Talk to us
EN

Terms of Service

1. Introduction & Applicability

These Terms of Service (“Terms”) are entered into by and between NovaPlay N.V. (“NovaPlay”, “we,” “us,” “our”), a corporate entity established and registered under the laws of Curaçao, and the business entity accessing our Services (“Licensee”, “Customer”, “You”).

NovaPlay provides an enterprise business-to-business (B2B) high-speed lottery games platform and software aggregation infrastructure (“Services”) that allows access to SGWIN games. These Terms exclusively govern your corporate use of our Services, server architectures, and API integrations.

The use of our Services is strictly tied to your full adherence to our Corporate Privacy Policy and our Anti-Money Laundering (AML) Policy, which are fully integrated into these Terms. For the avoidance of doubt, our Services are offered strictly within a B2B environment; NovaPlay does not maintain retail player accounts, settle consumer wagers, or manage consumer wallets.

2. Acceptance, Authorization, & Scope of Use

By integrating our APIs, utilizing our digital assets, or deploying our software solutions, you warrant and represent that:

  • You are an authorized corporate representative with the legal capacity to bind your organization to these Terms.
  • You possess and will maintain all necessary corporate, regulatory, and gaming operational licenses and suppliers’ registration required by the Curaçao Gaming Authority (CGA) under the National Ordinance on Games of Chance (LOK) or your respective local sovereign jurisdictions.
  • You will not utilize our Services in an unlawful manner, nor deploy our gaming streams within restricted or unauthorized jurisdictions.
  • You will not attempt to alter, decompile, reverse-engineer, or breach the security perimeters of NovaPlay's server and software configurations.

3. Software License Grant & Downstream Distribution Limitations

Subject to your continuous compliance with these Terms, NovaPlay grants you a non-exclusive, non-transferable, and non-sublicensable license (except as expressly authorized herein for downstream distribution to vetted B2C Operators) to:

  • Integrate our game engines into your authorized platform architecture for the sole purpose of providing gaming services to licensed Operators.
  • Permit the end-user players of your authorized Operators to load and play the games via the Operators' verified domains.

Licensee Restrictions: You are contractually obligated to ensure that no downstream Operator grants access to our games to any retail player under the age of 18 (or the statutory age of majority / gambling threshold in the player's or operator's governing jurisdiction, whichever is higher). You accept full commercial and regulatory responsibility for ensuring that your distribution channels exclude minors and permanently banned or self-excluded individuals according to the local mandates governing each respective Operator. Furthermore, the Customer shall ensure that the Customer and each downstream Operator shall observe all rights and obligations arising from or connected to the LOK and all guidelines and policies published by the CGA.

4. Intellectual Property Rights

All rights, titles, and interests in and to the Services—including website architecture, graphics, games, computer code, underlying source code, mathematical models, sound designs, audio-visual assets, documentation, and proprietary mechanics—are owned exclusively by or licensed directly to NovaPlay.

Nothing within these Terms grants the Customer or any downstream Operator any ownership interest or rights over NovaPlay’s intellectual property, trade names, trademarks, or proprietary designs. Any reproduction, cloning, or distribution of our games without express written permission is strictly prohibited and will result in immediate termination of service and referral to competent legal authorities for enforcement.

5. Data Protection

Data processing within our platform architecture is governed strictly by the NovaPlay Data Processing & Privacy Policy, which is aligned with the Curaçao’s National Ordinance Personal Data Protection (Landsverordening bescherming persoonsgegevens (LBP) No. 84 dated 4 September 2010). Licensees are responsible for ensuring that any transmission of player tokens or anonymous identifiers via our API satisfies local data minimization principles and any other data privacy laws and regulations applicable to the relevant Licensees and downstream Operators in view of personal data.

6. Anti-Money Laundering (AML) & KYC Pass-Through Mandate

As an enterprise Customer of our Services, you warrant and guarantee that you have implemented and will continuously enforce industry-standard Know Your Business (KYB) and Know Your Customer (KYC) procedures that satisfy all applicable anti-money laundering regulations.

You must contractually mandate that all downstream B2C Operators collect, verify, and archive standard player identification parameters (including full legal name, date of birth, photo identification, and residential verification). Furthermore, you must ensure that statutory verification and Customer Due Diligence (CDD) thresholds are strictly enforced based on the operator's governing jurisdiction:

  • For Curaçao-licensed Operators: Full identification and source of funds checks must be completed at or before the statutory threshold of 4,000 Caribbean Guilders (XCG), or its currency equivalent, in cumulative transaction volume in accordance with the National Ordinance on Identification when Rendering Services (NOIS/ LID) and the National Ordinance on the Reporting of Unusual Transactions (NORUT/ LMOT).
  • For Operators in Other Jurisdictions: Full verification must be executed at or before the specific statutory thresholds mandated by their respective sovereign gaming and financial regulatory bodies.

Failure to verify and maintain these AML standards across your distribution channels constitutes a material breach of this Agreement and will result in immediate suspension of your game feeds and reporting to the competent local authorities, including FIU Curaçao via the goAML portal where applicable.

7. Limitation of Liability

  • Liability Cap: NovaPlay's maximum aggregate liability to you under this Agreement, whether arising out of contract, tort, or breach of statutory duty, shall be strictly limited to the total Monthly Royalty Fees actually paid by the Customer to NovaPlay during the calendar year in which the specific event giving rise to the liability occurred.
  • Exclusion of Consequential Damages: NovaPlay shall under no circumstances be liable to the Customer, downstream Operators, or any third party for indirect, incidental, special, or consequential damages. This includes loss of business profits, loss of market opportunity, data corruption, or infrastructure downtime.
  • Third-Party Conduct: NovaPlay assumes no liability for the regulatory breaches, consumer fraud, system hacks, or legal violations committed by your downstream Operators or their retail players.
  • Standard of Care: NovaPlay is liable only for direct damages proven to have been caused directly by our gross negligence or willful corporate misconduct.
  • Indemnification: Save in an event of intent (opzet) or deliberate recklessness (bewuste roekeloosheid) by Novaplay, the Customer shall indemnify and hold Novaplay, its affiliated persons and third parties engaged by Novaplay harmless from and against all actions, claims or demands of downstream Operators, End-Users and others – including the actual costs to be incurred by Novaplay, its affiliated persons and third parties engaged by Novaplay in connection therewith – arising from or relating in any way to the Services provided by Novaplay and/or its affiliated persons and/or third parties engaged by Novaplay to the Customer.

8. Warranties & Indemnification

The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular gaming operation. The Customer agrees to fully indemnify, defend, and hold harmless NovaPlay against any legal claims, regulatory fines, or losses arising from the Customer's failure to enforce downstream KYC, age verification, or regional geo-blocking compliance.

9. Governing Law & Jurisdiction

  • Governing Law: These Terms, and any dispute, controversy, or claim arising out of or in connection with them or their subject matter, shall be governed exclusively by, and construed in accordance with, the laws of Curaçao.
  • Exclusive Jurisdiction: The Parties irrevocably agree that the courts of Curaçao shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their operational execution.

10. Amendments & Changes to Terms

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Service and any incorporated policies at any time.