Platform Terms of Use

1. Scope and Order of Precedence

1.1 Platform. “Platform” means the Hey Seven software-as-a-service application, related APIs, agents, documentation, and any updates we make available to You from time to time.

1.2 Customer Agreement Controls. If You access the Platform on behalf of an Organization that has entered into a separately negotiated agreement with Hey Seven (including, without limitation, the H7 Master Early Adopter Program Agreement, a Master Subscription Agreement, an Order Form, the Data Processing Addendum, or a Pilot Agreement) (each, a “Customer Agreement”), then to the extent of any conflict between these Terms and the Customer Agreement, the Customer Agreement controls. These Terms supplement, and do not replace, the Customer Agreement.

1.3 No Customer Agreement. If there is no Customer Agreement in force between Hey Seven and the Organization You represent, these Terms alone govern Your access to the Platform, and Section 12 (Limitation of Liability) operates as the sole liability framework.

1.4 No Purchase-Order Terms. No terms or conditions in any purchase order, vendor portal, or other document unilaterally issued by You or the Organization that conflict with or supplement these Terms or the Customer Agreement have any effect, regardless of whether Hey Seven acknowledges or accepts such document.

2. Definitions

“Authorized User” means an employee, contractor, or agent of an Organization whom the Organization has authorized to access the Platform.

“Customer Data” means data, content, or other information transmitted to or processed within the Platform by the Organization or its Authorized Users, including end-player Personal Data the Organization makes available to Hey Seven as data processor.

“Documentation” means the user guides, API references, and security/operations materials Hey Seven publishes for the Platform.

“DPA” means the Data Processing Addendum executed between Hey Seven and the Organization, or, in its absence, Hey Seven’s then-current standard DPA.

“Aggregated Data” means data that has been aggregated, de-identified, or anonymized so that it does not identify the Organization, any Authorized User, or any individual.

3. Account, Credentials, and Security

3.1 Account Creation. Access requires an account. You must provide accurate registration information and keep it current. Hey Seven may verify Your identity and Your authority to act for an Organization.

3.2 Credentials. You are responsible for safeguarding Your login credentials and for any activity occurring under Your account. You must notify Hey Seven without undue delay upon learning of any unauthorized use or suspected compromise.

3.3 Multi-Factor Authentication. Where Hey Seven offers or requires multi-factor authentication, single-sign-on, or other access controls, You must use them as instructed. Bypassing controls is a material breach of these Terms.

4. Authorized Users and Organization Responsibility

4.1 User Provisioning. Where access is provisioned by an Organization, the Organization is responsible for designating Authorized Users, controlling their access rights, and promptly de-provisioning users whose access should be revoked, including upon employment termination, role change, or loss of any regulator-required authorization.

4.2 Acts of Authorized Users. The Organization is responsible for the acts and omissions of its Authorized Users under these Terms as if those acts and omissions were the Organization’s own.

5. Acceptable Use

You will not, and will not permit any third party to:

• (a) use the Platform in violation of any applicable law, regulation, or order, including state or tribal gaming regulations, anti-money-laundering rules under the Bank Secrecy Act and related FinCEN rules, or U.S. economic sanctions and export-control laws;
• (b) use the Platform to communicate with, target, or process Personal Data of any individual under the legal gambling age in the applicable jurisdiction;
• (c) use the Platform in any manner that would violate any state self-exclusion list, voluntary-exclusion program, responsible-gaming requirement, advertising rule, or marketing-compliance order applicable to the Organization;
• (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, model weights, training data, or trade-secret information from the Platform, except to the extent this restriction is prohibited by applicable law;
• (e) build a competing product or service, or train, fine-tune, or evaluate any machine-learning model using outputs of the Platform for a competing purpose;
• (f) circumvent or disable any security, rate-limiting, or access-control feature of the Platform;
• (g) introduce viruses, malware, scrapers, or other harmful code; perform load or penetration testing without Hey Seven’s prior written consent; or conduct automated scraping of the Platform;
• (h) interfere with, disrupt, or impair the integrity or performance of the Platform or any third party’s use of the Platform;
• (i) misrepresent Your affiliation with Hey Seven or any third party, or use the Platform to send spam, phishing, or deceptive communications;
• (j) upload Customer Data that You do not have lawful authority to share, including health, biometric, or other sensitive data outside the scope authorized in the Customer Agreement and DPA;
• (k) export, re-export, or transfer the Platform or related technology in violation of U.S. export controls, OFAC sanctions, or comparable laws of any applicable jurisdiction.

6. Customer Data and Privacy

6.1 Controller / Processor Roles. As between Hey Seven and an Organization, the Organization is the controller of Customer Data and Hey Seven is the processor. Hey Seven processes Customer Data solely in accordance with the DPA and the Organization’s documented instructions in the Customer Agreement.

6.2 User-Submitted Data. For an Authorized User’s own account information (name, business email, login activity, support requests), Hey Seven processes that information as a controller in accordance with the H7 Privacy Policy.

6.3 Aggregated and De-Identified Data. Hey Seven may collect and use Aggregated Data for any purpose, including operating, developing, and improving the Platform and for benchmarking and analytics, provided that such data does not identify the Organization, any Authorized User, or any individual.

6.4 License to Customer Data. As between the parties, the Organization owns all Customer Data. The Organization grants Hey Seven a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely as necessary to provide the Platform under the Customer Agreement and as further described in the DPA.

7. Confidentiality

7.1 Definition. “Confidential Information” means any non-public information disclosed by one party to the other, in any form, that is identified as confidential or that a reasonable person would understand to be confidential, including the Platform, Documentation, technical and business information, and Customer Data.

7.2 Obligations. You will protect Hey Seven’s Confidential Information using at least the same degree of care as You use for Your own confidential information of like importance, and in no event less than reasonable care, and will use it only to exercise rights and perform obligations under these Terms. Where a Customer Agreement contains a separate confidentiality provision, that provision controls.

8. Intellectual Property

8.1 Platform Ownership. As between the parties, Hey Seven exclusively owns and retains all right, title, and interest in and to the Platform, including all software, source code, models, algorithms, Documentation, configurations, and any modifications, improvements, or derivative works of the Platform, and all intellectual property rights therein. Except for the limited rights expressly granted in these Terms or a Customer Agreement, no rights are granted to You by implication, estoppel, or otherwise.

8.2 Trademarks. Hey Seven’s name, marks, and logos are the property of Hey Seven. You may not use them without Hey Seven’s prior written consent.

8.3 Feedback. You may, but are not required to, provide suggestions, ideas, enhancement requests, or other feedback about the Platform (“Feedback”). You hereby grant Hey Seven a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable license to use, modify, and exploit any Feedback for any purpose, without obligation or compensation to You.

9. Third-Party Services and Integrations

The Platform may integrate with or link to third-party services (including casino management systems, customer-relationship platforms, identity providers, and analytics providers). Hey Seven is not responsible for any third-party service, and Your use of any third-party service is governed by that provider’s terms. Where an integration requires data sharing with a third party, the Organization is responsible for ensuring it has the necessary rights and consents.

10. Beta, Preview, and AI Features

10.1 Beta Features. Hey Seven may make features labeled as “beta,” “preview,” “evaluation,” “alpha,” or similar (“Beta Features”) available. Beta Features are provided AS IS and without warranty of any kind, may change or be discontinued without notice, and are not subject to any service level commitment.

11. Warranty and Disclaimers

11.1 Limited Warranty. Where a Customer Agreement is in force, the service warranty in the Customer Agreement controls. Where no Customer Agreement is in force, Hey Seven makes no warranty of any kind with respect to the Platform.

11.2 Disclaimer. EXCEPT FOR ANY EXPRESS WARRANTIES IN A CUSTOMER AGREEMENT, THE PLATFORM, DOCUMENTATION, AI OUTPUT, AND ALL OTHER HEY SEVEN OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HEY SEVEN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HEY SEVEN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL ACHIEVE ANY PARTICULAR BUSINESS RESULT.

12. Limitation of Liability

12.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Aggregate Cap. WHERE A CUSTOMER AGREEMENT IS IN FORCE, THE AGGREGATE LIABILITY CAP IN THE CUSTOMER AGREEMENT CONTROLS, AND THIS SECTION 12.2 DOES NOT APPLY. WHERE NO CUSTOMER AGREEMENT IS IN FORCE, EXCEPT FOR THE EXCLUDED CLAIMS, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

12.3 Excluded Claims. “Excluded Claims” means (a) a party’s indemnification obligations under Section 14 or under a Customer Agreement; (b) breach of confidentiality obligations under Section 7 or under a Customer Agreement; (c) a party’s gross negligence or willful misconduct; (d) Your or the Organization’s payment obligations under a Customer Agreement; and (e) liability that cannot be excluded or limited under applicable law.

12.4 Data Protection. Liability for breach of the DPA or applicable data-protection law is governed by the Customer Agreement and the DPA, and not by this Section.

12.5 Allocation of Risk. The parties acknowledge that the limitations in this Section 12 reflect a reasonable allocation of risk and form an essential basis of the bargain.

13. Suspension and Termination of Access

13.1 Suspension. Hey Seven may suspend Your access to the Platform, in whole or in part, immediately and without prior notice if Hey Seven reasonably believes that: (a) Your use poses a security, integrity, or availability risk; (b) Your use violates these Terms or applicable law; (c) Your use exposes Hey Seven, the Organization, or a third party to regulatory or legal risk; (d) a regulator or governmental authority directs Hey Seven to suspend access; or (e) any fee due under a Customer Agreement is delinquent.

13.2 Termination. Hey Seven may terminate Your account or these Terms upon notice if You materially breach these Terms and, where the breach is curable, fail to cure within ten (10) days after written notice. Termination of a Customer Agreement automatically terminates these Terms with respect to the relevant Organization and its Authorized Users, subject to any survival provisions in the Customer Agreement.

13.3 Effect of Termination. On termination, Your right to access the Platform ceases. Sections 6 (Customer Data and Privacy), 7 (Confidentiality), 8 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Effect of Termination), 14 (Indemnification), 15 (Governing Law and Dispute Resolution), and 17 (General) survive termination.

14. Indemnification by Authorized Users

Where You access the Platform other than as an Authorized User of an Organization that is party to a Customer Agreement, You will defend, indemnify, and hold harmless Hey Seven, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and reasonable attorneys’ fees arising out of or relating to: (a) Your breach of Section 5 (Acceptable Use); (b) Your violation of applicable law; or (c) Your infringement or misappropriation of any third-party intellectual property right. Where You access the Platform as an Authorized User of an Organization, indemnification obligations are governed by the Customer Agreement.

15. Governing Law; Dispute Resolution

15.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Venue. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware for any action arising out of or relating to these Terms, and waive any objection to such jurisdiction or venue based on inconvenient forum or otherwise.

15.3 Jury Waiver. EACH PARTY HEREBY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITS RIGHT TO A TRIAL BY JURY.

15.4 Equitable Relief. Nothing in this Section limits a party’s right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

16. Changes to These Terms

Hey Seven may update these Terms from time to time. Material changes will be communicated by posting the updated Terms within the Platform or by email to the Authorized User’s registered address at least thirty (30) days before the changes take effect. Non-material changes (including clarifications and corrections) take effect upon posting. Your continued access to the Platform after the effective date of an update constitutes acceptance of the updated Terms.

17. General

17.1 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Hey Seven’s prior written consent. Hey Seven may assign these Terms, without consent but with notice, to a successor in interest in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets to which these Terms relate. Any purported assignment in violation of this Section is void.

17.2 Force Majeure. Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, riots, epidemics, pandemics, government action, labor disputes, or failures of public utilities or telecommunications networks. The affected party will give prompt notice and use reasonable efforts to resume performance.

17.3 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely reflects the parties’ original intent.

17.4 Waiver. No failure or delay in exercising any right or remedy under these Terms operates as a waiver of that right or remedy.

17.5 Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.

17.6 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their permitted successors and assigns, except that an Organization for whose benefit an Authorized User accesses the Platform may enforce these Terms with respect to the Authorized User’s breach.

17.7 Compliance with Laws. Each party will comply with all laws applicable to its performance under these Terms, including anti-bribery laws (such as the U.S. Foreign Corrupt Practices Act and the UK Bribery Act), economic sanctions (including those administered by the U.S. Office of Foreign Assets Control), and export-control laws. Each party represents that it is not, and is not owned or controlled by, a person on any applicable sanctions list.

17.8 Entire Agreement. These Terms, together with any applicable Customer Agreement and the H7 Privacy Policy, constitute the entire agreement between the parties with respect to the Platform and supersede all prior or contemporaneous understandings.