Terms and Conditions

Version 2026-05-09 · effective from 22/06/2026

Terms and Conditions

Version: 2026-05-09

This document is a translation of the original Czech version. In the event of any discrepancy between language versions, the Czech version shall prevail.

1. Introductory Provisions and Parties

1.1 These terms and conditions (the "Terms") govern the rights and obligations between:

duelgo s.r.o. IČO: 23846356 Registered office: Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic E-mail: info@duelgo.fun Web: duelgo.fun (the "Operator")

and the user who creates an Account with the Operator (the "User" or "Client").

1.2 The Operator provides the User with the online platform duelgo available at the domain duelgo.fun and its subdomains (the "Platform"), which serves to create interactive chat games, betting games, contests, polls, marketing activations and similar digital content (a "Duelgo").

1.3 These Terms form an integral part of the service agreement concluded between the Operator and the User. The following also form part of the agreement together with them:

• Privacy Policy (PP)
• Data Processing Agreement (DPA), where applicable
• Cookies Information
• Current Price List
• Current List of Subprocessors

1.4 By registering, the User confirms that they have read these Terms, understand them and agree to them.

2. Definitions

In these Terms, the following capitalised terms have the following meaning:

3. User Account

3.1 Registration. An Account is created by registering via an e-mail address and a verification code, or via the Google / Apple Sign-in service. The User is obliged to provide truthful, accurate and current information.

3.2 Age limits. a) The Platform is intended for persons aged 15 and over. Younger users may use the Platform only with the consent of a legal guardian within the meaning of Article 8 GDPR and Section 7 of Act No. 110/2019 Coll. b) Paid Plans are available to natural persons as well as entrepreneurs. In the event of a dispute concerning a minor payer, the relevant provisions of the CC shall apply. c) If the User creates an Account on behalf of an entrepreneur or organisation, they represent that they are authorised to act on behalf of that person.

3.3 Access security. Access credentials to the Account are non-public. The User is responsible for their protection and for all activity carried out under their Account. Without the prior written consent of the Operator, the User shall not allow third parties to access the Account.

3.4 Restriction or cancellation of the Account by the Operator. The Operator is entitled to temporarily restrict, block or cancel the Account, in particular in the event of: a) a material breach of these Terms, b) unlawful conduct by the User, c) misuse of the Platform, d) infringement of third-party rights, e) dissemination of objectionable or inappropriate User Content (see § 5), f) endangering the security of the Platform or other users, g) being in default with payment of the Price for more than 14 days.

3.5 Procedure for restriction. Except in serious cases (in particular unlawful content, a security incident), before cancelling the Account the Operator shall call upon the User to remedy the situation and provide them with a reasonable period — as a rule 5 business days.

3.6 Repeat offender policy. If three or more complaints under § 5.7 have been recognised as well-founded in connection with the User's Account during the past 12 months, the Operator shall suspend the Account for 30 days. Upon a further well-founded breach within 12 months after the Account is restored, the Operator shall permanently cancel the Account. The User may file an objection against the recognition of a complaint as well-founded by e-mail to info@duelgo.fun within 14 days; pending the resolution of the objection, the Operator shall keep the Account in suspended mode.

3.7 Cancellation of the Account by the User. The User may cancel their Account at any time through the administration or by request to info@duelgo.fun. Cancellation of the Account does not extinguish the obligation to settle claims that have already arisen, and the User has no entitlement to a refund of payments already made, unless these Terms or legal regulations provide otherwise.

3.8 Data export period. After cancellation of the Account, the Operator shall retain the data for a period of 30 days, during which the User may request an export. After this period, the data is anonymised or deleted; it may persist in backups for up to 90 days.

4. Licence to the Platform

4.1 Scope of the licence. The Operator grants the User a non-exclusive, non-transferable, non-sublicensable, territorially unlimited and time-limited licence to use the Platform to the extent of the Plan chosen by the User.

4.2 Prohibitions. The User is not entitled to: a) copy, modify, distribute or resell the Platform or its parts, b) interfere with the technical functioning of the Service, c) perform reverse engineering, decompilation or extraction of source code, d) gain unauthorised access to databases, servers or source code, e) use automated tools (bots, scrapers, crawlers) in a manner that disrupts the functioning of the Platform or exceeds a reasonable scope of use, f) use the Platform or data from it to train machine learning or artificial intelligence models without the express written consent of the Operator, g) use the Platform in a manner that could harm the Operator or other users.

4.3 Plan limits. Certain functions and capacity limits (number of Duelgos, number of Players, storage, number of team members, branding, custom domain, API access) are limited according to the Plan. The current limits are set out in the Price List and in the Account administration.

4.4 Exceeding the limits. Upon exceeding the limits, the Operator has the right to (a) automatically suspend the relevant function until the Plan is upgraded, or (b) charge for excess consumption according to the Price List.

5. User Content

5.1 Responsibility for content. The User is responsible for all User Content that they create, upload or publish through the Platform.

5.2 User warranties. The User represents and warrants that they have the necessary rights and authorisations to all elements of the User Content, in particular to: a) photographs, videos, illustrations and other visual materials, b) logos and trademarks, c) texts and literary works, d) musical works, sound recordings and voice recordings, e) names, likenesses and personality attributes of natural persons.

If the User uses the likeness or name of a well-known personality (athlete, influencer, artist), they are responsible for securing all necessary consents and licences.

5.3 Prohibited content. It is prohibited to create, store or disseminate on the Platform content that is: a) unlawful or that incites unlawful conduct, b) misleading or fraudulent, c) hateful, discriminatory, or inciting hatred against a group of persons, d) pornographic or with explicit sexual content, e) promoting violence, terrorism or self-harm, f) promoting gambling within the meaning of Act No. 186/2016 Coll., alcohol towards minors, drugs or weapons, g) infringing copyright, trademarks or other intellectual property rights of third parties, h) interfering with the personality rights, privacy or dignity of persons, i) containing personal data of third parties without a legal basis, j) containing malicious code (malware, spyware, viruses).

5.4 Licence to User Content for the Operator. The User grants the Operator a worldwide, royalty-free, non-exclusive, sublicensable licence to use the User Content to the extent necessary for the operation of the Platform, i.e. in particular to: a) store, copy and back up, b) transcode and optimise for various devices, c) display to Players and in the administration, d) create previews, thumbnails and statistical aggregations, e) promote a specific Duelgo (only with the User's prior consent).

The licence lasts for as long as the User Content is on the Platform, and for a reasonable period after its removal (backups max. 90 days).

5.5 Feedback. If the User provides the Operator with feedback, a suggestion or an idea for improving the Platform, they thereby grant the Operator a royalty-free, non-exclusive and time-unlimited licence to use it without any claim to remuneration or attribution.

5.6 Removal of content. The Operator is entitled to remove objectionable User Content without prior notice. The User shall be informed of the removal ex post.

5.7 Notice & takedown (DSA). A third party who believes that User Content infringes its rights or legal regulations may report the objectionable content to info@duelgo.fun. The report must contain: a) identification of the reported content (URL or Duelgo ID), b) the reason for the report (copyright, trademark, personality rights, other), c) the contact details of the reporter, d) a statement of the truthfulness of the information.

Assessment deadlines. The Operator shall assess the notification without undue delay, no later than:

• within 24 hours of a notification of content that abuses children (CSAM) or promotes terrorism,
• within 72 hours for all other complaints.

Orders from state authorities. If the Operator receives a formal order to remove content from a competent state authority (in particular under Article 3 of Regulation (EU) 2021/784 on terrorist content), it shall proceed in accordance with the deadlines set out in the relevant legal regulation (typically within 1 hour of the delivery of the order).

5.8 Statement of reasons (Article 17 DSA). If the Operator removes, disables access to User Content, or suspends an Account as a result of a complaint, it shall without undue delay inform the affected User by e-mail, stating: a) which content was affected, b) the legal grounds (law, provision of the Terms), c) the factual circumstances (description of the complaint, identification of the complainant if relevant), d) whether automated processing supported the decision, e) the options for appeal under § 5.9.

5.9 Appeal against removal (counter-notice). A User whose content has been removed is entitled to file an objection against the decision by e-mail to info@duelgo.fun within 30 days of the notification under § 5.8. The Operator shall assess the objection within 14 days. If the Operator decides that the removal was unjustified, it shall restore the content. For consumers, the right to turn to the Czech Trade Inspection Authority (out-of-court dispute resolution, see § 17.3) is preserved.

6. Contests and Marketing Activations

6.1 The Client as organiser. If the User organises a contest, betting game, poll or other marketing activation through the Platform, they act as the organiser in relation to the Players. The Operator provides only the technical platform.

6.2 Own rules. The Client is responsible for ensuring that contests and activations meet all legal requirements, in particular that the Client: a) has published complete contest rules, b) fulfils information obligations towards the Players, c) proceeds in the distribution of prizes in accordance with tax and other regulations, d) fulfils the obligations of an organiser under Section 1841 et seq. of the CC.

6.3 Prohibition of gambling. The Client undertakes not to organise gambling on the Platform within the meaning of Act No. 186/2016 Coll., on Gambling (lotteries, fixed-odds betting, totalisator games, technical games, live games, raffles with a monetary stake by the player, bingo).

6.4 Exclusion of the Operator's liability. The Operator is not liable for: a) the rules of contests created by Clients, b) the distribution of prizes, c) the complaints and grievances of participants, d) the legal compliance of campaigns created by Clients.

7. Plans and Paid Services

7.1 Current offer. The current list of publicly available Plans (Free, Starter, Pro), their price and scope of services are set out in the Price List.

7.2 Public Plans: a) Free — a free Plan with a limited scope, intended for trying out the Platform. The Operator may restrict, temporarily suspend or cancel Free Accounts at any time with 30 days' notice. The Free Plan does not allow the collection of Players' personal data beyond the technical data necessary for the operation of the Duelgo. b) Starter — a paid Plan for small clients. It does not allow the collection of Players' personal data (like Free, see above). c) Pro — a paid Plan with extended functions including the collection of Players' personal data. It requires acceptance of the DPA.

7.3 Enterprise. The Enterprise Plan is not publicly offered. Its terms, price, scope of services, SLA and support are agreed individually by a separate agreement. To the extent that the individual agreement regulates these Terms differently, the individual agreement shall prevail.

7.4 Price and taxes. The price stated in the Price List is in Czech crowns (CZK), or in euros (EUR). The Operator is not a VAT payer — the prices stated are final and VAT is not added to them.

7.5 Billing cycle. The subscription is charged monthly or annually according to the User's choice. The price is payable in advance, at the beginning of the billing period. The invoice is due within 14 days, unless stated otherwise.

7.6 Automatic renewal. The subscription renews automatically for the same period for which it was originally agreed, unless the User cancels it before the end of the current period. The User is informed of the upcoming renewal by e-mail at least 14 days in advance for an annual subscription and 3 days in advance for a monthly subscription.

7.7 Cancellation of the subscription. The User may cancel the subscription at any time through the administration of their Account. Cancellation of the subscription extinguishes the obligation to make further payments; the service is provided until the end of the paid period. No refund of the proportional part of the paid price is provided, unless legal regulations provide otherwise.

7.8 Price change. The Operator is entitled to change the prices in the Price List. The User is informed of an increase in the price of an existing subscription by e-mail at least 30 days in advance. Within this period, the User has the right to terminate the subscription as of the effective date of the price change.

7.9 Default. In the event of default in payment, the Operator has the right to: a) suspend the provision of the Service until the amount due is paid, b) charge statutory default interest, c) cancel the Account after default of more than 14 days.

7.10 14-day right of withdrawal (consumer). Under Section 1829 of the CC, a consumer has the right to withdraw from a contract concluded over the internet without giving a reason within 14 days of its conclusion. The consumer shall send the withdrawal in writing to info@duelgo.fun. The Operator shall refund the price paid to the consumer within 14 days of receipt of the withdrawal.

7.11 Waiver of the right of withdrawal. The consumer may expressly waive the right of withdrawal under Section 1837(l) of the CC by requesting the commencement of the provision of the Service immediately after the order. If they do so (by ticking the relevant checkbox at the time of the order), the right of withdrawal lapses at the moment the provision of the Service commences. Before ticking, the Operator shall expressly inform the consumer of the consequences.

7.12 Complaints. A complaint about defects in the Service may be filed in writing to info@duelgo.fun. The Operator shall handle the complaint no later than within 30 days of receipt.

8. Service Availability (SLA)

8.1 Availability commitment. The Operator undertakes to provide monthly availability of the Platform of 99 % measured at the level of the public player interface (URL in the form /dlg/...) under the Starter and Pro Plans. The Free Plan is provided without an SLA.

8.2 Measuring availability. Availability is measured in a calendar month as the ratio:

Availability = (total time − Scheduled maintenance − Excluded events) / (total time − Scheduled maintenance) × 100 %

8.3 Scheduled maintenance. Scheduled maintenance announced at least 24 hours in advance is not counted as downtime. Scheduled maintenance usually takes place off-peak (22:00–06:00 CET) and shall not exceed 4 hours per month.

8.4 Excluded events. Downtime does not include outages caused by: a) force majeure, b) an outage of a third-party supplier (in particular hosting, database, CDN providers), provided that the Operator acted with professional care, c) the conduct of the User or third parties controlled by the User (DDoS via the user's channel, etc.), d) an error or security incident in the User Content, e) an outage of the internet connection or the device of the User/Player, f) scheduled maintenance under Article 8.3.

8.5 Service credit. If the monthly availability falls below 99 %, the User on a paid Plan is entitled to a service credit in the amount of the proportional part of the monthly fee, but no more than 100 % of the monthly fee for the given month. The service credit is provided in the form of a discount on the next billing period; no claim to a monetary payment arises from it.

8.6 Claiming the entitlement. The User shall claim the entitlement to a service credit in writing (by e-mail to info@duelgo.fun) within 30 days of the end of the month in which the downtime occurred. After this period expires, the entitlement lapses.

8.7 Exclusivity of the entitlement. The service credit is the exclusive and sole remedy of the User for the unavailability of the Platform. This arrangement does not limit the mandatory rights of a consumer.

9. Communication with the User

9.1 Communication categories. The Operator distinguishes three types of electronic communication with the User:

a) Operational (transactional) messages — necessary for the operation of the Service (registration confirmation, verification codes, invoices, security notices, information about changes to the Terms, outages). These messages cannot be unsubscribed from for the duration of the contractual relationship, as they are necessary for the performance of the contract.

b) Commercial messages about our own Platform — information about new functions, tips for creating Duelgos, news about the Platform and similar services of the Operator. The Operator sends these messages to registered Users on the basis of Section 7(3) of Act No. 480/2004 Coll. (soft opt-in for existing customers and similar services), with the option to unsubscribe at any time by clicking the link in the footer of each e-mail or in the Account settings.

c) Commercial messages of third parties — the Operator NEVER sends Users advertising on behalf of third parties, and does not resell or transfer Users' contact details to third parties for marketing purposes.

9.2 Guarantee not to sell contacts. The Operator undertakes to never transfer or sell the contact details of Users or Players to third parties for marketing purposes. The transfer of data to subprocessors (see Subprocessors) for the purpose of operating the Service is not considered a transfer for marketing purposes.

9.3 Delivery. All notices between the parties are sent electronically to the e-mail address stated in the User's Account, or to info@duelgo.fun. A notice is deemed delivered on the day it is sent, unless the sender's server received a non-delivery notification.

10. Personal Data Protection

10.1 Our own processing duelgo. The processing of the personal data of Users by the Operator is governed by the Privacy Policy.

10.2 The Client as controller of Player Data. If the Client collects the personal data of Players (contact, e-mail, telephone, name) through the Platform, they are the controller of this data within the meaning of GDPR. The Operator is the processor. Their mutual relationship is governed by the Data Processing Agreement (DPA), which the Client accepts upon upgrading to the Pro Plan or upon first inserting a collection element into a Duelgo.

10.3 Subprocessors. The Operator is entitled to use subprocessors for the operation of the Platform, who may process personal data. The current list of subprocessors, including the purpose and location of processing, is published in the List of Subprocessors. The Operator informs the User of a change of subprocessors by e-mail at least 14 days in advance; within this period, the User has the right to raise a reasoned objection to the change.

11. Limitation of Liability

11.1 "As is" condition. The Platform is provided in the condition in which it is ("AS IS"). The Operator provides no warranties that the Platform will be error-free or will meet the specific requirements of the User beyond the description of functions in the documentation and the Price List.

11.2 Excluded claims. The Operator is not liable: a) for the success of the User's marketing campaigns and contests, b) for content created by Users and Players, c) for the conduct of third parties (DDoS, hacking, supplier outage), d) for data loss caused by the User, e) for damage arising from the unavailability, inaccuracy or unavailability of data obtained via third-party APIs, f) for decisions made by the User on the basis of data from the Platform.

11.3 Liability cap. The total cumulative liability of the Operator for damage arising in connection with the Platform is in every case limited to the amount corresponding to one monthly fee for the User's Plan applicable at the time the damage occurs. Under the Free Plan, where the User pays no fee, no claim to a monetary payment arises (cap = CZK 0).

11.4 Exclusion of indirect damage. The Operator is not liable for lost profit, loss of reputation, loss of business opportunities, loss of data, nor for any indirect, consequential or special damage.

11.5 Consumer rights. The limitations of liability under Articles 11.2 to 11.4 do not apply to the extent that they cannot be excluded under the mandatory provisions of legal regulations, in particular Section 2898 of the CC — liability for damage caused intentionally, by gross negligence, or harm to health or life.

12. Indemnification

12.1 The User undertakes to indemnify the Operator against any claims, sanctions, legal proceedings, fines and costs (including reasonably incurred costs of legal representation) raised against the Operator by third parties in connection with: a) User Content, b) contests and marketing activations organised by the User, c) the infringement of third-party rights by the User, d) the unlawful processing of Players' personal data by the User, e) the breach of these Terms or the DPA by the User.

12.2 The Operator shall, without undue delay, inform the User of the raising of a claim and provide them with reasonable cooperation in defending against the claim.

13. Force Majeure

13.1 Neither party is liable for a breach of its obligations caused by a force majeure event that it could not reasonably have foreseen or prevented. Force majeure events include in particular: a) natural disasters, b) war, terrorism, civil unrest, c) acts of state authorities, d) outages of energy or telecommunications infrastructure of nationwide scope, e) outages of third-party suppliers (cloud providers, CDN, DNS), unless caused by the fault of the Operator, f) large-scale cyberattacks (DDoS, ransomware) directed against the Operator or its suppliers.

13.2 The party affected by force majeure shall inform the other party of this event without undue delay.

14. Intellectual Property

14.1 Operator's rights. The duelgo Platform, its software, design, source code, technical solution, graphic elements, trademarks and other components are protected by intellectual property law and remain the exclusive property of the Operator.

14.2 No transfer of ownership. These Terms do not grant the User any ownership right to the Platform. The User obtains only a limited licence under § 4.

14.3 The duelgo mark. The "duelgo" designation and the duelgo logo are a trademark of the Operator. Without the prior written consent of the Operator, it is not permitted to use these elements outside the scope of ordinary referencing of the Platform.

15. Termination of the Contractual Relationship

15.1 Duration of the contract. The contractual relationship lasts for the duration of the existence of the User's Account.

15.2 Termination by the User. The User may terminate the contractual relationship at any time by cancelling the Account (Article 3.6). Under a paid Plan, the Service runs until the end of the paid period.

15.3 Termination by the Operator. The Operator may terminate the contractual relationship: a) by cancelling the Account under Article 3.4 (breach of the Terms), b) by notice with a 30-day notice period without giving a reason for the Free Plan, c) by discontinuing the operation of the Platform with 90 days' notice; in such a case, the Operator shall enable a data export and refund the proportional part of the paid price for the Service not provided.

15.4 Consequences of termination. The provisions on the licence to User Content (Articles 5.4–5.5), on liability (Article 11), indemnification (Article 12), confidentiality, governing law and venue remain in force even after the termination of the contractual relationship.

16. Changes to the Terms

16.1 Operator's right. The Operator is entitled to unilaterally amend these Terms. An amendment may respond in particular to a change in legal regulations, to an expansion of the Service, or to the need to improve the protection of Users.

16.2 Notification of a change. The Operator informs the User of each change to the Terms by e-mail at least 30 days before the effective date of the change. The e-mail shall contain a link to the new wording and a brief summary of the changes.

16.3 Right to disagree. If the User disagrees with the change, they have the right to terminate the contractual relationship as of the effective date of the change. If they do not terminate the contractual relationship by the effective date of the change, they are deemed to agree with the change.

16.4 Archiving of versions. The Operator archives previous versions of the Terms and provides them to the User on request.

17. Final Provisions

17.1 Governing law. This contractual relationship is governed by the legal order of the Czech Republic, excluding conflict-of-law rules.

17.2 Venue. All disputes shall be resolved by the competent courts of the Czech Republic. For disputes with an entrepreneur, the court of the Operator's seat (Brno) has local jurisdiction; for disputes with a consumer, the rules according to the consumer's place of residence apply.

17.3 Out-of-court dispute resolution (consumer). A consumer has the right to out-of-court resolution of a consumer dispute through the Czech Trade Inspection Authority (www.coi.cz, Štěpánská 567/15, 120 00 Praha 2). A consumer may also use the online dispute resolution platform available at ec.europa.eu/consumers/odr.

17.4 Severability clause. If any provision of these Terms is found to be invalid or ineffective, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by one whose meaning and effect are closest to the invalid one.

17.5 Assignment. The Operator is entitled to assign its rights and obligations under this agreement to a third party (in particular in the case of a merger, acquisition or sale of the business). The User consents to such assignment.

17.6 Entirety of the agreement. These Terms, together with the PP, DPA, Cookie Policy and Price List, constitute the entire agreement between the parties and supersede all prior arrangements.

17.7 Effectiveness. These Terms take effect on the day they are published on the Platform's website.