Terms & Conditions

HouseCup.gg Bot Terms and Conditions, along with the Privacy Policy, constitute an Agreement established by and between Audentio LLC. and the Customer by virtue of the Customer’s download of the HouseCup.gg Bot and installation in their Discord server or Slack workspace. By accepting the Agreement, the Customer confirms that they have read, understood and accepted its contents.

Each party represents that it has validly entered into the Agreement and has the legal power to do so, and represents and warrants to the other that (a) the Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such Party in accordance with its terms; (b) no authorization or approval from any third party is required in connection with such Party’s execution, delivery, or performance of the Agreement; and © the execution, delivery, and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound, or any applicable law or regulation.

Please also review our Privacy Policy, which is part of the Agreement and can be viewed here. The Privacy Policy describes how we collect and handle any information gathered from the Customer and other users of the Services. By accessing or using Services, including browsing the site, the Customer accepts Privacy Policy and expressly consents to the collection, use, storage, processing, and disclosure of your information in accordance with our Privacy Policy.

The Agreement comprised of Audentio LLC. Terms and Conditions and Audentio LLC. Privacy Policy and any Addendum(s) attached thereto and exclusively govern the entire contractual relationship between the Customer and Audentio LLC. relating to the subject matter herein and supersedes any prior written or oral arrangements or other provisions between the Parties, with respect to the subject matter hereof and by execution hereof Customer agrees thereto.

In the event of any conflict between the Agreement and any Addendum thereto, the provisions of the Agreement take precedence.

Parties to the Agreement are bound by the following provisions.

Definitions

The following terms shall have the meanings specified below:

“Account,” “License” - means any account created by the Customer subscribing to Services.
“Agent” means a named user(s) in the Service employed by the Customer to operate Services for or on behalf of the Customer.
“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential.
“Company,” “We” , “Us” (or “Provider” in the Data Protection Addendum) means Audentio LLC. The worldwide corporate headquarters and principal office of the Company shall be Madison, Wisconsin address: 106 E Doty St Suite 200, 53703, United States of America.
“Customer,” “You” (or “Client” in Addendums to the Agreement) means any user, person, or entity who uses Services supplied by the Company under the Agreement.
“Documents” means any relevant document that is, or may be, related to the Agreement, including, but not limited to, applicable Addendum(s).
“End-User” means any person with whom the Customer or its Agents interact with while using Services.
“Personal Data/Personal Information” means personal data within the meaning of the Regulation (EU) 2016⁄679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by Audentio LLC. (or a Sub-Processor) on behalf of the Customer pursuant to, or in connection with, the Agreement.
“Services” means the services and products supplied by the Company to the Customer under the Agreement.
“Sub-Processor” means entities in which software, goods, or services are used by the Company in order to run a business, in particular, to provide Services.
“Third Party Service Provider” means any third party that collects, process, and/or uses Personal Information under the instruction of Audentio LLC. including any consultant, representative, advisor, or independent contractor (including Sub-Processors) who renders services to the Company, a subsidiary, or an affiliate.
“Visitor” means any person who is visiting/browsing any website where Audentio LLC. Services are installed.

All terms derived from General Data Protection Regulation, such as “Commission,” “Controller,” “Data Subject,” “Member State,” “Personal Data,” “Personal Data Breach,” “Processing,” or “Processor,” should be understood in line with their regular meaning coming from the regulation.

General Statements

Accepting these Terms and Conditions, along with the Privacy Policy, is a condition of using the Services provided by Audentio LLC. The Agreement, and the relevant Documents, exclusively govern the contractual relationship between the Customers and the Company.
Customer’s access to the Internet is not the subject of the Agreement. The Customer bears sole responsibility for the functionality of its Internet access, including the transmission paths and its own hardware.
Please keep in mind that Audentio LLC. may modify the provisions of the Agreement, and only those currently visible on our website are up to date and binding. However, modifications shall not adversely affect the main provisions of the Agreement, such as terms of payment or termination of Services. Such changes shall take place with prior explicit notification to the Customer at least thirty (30) days before the change implementation and, if not clearly rejected within (seven) 7 days after the notification, are treated as accepted. Therefore, we encourage you to periodically familiarize yourself with the currently effective Terms and Conditions version on our Internet websites.
Further use of Services, after explicit notification of changes by Audentio LLC. and in the absence of Customer rejecting such changes, after additional modifications in the Terms and Conditions have been implemented, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Customer from using the Services.
Audentio, LLC reserves the right to reach out to end users and admins from time to time for feedback requests and for bug handling.

Services Description

Audentio LLC. provides the Customer with access to software available on the following websites: https://housecup.gg/, www.slack.com/apps, and https://top.gg/ for the term specified in the Agreement. The software used by the Customer in accordance with its application and purpose defined in the Agreement, available on the following websites: https://housecup.gg/, www.slack.com/apps, and https://top.gg/ provided by Audentio LLC. shall be deemed Services.
Audentio LLC. is exclusively entitled to add, change, remove, and adapt the functionality, the use, subject matter, and the range of particular Services, including the software provided, its contents, and its nature; as well as to cease rendering the Services, in particular, in the event of further development of the Services offered by the Company.

Access and the use of Services

Audentio LLC. Services can be accessed solely by logging in to the Service on a particular website. Audentio LLC. provides the Customer with the login data required for the identification and authentication of named users in the Service (except Services in which Agents are not required). The Customer is not permitted to transfer login data to third parties other than defined. New and/or additional users will be notified by the Customer to Audentio LLC. in advance so that individual login data can be provided to each user and, if necessary, the fee calculation can be adjusted.
Every Customer is assigned a particular password and login (or other credentials) which must not be used by third parties without the Customer’s explicit consent. The Customer is solely responsible for the proper protection and storage of their password and login (credentials). The login data for the Services may not be passed on or used by several persons at the same time. Access to, and use of, the Services is restricted to the specified number of individual Agents permitted under the Customer subscription to the applicable Service. The Customer agrees and acknowledges that each Agent’s credentials shall only be used by one (1) designated individual Agent. The Customer further agrees and acknowledges that an Agent’s credentials cannot be shared or used by more than one individual, but that Agent’s credentials may be reassigned to new individuals replacing former individuals who no longer require ongoing use of the Services. The Customer and its Agents are responsible for maintaining the confidentiality of all of the Agent credential information for the Customer Account.
The Customer must be at least 16 years of age to be able to register and to access his or her Account. Audentio LLC. does not knowingly provide Services to any person under the age of 16.
The Customer undertakes to use the Services exclusively for its own purpose and in a manner consistent with the currently effective law and the Agreement.
The Customer is fully responsible for any and all contents, phrases, and entries (“Input”) added to the network in connection with the use of offered Services. Audentio LLC. reserves the right to use the Input in the event of fraudulent or illegal activity of the Customer.
The Customer is responsible for compliance with the provisions of the Agreement by Agents and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations, as well as any and all privacy policies, agreements, or other obligations the Customer may maintain or enter into with Agents or End-Users.
The Customer understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Customer is aware of risk and threats connected with electronic data transmission.
Audentio LLC. reserves the right to access Customer accounts for technical and administrative purposes and for security reasons. The information obtained in such a manner shall not be processed or made available to any third parties unless required by the Customer or the provisions of law.
The Customers of Audentio LLC. Service declares that they will not use the Service in a way that may constitute a violation of laws.
Violation of the Agreement, applicable laws, or generally accepted norms and rules shall lead to the termination of the Agreement.
The Customer is responsible for providing valid and current Account information and the Customer agrees to promptly update its Account information, including payment information, with any changes that may occur (for example, a change in the Customer billing address or credit card expiration date).

Acceptable Use Policy

This Acceptable Use Policy applies to Audentio LLC. Services accessible through https://housecup.gg/, www.slack.com/apps, https://top.gg/, mobile versions, and successive URLs related to the domain or subdomain.
The Customer understands and agrees that Audentio LLC. shall have no responsibility or liability whatsoever for any and all data and content provided by the Customer. In particular and without limitation, the Customer may not:
1. Hinder the functioning of Services, especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof), or related systems, networks, or data;
2. Use the Services in a way contradictory to the Agreement and causing a real danger for Audentio LLC. For example, using the Services to generate or send unsolicited communications or communication judged to be spam, or otherwise cause Audentio LLC. to become impaired in its ability to provide the Service;
3. Misrepresent or mask the origin of any data, content, or other information you submit. For example, by “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating anyone else, or access the Services via another Customer’s account without their permission;
4. Use the Services in a way which violates the rights of other individuals or laws;
5. Promote or advertise products or services different from the one belonging to the Customer without legal basis;
6. Sublicense, license, sell, lease, rent, or otherwise make available the Services or provide access to any third party;
7. Copy, translate, disassemble, decompile, reverse engineer, or otherwise modify the Services in whole or in part, or create derivative works based thereon;
8. Use the Services in any manner that is contrary to applicable law, including, without limitation, the unlawful usage of data, and transmitting information or data that is unlawful or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others;
9. Endanger, interfere, compromise or circumvent the privacy, use, and/or security of the Service, including, without limitation, submitting data or content that may contain viruses or other harmful components; or
10. Breach any duty toward, or rights of, any person including, without limitation, rights of publicity or privacy, or take actions that can otherwise result in consumer fraud, product liability, tort, breach of contract, injury, or damage or harm of any kind to any person;
11. Use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components;
12. Allow or encourage anyone else to commit any of the actions listed above.
As a condition of using the Services, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data. The Customer shall (a) as required by applicable law, provide notice to its customers (End-Users) and Agents, as well as obtain consent (if required) for processing and transferring Agents and End-Users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-Users, and Agents that have access and use the Services; © comply with any limitations or restrictions set forth in the Agreement, and (d) use the Services only in compliance with applicable law.
All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, “Data”), is the property of the Customer. The Customer is solely responsible for Data collected, submitted, and generated by the Services. Audentio LLC. is not responsible for the way the Customer uses the Services and Data.
The Customer acknowledges and agrees that in providing the Services, the Company will engage Sub-Processors to Process the Personal Data, including, and without limitation, any Personal Data within Service Data pursuant to the Agreement within the European Economic Area, the United States, and in other countries and territories. Any third-party service providers utilized by Audentio LLC. will only be given access to the Customer Account as is reasonably necessary to provide the Services and will be subject to (a) confidentiality obligations which are commercially reasonable and substantially consistent with the Company standards; and (b) their agreement to comply with the data transfer restrictions applicable to the Company. The names of all current Sub-Processors used for the Processing of Personal Data under the Agreement are set forth on the Company’s website.
The Customer is responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, browser software that supports protocols used by the Company and to follow the Company’s procedures for accessing Services. We are not responsible for notifying Customer, Agents, or End-Users of any upgrades, fixes, or enhancements to any such software, or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the Internet) which are not owned, operated, or controlled by the Company. We assume no responsibility for the reliability or performance of any network connections as described in this section.
The Customer shall prevent unauthorized access by third parties to the Service and shall also oblige its employees and Agents to comply with this obligation.

Trademarks and Intellectual Property

“House Cup” is a registered trademark and is therefore subject to national, as well as international, protection.
Audentio LLC. states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, and computer software, as well as to all Company signs, symbols, and trademarks used within its scope of business activity.
The Audentio LLC. websites listed above and all information, content, material, graphics, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Visitors and the Customer through the aforementioned websites are its exclusive property of Audentio LLC. and are protected under applicable law.
The Audentio LLC. websites and all information, content, materials, products (including any software), website addresses, and layouts and services included on or otherwise made available to the Customer through the aforementioned websites are provided on a “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law, and the Company, to the maximum extent permitted by applicable law, expressly disclaims any and all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. The Customer acknowledges that the Company does not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other malicious software, and no information or advice obtained by you from us or through the Services shall create any warranty not expressly stated in the Agreement.
Customer grants to Audentio LLC. and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by Customer, Agents or End-Users relating to the operation of Audentio LLC. or its affiliates’ services.
All rights, title, and interest in and to the Services and all hardware, Software, and other components of, or used to provide, the Services, including all related Intellectual Property Rights, will remain with Audentio LLC. and its affiliates and belong exclusively to Audentio LLC. and its affiliates.
The Customer shall indemnify, defend, and hold harmless Audentio LLC. from and against any and all losses, damages, demands, claims, actions, liabilities, fines, penalties, and related expenses (including reasonable legal fees) asserted against or incurred by Audentio LLC. that arise out of, or result from, the Customer data and in relation to any and all claims related to the infringement of any patent, copyright, trademark, or trade secret right, or other intellectual property rights, private right, or any other proprietary or personal interest of any third party violated by the Customer data. The Customer data is any and all data inserted by the Customer and/or created in the Audentio’s Service for the term of the Agreement.
Prior written consent of Audentio LLC. is required for any not permitted business and non-business use of offered Services. Such consent is required, in particular, when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media, as well as for the disposal or use of its work (adaptations, alterations, modifications).
Unauthorized lending, sale, or granting of further licenses and sublicenses to the offered products and services by the Customer, or any other entity or person, without the express consent of Audentio LLC. is prohibited. Such acts are not deemed to be the proper use of Services.
The Customer must not modify or change the purpose and use of offered Services. Misleading others as to the existence of cooperation, association, relationship, or acting on behalf of Audentio LLC. is prohibited.

Data Protection Compliance

In order to fulfill the contractual obligations of the Services, there will be the processing of personal data for the Customer. Audentio LLC. is dedicated to providing data protection and to promote compliance with rules set forth by, among others, the European Union.
The Customer shall comply with Data Protection Laws and Regulations, including, without limitation, to be authorized to pass on personal data to Audentio LLC. for the purposes stipulated in the Agreement. Upon execution by the Customer, the DPA is hereby incorporated by reference herein into the terms of the Agreement.
Any observation or breach of data protection may be reported via [email protected] (or via support e-mail of the Service you use).
Audentio LLC. will never sell, rent, or lease Customer service data to any third party. We will not share Customer service data with third parties, except as permitted by the Agreement and in order to provide, secure, and support the Services.

Privacy Policy

Insofar as Audentio LLC. receives personal data from the Customer, employees of the Customer, as well as the Customer’s End-Users during the Agreement, such data shall be collected, processed, and used by Audentio LLC. as described in our Privacy Policy.

Guarantee

Audentio LLC. guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.
Audentio LLC. does not guarantee the compatibility of offered Services with other producers’ software. The Customer shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the Customer’s objectives. Please be aware that due to the complexity of long-distance data transmission, there is no possibility to ensure absolute security, accessibility, and continuity of the provided Service.
Audentio LLC. shall bear no liability in particular for:
1. all negative consequences being the result of force majeure;
2. phrases and entries added to the network by the Customer and End-Users in connection with the use of offered Services;
3. unlawful and inconsistent with the Agreement usage of Services;
4. disturbances in accessibility of offered Services not caused by Audentio LLC.;
5. damages suffered by the Customer, End-User, or any other person or entity having arisen due to the third-party claims, suspension or closing of the account by the Customer, or for other reasons arising from the Customer’s fault;
6. damage incurred by the Customer, End-Users, or any other person or entity as a result of Customer’s third party usage of Services that enable or prevent the Customer or End-Users from accessing the provided Services;
7. damages caused by the Customer or the impossibility to use Services, incidental and consequential damages, including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, or company reputation infringement;
Audentio LLC. advises the Customer that restrictions or impairments of the Service may arise which are beyond the control of Audentio LLC., including, without limitation, actions of third parties who do not act on behalf of Audentio LLC., force majeure, fires, strikes, accidents, and technical conditions beyond the control of Audentio LLC., e.g. the Internet. The hardware, software, and technical infrastructure used by the Customer can also influence the Services. Any delay or default affecting the availability, functionality, or timely performance of the Services caused by such circumstances will not constitute a breach of the Agreement;
The Company shall, at its sole discretion, repair or re-perform such Services (or correct the defective part). If, at the sole discretion of the Company, the error cannot be corrected with reasonable commercial efforts, then the Company, at its sole discretion, may terminate the affected Services and credit the price of such defective Services that the Customer prepaid on a pro-rata basis for the period following the effective date of termination of the affected Services. THESE REMEDIES SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND AUDENTIO’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED GUARANTEE SET FORTH IN THIS SECTION.

Liability

Liability. The Company shall be liable for any direct damage caused to the Customer due to the non-compliance with its obligations under the Agreement, excluding the situation where the damages are the result of an action or omission for which the Company is not responsible. However, in no event shall the aggregate liability of the Company with all of its affiliates arising out of, or related to, the Agreement, (including the applicable Addendum(s)), exceed the total amount paid by the Customer and its affiliates hereunder for the Services giving rise to the liability in the twelve (12) months preceding the first incident out of which the liability arose. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Customer’s and its affiliates’ payment obligations under the Agreement.
The Customer agrees to the following limitation of liability to the extent permitted by applicable law: the Customer expressly understands and agrees that the Company shall not be liable to the Customer for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) statements or conduct of any third party on or in the Services; or © any other matter relating to the Services.

Final provisions

Audentio LLC. reserves the right to amend or supplement the Agreement at any time without notice. As long as the Customer uses the Services, the amendments or supplements to the Agreement shall be deemed approved. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” and “Privacy Policy” at the bottom of our website.
If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Governing Law. The Agreement shall be governed by the laws of the State of Wisconsin, United States of America, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be an appropriate federal or state court located in the State of Wisconsin, and the Parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non-conveniens. All disputes arising out of the Agreement shall be primarily resolved amicably. Audentio LLC. is open to set up a mediation in case of any conflict. Prior to initiating any legal action arising out of the Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with an aim to speedy resolution of such dispute within thirty (30) days of the receipt of such notice.