Terms &
Conditions

§ 1 – Scope and Contracting Parties

1.1 Provider

These Terms and Conditions (T&C) apply to all contracts for the purchase of software licenses for EPTS – Elias Poker Tournament System between

– hereinafter referred to as Elias Poker Tournament System or "EPTS" – and the customer.

1.2 Customer

Customer within the meaning of these T&C is any natural or legal person who acquires a license for the EPTS Poker Tournament System.

1.3 Exclusive Application

Only these T&C in their version valid at the time of the order shall apply. Deviating, conflicting or supplementary T&C of the customer shall not become part of the contract unless the provider expressly agrees to their application in writing.

§ 2 – Subject Matter and License Models

2.1 Scope of Services

The subject matter of the contract is the granting of a non-exclusive, non-transferable license – either for a fixed term or unlimited – to use the EPTS Poker Tournament System (hereinafter referred to as "Software").

The software enables:

• Management and running of poker tournaments
• Player management (up to 112 players per tournament)
• Blind level timer and structure management
• Statistics and reporting functions
• Rankings and leaderboards

2.2 License Models

The provider offers the following license models:

2.3 Included Services

All license models include:

• Full access to all software features
• Free updates during the license period
• E-mail support
• Use on 1 device simultaneously
• Use for private and commercial poker tournaments

§ 3 – Contract Formation and Order Process

3.1 Contract Formation

The contract is formed by written agreement between the provider and the customer. The presentation of license models on the website does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer (invitatio ad offerendum).

3.2 Order Process

1. The customer contacts the provider by e-mail or via the contact form
2. The provider creates an individual offer with license type and price
3. The contract is concluded upon acceptance of the offer by the customer
4. The customer receives an order confirmation by e-mail
5. The license is activated after receipt of payment

3.3 Contract Language

The language available for the conclusion of the contract is German. An individual contract text is not stored by the provider. These T&C are available at any time on the EPTS website.

§ 4 – Prices and Payment

4.1 Prices

All stated prices are final prices and include the statutory value added tax of 20% (pursuant to Austrian VAT Act). The currently applicable prices are stated in the individual offer.

4.2 Payment Methods

Payment is made by:

• SEPA bank transfer

4.3 License Activation After Payment

The license is activated within 72 hours of full receipt of payment in the provider's account. The customer receives the license key by e-mail to the address provided at the time of contract formation.

§ 5 – Delivery and License Activation

5.1 Delivery of the License Key

Delivery is exclusively electronic. After full receipt of payment the customer receives an individual license key by e-mail.

5.2 Activation

The license key is bound to 1 device at a time. Activation occurs automatically upon the first login on the EPTS website.

5.3 Device Management

The customer can change their active device at any time independently. A simple logout via the account area, accessible via "My Account" in the website footer, is sufficient. After the next login on a different device, that device is automatically registered as the active device. Simultaneous use on more than one device is technically not possible.

5.4 System Requirements

The following requirements are necessary for using the software:

• Internet connection (active connection required during use)
• Current web browser (Chrome, Firefox, Safari, Edge)
• Operating system: Windows 10+, macOS 11+, Linux (current distribution)
• At least 4 GB RAM
• Screen resolution of at least 1280 x 720 pixels

§ 6 – Usage Rights and Restrictions

6.1 Rights Granted

The provider grants the customer a non-exclusive, non-transferable and time-limited (or in the case of the VIP LICENSE unlimited) right to use the software.

6.2 Permitted Use

The software may only be used for the following purposes:

• Organisation and running of private poker tournaments
• Organisation and running of commercial poker tournaments (e.g. in casinos, poker clubs)
• Management of up to 112 players per tournament

6.3 Prohibited Use

The following actions are expressly prohibited and constitute a serious breach of these T&C:

6.4 Consequences of Violations

In the event of violations of these usage restrictions the provider is entitled to immediately revoke the license without refund and to take legal action for damages.

§ 7 – Withdrawal / Right of Cancellation

7.1 Exclusion of Right of Withdrawal

Since the subject matter of the contract is a digital product (software license delivered electronically), the statutory right of withdrawal for consumers does not apply pursuant to § 18 para. 1 no. 13 FAGG (Austrian Distance and Off-Premises Contracts Act), provided the customer has expressly consented to immediate performance and has been informed that the right of withdrawal expires upon complete performance.

7.2 Exceptions

If the license has not yet been activated, a withdrawal may be possible by mutual agreement within 14 days. Please contact us immediately at elias.schiegl@gmail.com.

§ 8 – Warranty

8.1 Software Condition at Handover

The provider warrants that the software, at the time of license activation, has the functions described in § 2 and is free from defects that would significantly impair its use.

8.2 Notification of Defects

The customer must notify the provider of any defects in writing (by e-mail) without delay after discovery. Late notification of defects may result in the loss of warranty rights.

8.3 Warranty Exclusions

The warranty does not cover:

• Defects caused by improper use by the customer
• Defects due to inadequate system requirements
• Defects arising from unauthorized modifications
• Temporary unavailability due to maintenance or force majeure

§ 9 – Liability and Availability

9.1 Scope of Liability

The provider is liable without limitation for damages resulting from injury to life, body or health, for damages caused by willful intent or gross negligence, and in the case of assumed guarantees or mandatory statutory provisions.

9.2 Limitation of Liability

The provider is only liable for intent and gross negligence. Liability for slight negligence is excluded insofar as life, body or health are not affected.

The provider is not liable in particular for:

• Data loss due to missing backups by the customer
• Damages due to force majeure, internet outages or third-party server failures
• Loss of profit or indirect damages
• Improper use by the customer

9.3 Availability

The provider strives for the highest possible availability of the software. However, 100% availability cannot be guaranteed. Maintenance work will be announced in advance where possible.

§ 10 – Updates and Support

10.1 Updates

During the license period the customer receives free updates and feature extensions of the software. Updates are provided automatically or can be installed manually by the customer.

10.2 Support Services

The provider offers the following support:

• E-mail support: Responses to inquiries within 48 hours (business days)
• Personal support: By prior arrangement via e-mail or phone

10.3 Support Exclusions

Support is not provided for:

• Errors caused by unauthorized modifications
• Problems due to inadequate system requirements
• Questions that can be answered through independent use of the software

§ 11 – Contract Duration and Termination

11.1 Contract Duration

The contract duration depends on the chosen license model:

• DEALER LICENSE: 3 months from activation
• HIGH ROLLER LICENSE: 12 months from activation
• ROYAL LICENSE: 24 months from activation
• VIP LICENSE: Unlimited (Lifetime)

11.2 Automatic Contract Expiry

Time-limited licenses (DEALER, HIGH ROLLER, ROYAL) expire automatically at the end of the license period. No notice of termination is required. There is no automatic renewal unless expressly agreed.

11.3 Extraordinary Termination by the Provider

The provider is entitled to terminate the contract with immediate effect for good cause. Good cause exists in particular in the event of:

• Breach of the terms of use (§ 6)
• Non-payment of the agreed license fee despite reminder
• Misuse of the software for illegal purposes
• Transfer of the license key to third parties

11.4 Consequences of Termination

Upon termination of the contract the right of use expires. The customer is obligated to cease using the software and delete the license key. In the event of extraordinary termination by the provider there is no entitlement to a refund of amounts already paid.

§ 12 – Data Protection

12.1 Data Processing

The provider processes personal data of the customer exclusively within the framework of applicable data protection regulations (GDPR). Detailed information on data processing can be found in our Privacy Policy.

12.2 Data Collected

The following data is collected for contract processing:

• Name and contact details (e-mail address)
• Billing address (for business customers)
• Payment information (IBAN for bank transfer)
• License key and activation data
• Usage data (anonymized for statistics)

12.3 Data Security

The provider implements technical and organizational measures to protect the customer's data from unauthorized access, loss or misuse. Data transmission is encrypted via HTTPS.

12.4 Customer Data in the Software

Tournament data and player statistics created by the customer in the software are stored on the provider's servers. The customer has the right at any time to export or have their data deleted.

§ 13 – Intellectual Property and Copyright

13.1 Copyright

The software and all associated content (texts, graphics, logos, icons, images, audio and video clips and software) are protected by copyright and are the property of the provider or its licensors.

13.2 Trademark Rights

The trademark "EPTS" and the logo are protected. Use, reproduction or distribution without express written permission is prohibited.

13.3 Protection Against Reverse Engineering

The customer undertakes not to decompile, disassemble or otherwise attempt to disclose the source code of the software. This also applies to automated tools or manual attempts.

13.4 Rights to Customer Data

The customer retains all rights to the data entered into the software (tournament data, player statistics, etc.). The provider acquires no rights thereto and uses this data exclusively for contract fulfillment.

§ 14 – Changes to the T&C

14.1 Right to Change

The provider reserves the right to amend these T&C. Changes will be communicated to the customer by e-mail at least two weeks before they take effect.

14.2 Consent to Changes

If the customer does not object to the changes within two weeks of receiving the notification of change, the amended T&C are deemed accepted. The provider will specifically draw the customer's attention to this consequence in the notification of change.

14.3 Right to Object

If the customer objects to the amended T&C in a timely manner, the provider is entitled to terminate the contract at the time the changes take effect. Until then, the previous T&C continue to apply.

§ 15 – Dispute Resolution

15.1 EU Dispute Resolution

The European Commission provides an online dispute resolution platform, which you can find at https://ec.europa.eu/consumers/odr.

15.2 Consumer Dispute Resolution

The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

15.3 Out-of-Court Settlement

In the event of disputes the provider first seeks an out-of-court settlement. Customers are asked to contact support directly in the event of problems: elias.schiegl@gmail.com

§ 16 – Final Provisions

16.1 Applicable Law

All legal relations between the provider and the customer shall be governed exclusively by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.

16.2 Place of Jurisdiction

If the customer is a merchant within the meaning of the Austrian Commercial Code (UGB), a legal entity under public law or a public-law special fund, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the provider's registered office in Langenlois, Lower Austria.

For consumers, the statutory provisions on local and international jurisdiction apply.

16.3 Severability Clause

Should individual provisions of these T&C be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid rule that comes closest to the economic purpose of the invalid provision.

16.4 Written Form Requirement

Amendments or additions to these T&C require written form to be effective. This also applies to any waiver of the written form requirement itself. E-mail is sufficient to satisfy the written form requirement.

16.5 Contract Language

The contract language is German. Translations of these T&C into other languages are for information purposes only. In case of doubt, the German version shall prevail.

§ 17 – Contact and Support

17.1 Contact Details

For questions about these T&C or the software please contact:

17.2 Support Hours

Our support is available:
Monday to Friday: 9:00 AM – 6:00 PM (CET)
Saturday, Sunday and public holidays: Closed

E-mail inquiries are answered within 48 hours (business days).