Terms of Service

Last updated: 14 October 2026 · Version 1.1 (draft)

Draft notice. These Terms are an early reference draft and may be updated before binding signature. For commercial agreements (Growth, Scale, Enterprise plans), the executed customer agreement supersedes this page. We recommend reviewing the full agreement with your counsel before signing.

1. Introduction

These Terms of Service (“Terms”) govern your access to and use of the DXAPlay platform, including the operator admin, the customer portal, the public API, the developer documentation and the website dxaplay.com (collectively, the “Service”).

The Service is provided by 3-102-954577 S.R.L., a limited liability company (Sociedad de Responsabilidad Limitada) organized under the laws of Costa Rica, trading as DXAPlay (“DXAPlay”, “we”, “us”). By creating an account, accessing the API, or otherwise using the Service, you (“Customer”) agree to these Terms.

2. Nature of the Service

DXAPlay is a business-to-business (B2B) software-as-a-service platform that provides player-engagement, CRM, loyalty, affiliate, gamification, risk and back-office tooling to operators in the iGaming industry. DXAPlay is not a gambling operator, does not accept wagers, does not hold player funds, and does not directly serve end-players. Customer is responsible for holding any required gambling licenses and complying with all applicable gambling, payments, AML and data-protection regulations in the jurisdictions where Customer operates.

3. Eligibility & Account Registration

To sign up, Customer must be a legally formed entity capable of entering into binding contracts.
Customer must provide accurate business information (legal name, registration details, contact email) during signup.
Customer is responsible for maintaining the confidentiality of API keys and any account credentials.
Customer must promptly notify DXAPlay of any unauthorized access to the Service.

4. Acceptable Use

Customer agrees not to:

Use the Service to facilitate unlawful gambling, money laundering, terrorist financing, fraud, or other illegal activity
Use the Service in jurisdictions where Customer’s operations are not properly licensed or are explicitly prohibited
Attempt to reverse-engineer, decompile, or extract source code from any part of the Service
Resell, sublicense, or repackage the Service except as expressly permitted under a written agreement
Probe, scan, or test the vulnerability of the Service without prior written consent
Interfere with or disrupt the integrity or performance of the Service

5. Subscription Plans & Billing

Plans are described at dxaplay.com/#pricing and consist of a monthly base fee plus per-MAP (monthly active player) metered usage.
Subscriptions auto-renew monthly unless canceled.
DXAPlay may suspend or terminate service for non-payment after reasonable notice.
Plan changes (upgrades / downgrades) take effect at the start of the next billing cycle unless otherwise agreed.
Taxes (VAT, sales tax, etc.) are Customer’s responsibility unless DXAPlay is required to collect them.

6. Intellectual Property

DXAPlay retains all right, title, and interest in the Service, including the underlying software, infrastructure, documentation, designs, trademarks (including the DXAPlay name and logo), and aggregated usage data. Customer retains all right, title, and interest in Customer’s data, content, and player data processed through the Service. DXAPlay is granted a limited license to process Customer data solely as necessary to deliver and improve the Service.

7. Data & Privacy

Data processing is governed by the Privacy Policy and any executed Data Processing Agreement (“DPA”). Customer represents that it has obtained all necessary consents from end-players for any player data Customer transmits to DXAPlay.

8. Security

DXAPlay maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer data, including TLS in transit, encrypted-at-rest storage, role-based access controls, append-only audit logs, and webhook signature verification. DXAPlay will notify Customer of confirmed unauthorized disclosures of Customer data within a reasonable timeframe consistent with applicable law.

9. Service Availability

DXAPlay targets 99.5% monthly uptime on the Starter plan, 99.9% on Growth, and 99.95% on Scale & Enterprise. Detailed SLA terms (including credits and exclusions) apply to Growth, Scale, and Enterprise plans as specified in their respective order forms.

10. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, DXAPlay disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted operation. DXAPlay does not warrant that the Service will be error-free or meet Customer’s specific requirements.

11. Limitation of Liability

To the maximum extent permitted by law, DXAPlay’s total cumulative liability arising out of or related to these Terms shall not exceed the greater of (a) the fees paid by Customer to DXAPlay in the twelve (12) months preceding the claim, or (b) USD $10,000. In no event shall DXAPlay be liable for indirect, consequential, incidental, special, exemplary, or punitive damages.

12. Indemnification

Customer agrees to indemnify and hold harmless DXAPlay from any third-party claims arising from (a) Customer’s breach of these Terms, (b) Customer’s use of the Service in violation of applicable law, or (c) Customer’s gambling operations and any associated regulatory liability.

13. Term & Termination

Either party may terminate for material breach if the other party fails to cure within thirty (30) days of written notice.
DXAPlay may suspend or terminate immediately for prohibited use, non-payment beyond cure period, or legal/regulatory necessity.
Upon termination, Customer’s access ceases and Customer data is retained for thirty (30) days for export, then deleted (subject to legal-hold obligations).

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of Costa Rica, without regard to conflict-of-laws principles. Any disputes shall be resolved in the courts of San José, Costa Rica, or, at DXAPlay’s option, by binding arbitration under the rules of the International Chamber of Commerce (ICC). Enterprise customers may negotiate alternative governing law and venue in their order form.

15. Changes to These Terms

DXAPlay may update these Terms. Material changes will be notified at least thirty (30) days before they take effect via email to the account’s primary contact. Continued use of the Service after the effective date constitutes acceptance.

16. Contact

Questions about these Terms: [email protected]