Effective Date: 11. 04. 2025
Last Updated: 11. 04. 2025

1. Introduction & Scope

1.1 Purpose
These Terms & Conditions (“Terms”) govern the use of the ESG iGaming website https://esgigaming.com/, ESG iGaming’s advisory services, ESG certification, and any related offerings. By using this Website or engaging in ESG iGaming services, you agree to comply with these Terms. If you do not agree, you must discontinue use immediately.

1.2 Applicability
These Terms apply to:

Visitors and users of the ESG iGaming Website.
Companies applying for ESG Certification.
Clients using ESG iGaming’s advisory services.
Third parties interacting with ESG iGaming.

Separate terms govern ESG Certification (Section 4) and additional services provided by ESG iGaming (Section 5).

2. Website Terms & Conditions

2.1 Introduction & Scope

These Website Terms & Conditions (“Terms”) govern the use of the ESG iGaming website https://esgigaming.com/. By accessing and using this Website, you agree to comply with these Terms. If you do not agree, you must discontinue use immediately.

These Terms apply to all users of the Website, including visitors, companies applying for ESG Certification, and third-party entities interacting with ESG iGaming.
Separate terms govern ESG Certification (Section 4) and any additional services provided by ESG iGaming (Section 5).

2.2 Acceptable Use Policy

Users agree not to misuse the Website and must comply with all applicable laws. Specifically, users may not:

Engage in unauthorized access attempts, including hacking, scraping, or reverse engineering the Website.
Use the Website for fraudulent, deceptive, or misleading activities.
Upload or share malicious software, harmful content, or unauthorized advertisements.
Misrepresent affiliation with ESG iGaming or falsely claim certification.
Use automated bots, scripts, or scraping tools to extract data.

Enforcement Measures

Violations of this policy will result in escalating enforcement actions, which may include:

First offense – Written warning and request for compliance.
Second offense – Temporary suspension from the Website.
Severe or repeated violations – Permanent ban and legal action.

2.3 Intellectual Property Rights & Trademark Protection

All content, logos, trademarks, and materials on the ESG iGaming Website are the exclusive property of ESG iGaming unless otherwise stated.
Users may not copy, modify, distribute, or use ESG iGaming’s content for commercial purposes without prior written consent.
The ESG iGaming certification badge and trademarks are protected under intellectual property law. Unauthorized use may result in legal action.

Trademark Infringement Reporting

If you suspect unauthorized use of ESG iGaming trademarks, certification badges, or branding, please report it immediately to info@esgigaming.com]. ESG iGaming reserves the right to issue cease-and-desist notices and pursue legal action against infringers.

2.4 Third-Party Links & External Content Disclaimer

The Website may contain links to external third-party websites. ESG iGaming does not endorse or control external sites and is not responsible for their content, security, or policies.
Clicking external links is at the user’s own risk.
ESG iGaming does not verify, endorse, or guarantee the safety of third-party links. Users are advised to exercise caution when accessing external sites, as ESG iGaming is not liable for any fraudulent, deceptive, or malicious content encountered on third-party websites.

2.5 No Guarantees on Information Accuracy

The Website’s content is provided for informational purposes only.
ESG iGaming does not guarantee the accuracy, completeness, or timeliness of content.
Users should independently verify information before making business, compliance, or investment decisions based on Website content.

2.6 Limitation of Liability & Force Majeure

To the maximum extent permitted by law:

ESG iGaming is not liable for any direct, indirect, incidental, or consequential damages resulting from Website use.
ESG iGaming does not guarantee uninterrupted or error-free access to the Website.
ESG iGaming is not responsible for losses, including financial, reputational, or data loss, due to reliance on Website content or external links.
Force Majeure: ESG iGaming is not liable for delays, disruptions, or service interruptions caused by circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, changes in legal or regulatory requirements, or acts of third parties.

2.7 User-Generated Content Disclaimer

ESG iGaming is not responsible for user-generated content posted on the Website.
Any opinions, statements, or claims made by third parties do not reflect the views of ESG iGaming.
ESG iGaming reserves the right to remove inappropriate or unlawful content but does not assume liability for monitoring user activity.

2.8 Termination of Website Access

ESG iGaming reserves the right to restrict, suspend, or terminate access to the Website at any time without notice, especially in cases of:

Violation of these Terms.
Attempted hacking, data extraction, or misuse.
Fraudulent activity or misrepresentation.

Users waive any claims against ESG iGaming for denial of access based on these enforcement measures.

2.9 Dispute Resolution & Governing Law

These Terms are governed by the laws of Austria.
Alternative Dispute Resolution (ADR): In the event of a dispute, ESG iGaming and the disputing party agree to first attempt to resolve the matter through good-faith negotiations or mediation.
If mediation fails, disputes shall be handled exclusively in the courts of Austria.

2.10 Updates & Amendments

ESG iGaming reserves the right to modify these Terms at any time.
Continued use of the Website after changes are published constitutes acceptance of the revised Terms.

3. ESG iGaming Certification

3.1 Scope & Eligibility

The ESG iGaming Certification is available to businesses operating in or serving the iGaming industry, including but not limited to:

Licensed iGaming operators
Game providers and software developers
iGaming platforms and affiliates
Media organizations, news outlets, and research firms covering iGaming-related topics
Compliance, KYC, risk management, and responsible gambling service providers

3.1.1 Compliance Requirements

To qualify for certification, applicants must:

Operators – Hold and operate under a valid gaming license issued by a recognized jurisdiction (where applicable).
Game providers & technology suppliers – Demonstrate compliance with industry-recognized testing and certification standards (e.g., eCOGRA, iTech Labs, or equivalent independent auditors).
Other service providers – Adhere to ESG best practices relevant to their business operations.
Provide accurate and truthful information during the ESG self-assessment process.
Attain the minimum ESG assessment score required for certification, based on the defined certification framework.
Agree to participate in ESG assessment reviews with the ESG iGaming team at least once per year to maintain certification status.

Note: ESG iGaming Certification will conduct independent third-party audits in the future. The certification process currently relies on a self-assessment and review model. While best efforts are made to verify compliance, companies bear full responsibility for the accuracy of their disclosures.

3.2 Certification Process

3.2.1 Application & Assessment

The ESG iGaming Certification is structured according to international ESG standards, incorporating best practices from:

ISO ESG Guidelines – International best practices for corporate sustainability.
United Nations Global Compact (UNGC) – Ten universal principles in human rights, labor standards, environment, and anti-corruption.
United Nations Sustainable Development Goals (SDGs) – 17 global goals for a sustainable future.
United Nations Principles for Responsible Investment (UN PRI) – ESG factors for responsible investment decision-making.

The certification process consists of the following steps:

Application Submission – Companies must complete and submit an official certification application via https://esgigaming.com/services/iesg-assessment/.
Self-Assessment Questionnaire – Companies provide information regarding their ESG policies, initiatives, and compliance efforts.
Internal Review & Verification – The ESG iGaming team reviews the application and may request additional documentation for validation. Any false or misleading disclosures may result in immediate revocation of certification.
Scoring & Recommendations – Companies receive an initial ESG score along with guidance for potential improvements.
Approval & Subscription Activation – Upon successful review, companies qualify for ESG iGaming Certification.
Ongoing ESG Assessment Reviews – Certified companies must undergo at least one ESG compliance check per year with the ESG iGaming team.

3.2.2 Certification Tiers & Validity

The ESG iGaming Certification is awarded in three tiers based on compliance levels:

ESG Foundations, Tier 1 – Meets the minimum ESG compliance requirements.
ESG Progression Tier 2– Demonstrates strong commitment and measurable action.
ESG Leadership Tier 3 – Represents industry-leading ESG excellence.

Each certification is valid for 12 months, regardless of subscription status.

Certification remains valid for 12 months. However, companies may only publicly claim ESG certification and display the ESG certification badge while maintaining an active subscription.
If a subscription is canceled or not renewed, the company must remove the ESG certification badge from all materials.

If a company’s gaming license is revoked, ESG iGaming reserves the right to suspend or terminate certification status.

3.3. Use of Certification & Branding

3.3.1 Rights & Restrictions

Certified companies may:

Display the ESG certification badge on their website, marketing materials, and corporate communications (if an active subscription is maintained).

Certified companies may not:

Use the certification badge in a misleading manner, such as implying regulatory approval or an endorsement beyond ESG compliance.
Assign, sell, or transfer the certification badge to another entity.
Continue using the badge if their certification is suspended, revoked, or if their subscription lapses.

3.3.2 Revocation & Public Disclosure

If certification is revoked, the company must immediately remove all references to ESG certification from its website, marketing materials, and communications.
Upon revocation, the company must remove all references to ESG certification immediately. If the badge is not removed within 30 days, ESG iGaming reserves the right to issue public non-compliance statements, take legal action, and impose financial penalties.
ESG iGaming reserves the right to publicly announce revoked certifications for transparency.
Before any public disclosure, the company will receive prior written notice and an opportunity to present relevant clarifications or evidence within 14 days before final revocation is published.

3.4 Subscription Fees & Renewal

3.4.1 Membership & Subscription

The ESG iGaming Certification operates on a subscription model. The certification fee covers:

The right to display the ESG certification badge

Note: The ESG assessment itself is provided free of charge. Fees only apply to certification and the right to use the ESG certification badge.

3.4.2 Certification Validity & Subscription Requirement

Certification remains valid for 12 months, even without a subscription.
The right to use and display the ESG certification badge is tied to an active subscription.
If a company cancels or fails to renew its subscription, it must remove all ESG certification badges from public use.

3.4.3 Price Adjustments & Chargeback Prevention

ESG iGaming reserves the right to adjust subscription fees with 30 days’ notice.
Chargebacks or payment disputes on certification fees constitute a breach of these terms and will result in immediate suspension of certification and badge usage. ESG iGaming reserves the right to impose a permanent ban unless the dispute is resolved in ESG iGaming’s favor.

3.4.4 Renewal & Cancellation

Renewal: Companies must undergo a reassessment before renewal to maintain certification.
Cancellation: Companies may cancel their certification at any time, but fees paid are non-refundable. Upon cancellation, all rights to use the ESG certification badge are revoked.

3.5 Liability & Legal Disclaimer

3.5.1 ESG iGaming Certification as a Voluntary Initiative

ESG iGaming Certification does not replace any legal or regulatory gambling licenses required to operate in a jurisdiction. Companies remain fully responsible for compliance with local gambling laws.
ESG iGaming is not liable for financial losses, regulatory actions, or reputational damage resulting from a company’s use of the certification.
ESG iGaming does not guarantee financial, reputational, or regulatory benefits from certification. ESG iGaming is not liable for misrepresentations made by certified entities, including false claims of ESG compliance.

3.5.2 Indemnification Clause

Certified companies agree to indemnify and hold ESG iGaming harmless from any claims, damages, or legal costs arising from their use of certification.

3.5.3 Governing Law & Jurisdiction

These Terms & Conditions are governed by the laws of Austria. Any disputes shall be subject to the exclusive jurisdiction of the courts of Austria.

3.6 Updates & Amendments

ESG iGaming reserves the right to amend these Terms & Conditions at any time. Certified companies will be notified of significant changes via email or through the ESG iGaming website.

4. Service & Advisory

4.1 Scope of Services

These Terms & Conditions govern all professional advisory services provided by ESG iGaming, including but not limited to:

ESG Strategy & Guidance – Strategic recommendations, assessment insights, and best practice alignment.
Public Relations & Media Support – ESG-focused press releases, media outreach, and brand positioning.
Sustainability Reporting & Benchmarking – Assisting companies in ESG performance measurement and reporting.
Custom ESG Roadmaps – Tailored recommendations for businesses integrating ESG principles.

ESG iGaming provides advisory insights only. ESG iGaming’s recommendations are non-binding, and clients retain full responsibility for implementation and compliance.

4.2 Engagement Terms & Obligations

4.2.1 Client Responsibilities

Clients engaging ESG iGaming’s services agree to:

Provide accurate, complete, and truthful information necessary for advisory services.
Ensure compliance with applicable laws and regulations when implementing ESG strategies.
Understand that ESG iGaming provides advisory services but does not guarantee specific outcomes or regulatory approvals.

4.2.2 ESG iGaming’s Responsibilities

ESG iGaming will:

Provide services with reasonable skill, care, and professionalism.
Deliver non-binding recommendations based on industry best practices.
Maintain confidentiality, ensuring that client data and strategies remain private.

ESG iGaming is not responsible for how clients implement its recommendations or for any consequences of non-compliance with ESG standards.

4.3 Fees, Payment Terms & Refunds

4.3.1 Fees & Billing

Fees for advisory services will be agreed upon in a separate contract before engagement.
Invoices are due within 14 days of issue, unless otherwise stated.
Any non-refundable deposits will be specified in individual service agreements.

4.3.2 Refund Policy

Advisory fees are non-refundable once services have commenced.
If a client cancels before completion, refunds will be calculated based on work already completed.
ESG iGaming reserves the right to charge a cancellation fee if significant resources were allocated.

4.4 Confidentiality & Data Protection

ESG iGaming will keep all client information strictly confidential.
Clients must not disclose proprietary ESG methodologies, reports, or analysis received from ESG iGaming without prior written consent.
ESG iGaming does not disclose client information to third parties without explicit client approval.

4.5 Liability & Indemnification

4.5.1 Limitation of Liability

To the maximum extent permitted by law:

ESG iGaming is not liable for business losses, financial penalties, or reputational damage resulting from ESG decisions made by clients.
ESG iGaming is not responsible for regulatory approvals or third-party ESG compliance disputes.
ESG iGaming does not guarantee financial returns based on ESG strategy implementation.

4.5.2 Client Indemnification

Clients agree to indemnify ESG iGaming against any claims, legal actions, or liabilities arising from:

Misuse or misrepresentation of ESG iGaming’s recommendations.
Failure to comply with local, regional, or international ESG regulations.
Clients acknowledge that ESG iGaming provides non-binding advisory insights. ESG iGaming is not responsible for any business, financial, regulatory, or reputational consequences resulting from ESG-related decisions made by the client.

4.6 Termination of Services

4.6.1 Termination by Client

Clients may terminate an advisory agreement at any time with written notice.
If termination occurs after work has commenced, ESG iGaming is entitled to full payment for work already completed.

4.6.2 Termination by ESG iGaming

ESG iGaming reserves the right to terminate services immediately if a client:

Provides false or misleading information that affects service accuracy.
Engages in unethical, fraudulent, or illegal business practices.
Fails to comply with agreed payment terms.

5. Governing Law & Dispute Resolution

These Terms are governed by the laws of Austria. In the event of a dispute, both parties agree to first attempt to resolve matters through good-faith negotiations. If mediation fails, disputes shall be handled exclusively in the courts of Austria.

5.1 Governing Law

These Terms & Conditions are governed by the laws of Austria, within the framework of applicable EU regulations. Where EU regulations provide discretion to member states, Austrian law shall apply.
Where applicable, mandatory EU regulations take precedence over Austrian law. However, where EU regulations allow member states discretion, Austrian law shall apply.

5.2 Exclusive Jurisdiction & Forum Selection

All disputes arising from or related to these Terms shall be resolved exclusively in the courts of Austria.
Clients waive their right to bring claims in any other jurisdiction.
If a foreign court attempts to claim jurisdiction, the parties agree that Austrian courts shall have overriding authority.

5.3 Mandatory Mediation Before Litigation

Before initiating legal action, the parties must attempt good-faith negotiations.
If negotiations fail, the parties agree to mandatory mediation under the Vienna Mediation Rules, administered by the Vienna International Arbitral Centre (VIAC).
The mediation shall be conducted in Vienna, Austria, in English or German, unless both parties agree otherwise.
If mediation does not result in a resolution within 60 days, either party may proceed with litigation.

5.4 Recognition & Enforcement of Court Decisions

Any final ruling by an Austrian court shall be recognized and enforced under:
- The Brussels I Regulation (EU 1215/2012) for EU-based clients.
- The Hague Convention on the Recognition of Foreign Judgments for non-EU clients.
Clients agree not to contest the enforcement of an Austrian court ruling in their home jurisdiction.

5.5 Limitation on Claims

Any claims arising under these Terms must be filed within 12 months from the date of the event giving rise to the claim.
Claims brought after this period shall be considered waived and unenforceable.

6. Ownership of Intellectual Property

All materials, methodologies, reports, branding, ESG certification badges, and advisory content provided by ESG iGaming remain the exclusive property of ESG iGaming GmbH (or its legal entity).

Clients acknowledge that engagement with ESG iGaming does not grant them any ownership, license, or ongoing rights to ESG iGaming’s intellectual property beyond the limited rights granted under these Terms.

Clients are granted a limited, non-exclusive, non-transferable, revocable right to use ESG iGaming’s certification badge only while they maintain an active subscription and remain in compliance with ESG standards.

6.2 Restrictions on Use

Clients may not modify, reproduce, distribute, sublicense, or resell any ESG iGaming proprietary materials, certification badges, reports, or methodologies without prior written consent.
The ESG iGaming certification badge may not be used in a misleading, deceptive, or unlawful manner (e.g., implying regulatory approval that does not exist).
Clients must immediately cease using the certification badge upon termination, suspension, or revocation. ESG iGaming reserves the right to issue takedown notices, pursue legal action, and publicly announce non-compliance if a company fails to comply within 30 days.
Prohibition on Replication:
- Clients and third parties are strictly prohibited from copying, reverse-engineering, modifying, or creating derivative works based on ESG iGaming’s:
  - ESG certification framework
  - ESG assessment methodology, scoring system, and benchmarks
  - ESG self-assessment questionnaire
  - ESG reporting format or evaluation criteria
- Unauthorized replication of any part of the ESG iGaming certification constitutes intellectual property infringement and may result in:
  - Legal claims for damages
  - Injunctive relief (court orders to prevent further use)
  - Financial penalties and legal cost recovery

6.3 Trademark & Branding Protection

The ESG iGaming certification badge is a trademarked property and may only be used in accordance with ESG iGaming’s branding guidelines.
Unauthorized use of the ESG iGaming name, logo, methodologies, or certification badge may result in immediate revocation and legal claims for damages.
In the event of intellectual property infringement, ESG iGaming reserves the right to:
- Seek injunctive relief (court order to stop misuse).
- Claim financial damages for unauthorized use.
- Recover legal costs incurred in enforcing its rights.

7. Changes & Updates

7.1Right to Amend the T&Cs

ESG iGaming reserves the right to modify, update, or amend these Terms & Conditions at any time to reflect:
- Changes in legal requirements
- Updates to business operations
- Modifications to service offerings
Material changes (i.e., those significantly affecting service scope, fees, legal obligations, or client rights) will take effect 30 days after notification, unless immediate changes are required by law.
Non-material changes (clarifications, administrative updates, formatting) will take effect immediately upon publication on the ESG iGaming website.

7.2 Notification of Changes

Clients will be notified of material changes through one or more of the following methods:

Website Announcement – Changes will be posted on the ESG iGaming website.
Email Notification – Clients who have engaged ESG iGaming’s services will receive an email summary of the key updates.
Direct Notification for Active Clients – If changes impact ongoing advisory services, ESG iGaming will provide direct written notice to affected clients.

Clients are responsible for ensuring their contact details are accurate and for regularly reviewing the ESG iGaming website for updates. ESG iGaming is not responsible for notifications lost due to spam filters or outdated contact details.

7.3 Client Acceptance of Changes

Non-material changes do not provide grounds for contract termination.

Continued use of ESG iGaming’s services after an update constitutes acceptance of the revised Terms.

If a client disagrees with a material change, they may terminate their engagement under Section 4.6 (Termination of Services) before the change takes effect.

Terms an Conditions