do not reach the winning zone will not receive a winning. The winning will be automatically credited to your SPITCH account. In individual cases, the crediting of winnings to the respective SPITCH account may take up to 10 working days . Payment of the winning can be completely deferred if this is necessary, for example, for security reasons or to comply with legal regulations. This is particularly the case if internal processes to ensure compliance with statutory provisions make this necessary or if SPITCH has a legitimate interest in further clarification of the facts.

6.3 SPITCH reserves the right to block any withdrawal for the relevant sporting event if it suspects that the game has been tampered with until such time as it is determined by a court of law that tampering has taken place. In this case, without judicial clarification, only the deposit will be refunded.

6.4 Your participation in SPITCH is binding upon confirmation of your selected pitch. It is no longer possible to cancel at this point. Cancellations are therefore also not possible.

6.5 On certain matchdays and/or pitches, a minimum number of participants is required. If the specified number of participants is not reached, the game will be cancelled and the participation fee will be refunded in full to the SPITCH account.

6.6 If a scheduled match is cancelled, brought forward or postponed for any reason due to weather conditions, riots or other unforeseeable events, no points will be awarded in this match.

6.7 Statistics generated after the end of the match may not be included in the game if they are not available from our external provider before the end of the match. If a game is ended prematurely and statistics from the external provider are available, these statistics will count for the respective game.

6.8 SPITCH reserves the right to cancel a game at its sole discretion and without restriction if it suspects manipulation. As a rule, this will only be done in cases in which SPITCH assumes that failure to cancel will have far-reaching consequences for the integrity of a game.

6.9 The provision of player data, league statistics and background information is provided by our external provider. SPITCH itself does not collect any data regarding players, teams and leagues. The service also includes the constant checking of the teams and the players available in them for the respective competitions. SPITCH assumes no guarantee or liability for the information and statistics provided by the external provider. The external provider provides scores using its own company registration system. The assessment of these statistics, i.e. whether, for example, a pass is to be assessed as such or whether a shot is considered a “goal shot” or “missed the goal”, is solely the responsibility of the external provider. These rules apply to all real players, so there are no advantages or disadvantages. If SPITCH, due to erroneous information provided by the external provider, reaches an erroneous score after all matches of the game have been completed and the winnings have already been distributed, later corrections will not be taken into account and the awarding of the winnings will not be affected.

6.10 The external provider provides SPITCH with the final statistics after the game has ended. Based on these statistics, SPITCH will calculate the results of each game. In individual cases, the external provider is forced to correct its statistics, even after the end of a match within a game for which the score was already fixed. Such corrections are made in rare cases, but this is still possible after days. For this reason, such corrections, after the end of the game, do not affect the originally determined results. This is different in the case of a correction made by SPITCH after a match due to an error in data processing or the evaluation process. In this case, SPITCH will check the winning distribution in order to make a recalculation.

6.11 SPITCH assumes no liability for input, transmission and/or evaluation errors. In particular, SPITCH reserves the right to correct errors in the input of the prize pool, maximum winnings or the evaluation of results (e.g. typing errors) (even after the event) or to declare the games concerned invalid.

6.12 SPITCH does not guarantee the accuracy, completeness or actuality of the information services provided, e.g. on live events.

7 Withdrawal

7.1 You can withdraw an existing balance or part of it from your SPITCH account at any time.

7.2 Withdrawals are possible from a minimum amount of 5.00 €. A processing fee of 3.00 € is charged for each withdrawal.

7.3 If you should reach the limit of € 2,000.00 within 180 days, you must verify your SPITCH account. The threshold value is the sum of all deposits and winnings within a period of 180 days. As long as your account is not fully verified, you will not be able to withdraw. You must provide the requested information within 30 days from the time you are asked to verify.

For verification, you must send an e-mail with your user name, e-mail address , name and address and a verifiable photo to verify@spitch.live. The e-mail must also contain information (yes or no) as whether you are to be understood as a politically exposed person . A politically exposed person is a politician or a person in the immediate environment of a politician.

The verifiable photo (Portrait-ID photo) must contain your portrait and the corresponding identification document, next to your face. If the ID document contains more than one relevant page, one photo with a portrait of each, the front and back of the document, must be provided.

7.4 Withdrawals are made through the same account or the same payment method that was used for the deposit (so-called closed loop policy). If you wish to use a different payment method for the withdrawal than that used for the deposit, you must first verify your identity. Please contact info@spitch.live for this purpose .

8 Delete or disable Account

8.1 You can delete your account in “Settings”.

8.2 SPITCH reserves the right, in its sole discretion, to close your account at any time without prior notice. You will be notified of any such action by email. Any previous deposits and outstanding games that are valid and do not violate these Terms and Conditions will not be affected by the closure of the Account.

8.3 SPITCH reserves the right to withhold any funds in the Account and/or deactivate the Account should SPITCH have reasonable grounds to believe that

a. you have more than one active account with SPITCH
b. Your name and other details do not match the name and other details on your credit or debit card or other payment accounts used for deposits at SPITCH;
c. you have provided incorrect or misleading information during registration and/or in the course of your contractual relationship with SPITCH
d. They do not provide the requested identity documents for verification within the requested period of time;
e. you have not reached the age of 18
f. you use the SPITCH product offering from a country where the services offered are prohibited by law;
g. you deposit funds derived from criminal, other illegal or unauthorised activities
h. You are cheating, attempting to cheat or have cheated anyone or you have applied or used any system (including machines, robots, computers, software or other automated systems) designed or capable of damaging the Customer Application and/or Software, or you are colluding or attempting to collude with other customers to defraud SPITCH or other customers;
i. you have(knowingly or unknowingly) enabled a third party to use your account;
j. you are in breach of this contract and thus of the general terms and conditions;
k. you participate in games on behalf or for the account of bookmakers, agents or their employees.

9 Fee for inactive accounts

If you do not log in to your account on the Website or the App for a period of twelve (12) months or longer, SPITCH will charge a service fee (“the Inactive Account Fee”) of € 5.00 per month (30 days) until either you run out of balance in your account or the account is inactive for a total period of 30 months. The administration fee will be debited from your account the day after the end of the period and every 30 days thereafter. If, despite a written reminder, you are inactive for a period of 30 months, SPITCH will retain all outstanding balances and close your Account to secure your remaining balance. You may contact our support team at any time to request a refund of any credit balance you have held.

10 Data protection

The protection of your personal data is very important to SPITCH. Our data protection regulations describe in detail what personal data is collected from you and how this data is collected, processed and stored by us. Personal data is information about the personal or material circumstances of an identified or identifiable person. This includes your name, address and date of birth. All information provided by you must be accurate and complete in every respect. We comply with all applicable data protection laws in relation to the personal data we process about you and will only use your personal data in accordance with our Privacy Policy.

If you continue to use our services after this Privacy Policy is posted, you agree to the terms of this Privacy Policy and to the use of your personal information in accordance with these terms.

This privacy policy may be amended from time to time, particularly in the event of changes in the law, the introduction of new legislation or the modification or extension of our range of services. Our website allows you to view our privacy policy, and any changes to it, at any time. We therefore recommend that you check the data protection regulations regularly.

You can find detailed information about your personal data in our privacy policy: https://www.spitch.live/en/privacy.

11 Complaints

11.1 In the event of a possible dissatisfaction, you can make a complaint to SPITCH using the contact form https://www.spitch.live/. SPITCH will endeavour to respond to your complaint within 48 hours and to complete your case within 10 days from the time of the complaint. In certain cases, this period may be extended by a further 10 days.

11.2 If you do not agree with the decision, you can contact the following independent and accredited conciliation body responsible for SPITCH: MADRE (https://madre-online.eu/).

11.3 Complaints regarding certain withdrawals can only be accepted up to 30 days after the booking date.

11.4 If you are not satisfied with the handling of your complaint, you may contact MGA directly by sending an email to support.mga@mga.org.mt. Please note that only serious complaints should be reported to the Authority.

Your SPITCH Team
Stand: 17.09.2020