Twelve a Side

TERMS & CONDITIONS

Twelve A Side

Terms and Conditions of Use
Last Update: September 23, 2021.
1. Introduction

You are choosing to use Twelve A Side (“12aside,” “we,” “us,” “our”). Please read these Terms, our Privacy Policy and documents related thereto carefully. 12aside provides innovative indexes and the results of algorithms to predict the outcome of football games. By signing up any of these 12aside services (the “12aside Service” or “Service”), or accessing any content or material that is made available through the Service (the “Material”) you are entering into a binding contract with the Twelve a Side LTD.

Your agreement with us includes these Terms and any additional terms that you agree to, such as the Privacy Policy, etc. (the "Agreements"). If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on 12aside’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the 12aside Service or access any Material.

Conditions to use the 12aside Service and access any Material:

  • Meet the age requirements (18+) to provide your consent in accordance with the laws applicable in the jurisdiction where you are resident; and
  • Have the power to enter a binding contract with us under any applicable laws; and
  • Reside in a country where Service is available.
  • Represent that any information that you submit to 12aside is true and accurate, and you agree to keep it that way at all times.

2. Changes to the Agreements

Occasionally we may make changes to the Agreements including but not limited to improve the existing functions or features or to add new features to the Service, implement advancements in science and technology, and technical adjustments to the Service, ensure the operability or the security of the Service, and for legal reasons.

We may notify you in advance of any material change and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service, you may terminate your account by contacting us.

3. Service Options

A description of our Service options is available on our website. Certain options are provided to you free-of-charge (“Free Service”), while others require payment before you can access them (the “Paid Subscriptions”). We also offer from time to time special promotional plans, or services. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
Should you purchase or receive a code or other offer provided or sold by or on behalf of 12aside for access to a Paid Subscription (“Offer”), separate terms and conditions may or may not apply to your access to the Service and you agree to comply with any such terms and conditions.

4. Payments and cancellations

4.1 Billing
You get access to a Paid Subscription by paying a subscription fee in advance on a monthly, three months, six months or yearly basis or some other recurring interval agreed upon with you;

12aside may increase the price for the Paid Subscriptions, or Offers, from time to time and will communicate any price changes to you in advance. Price changes take effect at the start of the next subscription period following the change in price and by continuing to use the 12aside Service after the price change you accept the new price. If you do not agree with it, you have the right to unsubscribe from the Paid Subscription prior to the price change going into effect.

12aside may decrease the price for the Paid Subscriptions, or Offers, from time to time and may or may not communicate any decrease in price to you in advance. Said decrease will not become applicable to you until the next billing event.

4.2 Renewal; Cancellation
Your payment to 12aside will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service, and we will not refund any subscription fees already paid to us.

5. Using 12aside

The 12aside Service and the Material are the property of 12aside. We grant you limited, non-exclusive, revocable permission to make use of the 12aside Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Material (collectively, “Use”). This Use shall continue until and unless terminated by you or 12aside. You undertake that you are using the 12aside Service and Material for your own personal, non-commercial use and that you will not redistribute or transfer the 12aside Service or the Material.

The 12aside software applications and the Material are not sold or transferred to you, and 12aside retains ownership of all copies of the 12aside software applications and Material even after installation on your personal computers, tablets and other devices (“Devices”).

All 12aside trademarks, logos, domain names, and any other features of the 12aside brand (“Brand”) are the sole property of 12aside. The Agreements do not grant you any rights to use the Brand whether for commercial or non-commercial use.

Third party software included in the 12aside Service are made available to you under the relevant third party software library’s license terms.

6. Third Party Applications and Devices

The 12aside Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the 12aside Service available to you. These Third Party Applications and Devices may have their own terms and conditions and privacy policies to which the Use will be governed. You understand that 12aside is not responsible or liable for the features or Material of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does 12aside warrant the compatibility of the Third Party Applications and Devices with the Service.

7. Rights you grant us

In return for the rights granted to you, you expressly give your consent and grant us the right to allow the 12aside Service:

  • to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service;
  • to send you emails to the email address you have shared with us including but not limited to emails related to the Services, your Paid Subscription, Offer, and promotional emails.
  • to provide advertising and other information to you; and
  • to allow our business partners to do the same.
In any part of the 12aside Service, the Material you access, including its selection and placement, may be influenced by commercial considerations, including allow the 12aside’s agreements with third parties. Some Material licensed by, provided to, created by or otherwise made available by 12aside may contain advertising as part of the Material. If you provide feedback, ideas, or suggestions to 12aside in connection with the 12aside Service or Material (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize 12aside to use that Feedback without restriction and without payment to you.

8. User guidelines

In order to ensure that 12aside is safe and enjoyable to everyone, you must follow these rules, most notably when taking part in the blogs. We take the safety and wellbeing of our community very seriously. The following is not permitted for any reason whatsoever, whether while using the Service or while responding to or sending any email to us:

  • copying, redistributing, or displaying to the public any part of the 12aside Service or the Material, or otherwise making any use of the 12aside Service or the Material which is not expressly allowed under the Agreements or applicable law or which otherwise infringes the intellectual property rights referred to in the Agreements;
  • providing your password to any other person or using any other person’s username and password;
  • selling, renting, sublicensing, or leasing of any part of the 12aside Service or the Material;
  • using the 12aside Service to import or copy any content that you do not have the legal right to import or copy;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the 12aside Service and Material except to the extent permitted by applicable law;
  • circumventing any technology used by 12aside or third party to protect the Material or the Service;
  • circumventing any territorial restrictions applied by 12aside or its licensors;
  • removing or altering any intellectual property notices contained on the Material or the Service or provided through the Service;
  • circumventing or blocking advertisements in the 12aside Service, or creating or distributing tools designed to block advertisements in the 12aside Service;
  • Accessing the 12aside Service or using any automated means (such as bots) to access, or collect information from the 12aside Service, and artificially promoting Material by automated means or otherwise; or
  • selling a user account or offering to accept any compensation, to influence the name or the content of an account.
  • In general, sending any content that is illegal or content that is harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law.
We expect you to respect 12aside, the owners of the Material, and other users of the 12aside Service. Don’t engage in any activity, use a username, which is or includes material that:
  • is offensive, abusive, defamatory, obscene, threatening, or pornographic;
  • intends to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights;
  • includes your password or any other user’s password (on purpose) or personal data of third parties;
  • includes malicious content such viruses;
  • harasses or bullies other users;
  • impersonates another user, person, or entity, or is fraudulent or misleading;
  • involves the transmission of spam, junk mail, chain letters, etc.;
  • involves commercial or sales activities (advertising, promotions, contests, links) without the prior written consent of 12aside;
  • contravenes to the Agreements, at 12aside's sole discretion.
You acknowledge and agree that posting any content that violates these aforementioned guidelines (as considered by 12aside) may result in immediate termination or suspension of your account. You also agree that 12aside may reclaim your username where it is reasonable to do so.

9. Infringement and reporting content

If you believe that any Material infringes your intellectual property rights or other rights, please get in contact with 12aside. If 12aside is notified by a copyright holder, that any Material infringes a copyright, 12aside may in its sole discretion remove such content from the Service. If you believe that any content does not comply with our guidelines, inform us.

10. Service limitations and modifications

12aside will make reasonable efforts to keep the 12aside Service operational. However temporary interrupt may result from certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements. 12aside reserves the right to modify or discontinue features of the 12aside Service for valid reasons such as in case of genuine interruption, modification, or discontinuation of the 12aside Service or any feature thereof, or need to repair, maintain or improve the existing features, or to add new features to the Service.

11. Term and termination

You may, at any time, unsubscribe to our mailing services. Unsubscribing to the mailing services shall not affect nor terminate this Agreement. That being said, you acknowledge and understand that our only way to communicate with you other than through the emails we send to your registered email address would be through the Service on your account. In other words, you would not be able to get any updates regarding the Services, including but not limited to your Paid Subscription, unless you access your account.

The Agreements will continue to apply to you until terminated by either you or 12aside. You agree that the perpetual license granted by you in relation to content posted by you most notably in the blog section and feedback, is irrevocable and service the termination of the Agreements. 12aside may terminate the Agreements or suspend your access to the 12aside Service at any time should you breach or should 12aside suspects you of breaching the Agreements. If you or 12aside terminate the Agreements, or if 12aside suspends your access to the 12aside Service, you agree that 12aside shall have no liability or responsibility to you, and 12aside will not refund any amounts that you have already paid.

Any sections of the Agreements that explicitly or by their nature must survive the termination of the Agreements, shall survive termination.

12. Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE 12ASIDE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. 12ASIDE AND ALL OWNERS OF THE MATERIAL MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY OR NON-INFRINGEMENT. IN ADDITION, 12ASIDE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE MATERIAL THEREOF), MATERIAL, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE 12ASIDE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND 12ASIDE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

13. Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE 12ASIDE SERVICE IS TO STOP USING THE 12ASIDE SERVICE. YOU AGREE THAT 12ASIDE HAS NO OBLIGATION OR LIABILITY ARISING FROM THIRD PARTY APPLICATIONS.

12ASIDE IS MERELY PROVIDING PREDICTIONS REGARDING THE OUTCOME OF FOOTBALL GAMES AND IS THEREFORE NOT LIABLE FOR ANY DISCREPANCY BETWEEN THE PREDICTIONS AND THE ACTUAL FINAL SCORES,

IN NO EVENT WILL 12ASIDE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR MATERIAL OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE 12ASIDE SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION MATERIAL, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER 12ASIDE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND 12ASIDE'S REASONABLE CONTROL.

Nothing in the Agreements removes or limits 12aside's liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

This section applies to the fullest extent permitted by applicable law.

14. Third party rights

You acknowledge and agree that the owners of the Material and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you.

15. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and 12aside, the Agreements constitute all the terms and conditions agreed upon between you and 12aside and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

16. Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by 12aside or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive 12aside or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

17. Assignment

12aside may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and 12aside may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

18. Indemnification

You agree to indemnify and hold 12aside harmless from and against all damages, losses, and expenses of any kind arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any content you post or otherwise contribute; (3) any activity in which you engage on or through the 12aside Service; and (4) your violation of any law or the rights of a third party.

19. Governing Law / Jurisdiction

the Agreements and any non-contractual disputes/claims arising out of or in connection with them are subject to the laws in force in the Republic of Cyprus, without regard to choice or conflicts of law principles.

Further, you and 12aside agree to the jurisdiction of the courts of the Republic of Cyprus.

20. Contact us

If you have any questions concerning the 12aside Service or the Agreements, please contact us through the website. Contact Us