PlayerHost.ai, LLC

11500 S Eastern Avenue, Ste 150, Henderson, NV 89052
P: (702) 337-3355 · www.playerhost.ai

TERMS OF USE AND PRIVACY POLICY

PlayerHost.ai, LLC, its subsidiaries, and affiliates (“PLAYERHOST”) provide the content on the PLAYERHOST website (the “PLAYERHOST Site”) (PLAYERHOST may hereinafter be collectively referred to as “We” or “Us”) subject to the following terms and conditions and the governing PLAYERHOST Licensing Agreement (the “Agreement”).

We may periodically change the Terms of Use and Privacy Policy without notice to you, so please check back from time to time. In order to become a PLAYERHOST User, you must read and accept PLAYERHOST’s Terms of Use and Privacy Policy. In the event of any inconsistency between the Agreement and this Terms of Use and Privacy Policy, the terms of the Agreement shall prevail. Nothing in this Terms of Use and Privacy Policy shall be deemed to confer any third-party rights or benefits.

For Definitions, refer to Section 11.

1) INTRODUCTION

(a) By accessing or using this Site, registered users, customers, clients or visitors (the “Licensee”), agree to these terms of use, conditions and all applicable laws. If you do not agree to these Terms, you may not use the PLAYERHOST Site.

2) MODIFICATION OF THESE TERMS OF USE

(a) PLAYERHOST reserves the right to change the terms, conditions, and notices under which the PLAYERHOST Site is offered, including but not limited to, the charges associated with the use of the PLAYERHOST Site(s). You are responsible for regularly reviewing these Terms and Conditions.

3) DESCRIPTION OF PLAYERHOST

(a) PLAYERHOST is a player marketing, communication, and retention Software-as-a-Service (SaaS) solution to help vendors and suppliers engage mid-tier casino players with personalized interactions typically reserved for high rollers.

(b) PLAYERHOST fosters targeted player engagement through personalized communication, engages players through personalized emails, text messages, artificial intelligence (“AI”) powered phone voicemails and phone call, and existing casino mobile applications.

(c) PLAYERHOST proactively offers tailored perks to players, including free play, drink and dining credits, discounted entertainment and show tickets, discounted hotel stays, and other incentives to encourage the player to visit the casino.

4) INTELLECTUAL PROPERTY RIGHTS

(a) All material on PLAYERHOST websites, including but not limited to, the design, functionality, user interaction, and processes of PLAYERHOST, whether explicitly marked or not, as well as any other PLAYERHOST material that you receive as a PLAYERHOST User other than Licensee’s Property as defined in the PLAYERHOST Licensing Agreement, is the proprietary property of PLAYERHOST and/or its licensors. Such materials may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.

5) COPYRIGHTS AND TRADEMARKS

(a) The entire content included in the PLAYERHOST Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of PLAYERHOST. The collective work includes works that are licensed to PLAYERHOST. Copyright 2018. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of PLAYERHOST, or other respective owners that have granted PLAYERHOST the right and license to use such Marks.

6) DOCUMENTATION & SYSTEM REQUIREMENTS

(a) DOCUMENTATION

(i) PLAYERHOST shall allow Licensee’s Designated Users access to the Documentation for the Software subject to the Agreement. Such Documentation will, at PLAYERHOST’s sole discretion, be made available to Licensee from the relevant User Manual menus in the Software itself, or as delivered by PLAYERHOST to Licensee.
(ii) The Documentation is subject to change without prior notification.

(b) SYSTEM REQUIREMENTS

(i) It is a requirement for the successful use of the Service that certain system requirements are met by the workstations of Designated Users and anyone else interacting with the Software under the Agreement. The system requirements applicable at any time are as follows:

(ii) The system requirements are subject to change from time to time at PLAYERHOST’s sole discretion. Changes will take effect no less than thirty (30) days after notice is posted on PLAYERHOST’s Extranet and by e-mail to those addresses Licensee has conveyed to PLAYERHOST.

7) SUPPORT

(a) OVERVIEW

(i) PLAYERHOST’s obligation to provide any form of Support detailed in the Agreement is dependent on the validity of the Agreement. Should the Agreement be terminated for any reason, PLAYERHOST’s obligation to provide any form of Support will cease automatically on the occurrence of such event.
(ii) Requests for Support relating to errors or malfunctions will only be addressed by PLAYERHOST after Licensee provides sufficiently detailed documentary evidence of the errors or malfunctions, including copies of all relevant error messages, so that PLAYERHOST can recreate the error.

(b) LICENSEE SUPPORT ADMINISTRATION

(i) Licensee shall designate one primary Support Contact (“Designated Support Contact” or “DSC”) who will act as the conduit for all requests from Licensee to PLAYERHOST relating to use and troubleshooting.
(ii) Licensee may designate additional employees as subordinate Support Contacts (“Additional Support Contacts”) subject to written agreement and an annual fee.
(iii) DSCs must complete training prescribed by PLAYERHOST or possess equivalent skills.
(iv) Requests for Support shall only be submitted by the DSC by e-mail to support@playerhost.ai (or alternative as informed by PLAYERHOST). Requests sent from others or to other addresses may not be handled and shall not constitute a breach by PLAYERHOST.
(v) Licensees are responsible for providing up-to-date DSC contact details throughout the Term.
(vi) Contact details should be sent to support@playerhost.ai and include Name, Address, Phone, Email.
(vii) Failure to provide accurate information may result in Newsletters and other important information not reaching Licensee. PLAYERHOST is not responsible for such failure of communication.

(c) TYPES OF SUPPORT

(i) During the Term, PLAYERHOST offers Standard Support, Service Enhancements, and Additional Services (collectively, “Support”).
(ii) STANDARD SUPPORT

1. Subject to payment of the License Fee, PLAYERHOST provides Standard Support to Licensee in response to requests from one DSC at no additional charge.

2. Standard Support includes explanation and guidance related to installation and use of PLAYERHOST, the administrator portal, and report generation. Available during Standard Support Hours via support@playerhost.ai.

3. Assistance beyond Standard Support (e.g., consultancy services such as J-script/HTML/QSL assistance) may be treated as an “Additional Service” at standard rates, after notice.

4. Not included in Standard Support (but available as Additional Services at PLAYERHOST rates set in an Order Form): correction of errors or malfunctions caused in whole or significant part by:

   • Licensee’s or its employees’ negligence;

   • Use of the Software outside the Documentation (where such use is not in contravention of the Agreement);

   • Accidents and other events occasioned by Licensee and for which PLAYERHOST is not responsible.

(iii) SERVICE ENHANCEMENTS
During the Term and as deemed necessary, PLAYERHOST will enhance the Service by upgrading the Software or the supporting equipment. Software upgrades ensure backwards compatibility unless otherwise notified via e-mail no less than ninety (90) days in advance.

(iv) ADDITIONAL SERVICES
Subject to availability and agreement on pricing/terms, PLAYERHOST may provide Additional Services upon request.

• Rates are set forth in the applicable Order Form (billed in minimum 15-minute increments).

• Categories:

  1. Professional Services/Project & Authoring Assistance (e.g., programming, report building, project admin, HTML programming).

  2. Technical Consultancy/Systems Development (e.g., recovery from backups after Licensee deletion, custom-tailored functions).

  3. Error correction payable by Licensee (per Agreement §5.6 conditions).

  4. On-Site Support/User Support outside Standard Support Hours (classified and billed as consultancy).

(v) STANDARD SUPPORT HOURS AND TARGET RESPONSE TIME

• Hours: 8:00 a.m.–8:00 p.m. PST, Monday–Friday (excluding U.S. statutory holidays).

• Targets:

Notes:
(a) “Business hours” means time within Standard Support Hours.
(b) “Category” may be adjusted by PLAYERHOST if misclassified.
(c) “Target Response Time” is time from receipt to initiation of action; time to arrive at a solution may be longer.

Non-Critical Faults: If a Non-Critical Fault will be corrected in an upcoming Service Enhancement, PLAYERHOST may decline assistance for a reasonable period prior to issuance.

(d) TRAINING

(i) Subject to availability and PLAYERHOST rates, PLAYERHOST will train Licensee’s employees upon request.
(ii) Trainees must already be proficient and experienced in computer equipment and software.

(e) HOSTING

(i) The Service is hosted on PLAYERHOST’s Hosting Environment, currently outsourced to a third-party cloud hosting company. Location/provider may change from time to time without materially compromising quality. Changes will be communicated to all Designated Users no later than sixty (60) days in advance.

8) SERVICE LEVEL AGREEMENT (SLA)

(a) BACKUP RETENTION AND RECOVERY

• Weekly full backup on Sundays (local + compressed → moved to tape).

• Daily incremental backups (local + compressed → moved to tape).

• Last full backup for every week stored off-site for 12 months.

• Data loss not caused by Licensee: restoration commences within 2 hours and proceeds without undue delay.

• Data loss caused by Licensee: recovery initiated within 1 business day after request; standard consultancy charges apply.

(b) MAINTENANCE AND OUTAGE NOTIFICATIONS

• Maintenance Window: 01:00–01:30 PST, Mon–Sat; and 01:00–03:00 PST (Sun).

  1. Windows may be used without advance announcement; users attempting to work during a utilized window will see a maintenance page; pre-scheduled tasks may fail if overlapping backup queries.

  2. Utilized windows normally do not impact General Users; if expected to impact, notice is given in the admin portal News area per “Scheduled Maintenance” process.

• Scheduled Maintenance: Posted in admin portal News at least 7 days in advance; applies if expected to impact (i) Designated Users >60 minutes outside the window and/or (ii) General Users >30 minutes; may occur outside the window.

• Urgent Maintenance: Pre-announced but not posted as Scheduled; notified as soon as reasonably possible via the same channels.

• Emergency Maintenance: Performed for severe issues (e.g., Service Unavailability) that preclude pre-notification.

• Outage Notifications:

  1. If the admin portal is operational, info will be posted there as soon as practicable.

  2. If hosting access is prevented, a temporary page will inform visitors to return later.

  3. For Service Unavailability impacting General Users approaching 60 minutes, PLAYERHOST will endeavor to send e-mails to all DSCs; a follow-up with preliminary cause analysis will be sent when service is restored.

  4. The admin portal News area is the key repository; Designated Users should check regularly.

  5. PLAYERHOST is not responsible for non-delivery of e-mails due to issues outside its control (e.g., firewalls, spam filters).

(c) SERVICE AVAILABILITY

(i) PLAYERHOST provides 99.7% uptime on a quarterly basis for the Software.
(ii) Availability calculations consider downtime criteria and what constitutes Service Unavailability.
(iii) In the event of breach, Licensee’s sole remedy is Performance Compensation (below).
(iv) Service Unavailability: complete, sustained unavailability of General Users’ ability to complete PLAYERHOST questionnaires. If sustained for more than an average of 132 minutes per month (6.5 hours per quarter, i.e., 0.3% average quarterly downtime), Licensee may claim:

* Quarter = calendar quarter (Q1 Jan–Mar; Q2 Apr–Jun; etc.)

(v) Service Unavailability = Emergency Maintenance + other unavailability outside the Maintenance Window, Scheduled Maintenance, and Urgent Maintenance.

(d) SPECIFICATIONS

• No compensation for Service Unavailability due to Scheduled or Urgent Maintenance or work within the Maintenance Window.

• No compensation for restoration/disaster recovery due to data loss not directly/indirectly caused by PLAYERHOST or its suppliers.

• PLAYERHOST will use reasonable efforts to minimize impact of Scheduled/Urgent Maintenance.

• No compensation for extensions to the Maintenance Window not caused by PLAYERHOST or its suppliers.

• Unavailability caused by Licensee’s failure to meet Minimum System Requirements, failure to comply with the Acceptable Use Policy, or Force Majeure is excluded.

(e) REPORTING OF SERVICE AVAILABILITY

• PLAYERHOST will notify Licensee within a reasonable time in the admin portal News area when monitoring detects a breach.

• A quarterly availability report will be posted on the News area and/or homepage.

(f) COMPENSATION CLAIMS

• Claims must be e-mailed to support@playerhost.ai by the 15th day of the month following the quarter of the incident.

(g) HOUSEKEEPING: ROUTINES AND PROCEDURES

(i) Batch tasks. Limits are defined to avoid activity peaks; tasks may queue. E-mail send-outs may take time; allow margin for deadlines.
(ii) Database Housekeeping. Published reports (HTML pages) not accessed for 180 days will be deleted.

9) MUTUAL CONFIDENTIALITY TERMS

(a) CONFIDENTIAL INFORMATION

(i) Any prior NDA remains in force during the Term; where conflict exists, the provision offering greater protection to the Disclosing Party prevails.
(ii) The Parties recognize they may disclose proprietary commercial/technical information requiring protection.
(iii) “Confidential Information” includes information designated as such (or reasonably expected to be), including the Software, Documentation, and Service (PLAYERHOST’s Confidential Information).

(b) THE PARTIES AGREE

(i) Confidential Information remains the property of the Disclosing Party. The Recipient shall:

1. Treat and hold as confidential;

2. Use solely for the Agreement’s purpose unless otherwise stated in writing;

3. Not disclose to third parties without prior written consent; disclose internally only on a need-to-know basis to personnel under confidentiality obligations;

4. Not use to design/develop/manufacture similar or competing products for itself or third parties.
   (ii) Each Party will ensure employee compliance.
   (iii) Nothing prevents either Party from using its own Confidential Information or that generated independently without using the other Party’s Confidential Information.
   (iv) The Disclosing Party acknowledges Recipient may independently develop or receive similar information.
   (v) PLAYERHOST may share Confidential Information within its group on a need-to-know basis under confidentiality obligations.

(c) EXCEPTIONS

Not applicable to information that:

1. Was rightfully in the Recipient’s possession prior to receipt;

2. Is public knowledge (not through Recipient’s breach);

3. Is obtained from a third party free of restriction;

4. Is independently developed without access to the Confidential Information;

5. Is required to be disclosed by law/court order (with prompt notice where permitted and assistance for protective measures).

(d) OWNERSHIP

No implied rights; no licenses under any IP; no IP transfer. Disclosures carry no warranty; Disclosing Party not liable for inaccuracies.

(e) VALIDITY

Confidentiality applies to information disclosed during the Agreement’s validity and continues after termination.

(f) UNAUTHORIZED DISCLOSURE

Standard of care: at least reasonable care (and no less than Recipient uses for its own similar information). If loss/unauthorized disclosure occurs, notify immediately and take reasonable steps to retrieve. Breach may warrant injunctive relief in addition to other remedies.

10) PRIVACY POLICY

(a) OVERVIEW

(i) We will never rent or sell your personally identifiable information to third parties for marketing.
(ii) We will never share your contact information with another PLAYERHOST User or third party without your consent.
(iii) Sensitive information you provide will be secured with industry-standard protocols and technology.
(iv) Notice of material changes to personal data use/sharing will be posted. Continued use after notice constitutes consent.
(v) Read this policy to learn about: collection, use, sharing, access/changes to your account information, security, and contact.

(b) Personal Information and Data We Collect

(i) Information you voluntarily provide via the Site(s), phone, email, template upload (e.g., usernames, contact details, user permission levels).
(ii) Cookies may be set to ease future logins, monitor traffic, and personalize content. You can manage cookies in your browser (see www.allaboutcookies.org).
(iii) Servers automatically record information (e.g., web requests, IP address).

(c) Use of Your Information

(i) To process/administer subscriptions and keep you updated on developments; to administer, support, improve, and develop our business.
(ii) We do not sell/share personal information from our Site(s) with third parties for their marketing. PLAYERHOST and trusted third parties process personal information only for collected purposes.
(iii) We may contact users/customers regarding specific projects, assessments, and campaigns using provided contact information.

(d) Disclosure of Your Information

(i) Information is held in the U.S. and may be accessed by staff, third parties working for us, or affiliates globally for purposes in this policy or others approved by you.
(ii) We may disclose information to comply with legal process, protect rights, or prevent/detect crime.

(e) Accessing & Updating Your Information

You are entitled to see the personal information held about you and request corrections/updates.

(f) Information Collection

(i) Registration. Users (customers, clients, visitors) must register to become PLAYERHOST Users and comply with the Terms of Use and Privacy Policy. Minimum info: name, email, country, ZIP/postal code, permission/access level settings, username, password.
(ii) Information About Your Players. You may enter/upload player contact/profile info to initiate communications/incentives. Such information is covered by this policy.
(iii) Information Use.

• Communications: We will communicate via email and notices on the Site(s), including welcome emails about features.

(iv) Information Sharing

• Third Parties: We will never sell/rent/provide your personally identifiable information to third parties for marketing. We share only to carry out your instructions/provide specific services. We may provide aggregated usage data (e.g., by role, industry, geography, company). Contact customer service to be excluded from aggregated research/products.

• Legal Disclaimer: We may disclose personal information when required by law (e.g., court orders, legal processes) or to exercise legal rights/defend claims.

• Security Measures: Access to your data is password-protected; sensitive data protected by SSL in transit; systems audited; tier-one secured-access data center.

(v) Sale of PLAYERHOST
We may share/transfer personal and aggregate information in a sale/merger/acquisition, provided the third party adheres to this policy. Users will be notified and have thirty (30) days to opt out before disclosure.

(vi) Data Integrity and Access
To correct inaccuracies, close an account, or view information, contact us (or, when feasible, use the Site). We strive to respond within thirty (30) days. We may decline requests that require disproportionate effort, jeopardize others’ privacy, or are impractical (e.g., backup tapes).

(vii) Security
We implement physical, electronic, and managerial safeguards, including encryption for sensitive information. No guarantee that unauthorized parties will never defeat safeguards. Access to non-public PII is restricted to administrators and need-to-know personnel under confidentiality. Users must keep passwords secure and are responsible for actions in their accounts; notify us of compromises and change passwords periodically.

(g) Enforcement

If we become aware of a security compromise or unauthorized disclosure, we may investigate, report, and notify/cooperate with law enforcement. We will make reasonable efforts to notify affected users as permitted by law.

11) DEFINITIONS

Add-On: Optional specialized module offered on PLAYERHOST’s terms/fees.
Additional Services: Professional services (project/authoring assistance, technical consultancy/systems development, error correction payable by Licensee, on-site/out-of-hours support).
Additional Support Contact: Individual authorized (with agreement/fee) to exercise DSC functions.
Affiliate: Entity controlling/controlled by/under common control with a first entity.
Article: 1st-level numbered section.
Confidential Information: As defined in §9.
PLAYERHOST Professional software: PLAYERHOST Professional software package.
Contractors: Non-employees under equivalent controls (NDAs/background checks), not in the business of developing data collection/reporting software.
Designated Support Contact (DSC): Primary Support contact for Licensee.
Designated Users: Individually named users (employees/temporary staff/Contractors) authorized via unique User ID.
Development and Installation Fee: Up-front fee per Order Form for customization.
Disclosing Party: Party disclosing Confidential Information.
Documentation: As supplied in the Terms/Agreement.
Express User ID: Unique access for users with Express permission level.
General User: Individual accessing Playerhost via browser (public/unique/password link) without a User ID.
Hosting Environment: Server environment delivering the Software over the internet.
Initial Term: First licensing period per Agreement.
IPR: Intellectual property rights (patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, etc.).
License Fee: Fee per Order Form for access/use within specified levels.
License Period: Initial Term or any Term Extension.
Licensed Materials: The Software, the Service, and the Documentation.
Limited Warranty: Warranty in the Agreement.
NDA: Non-disclosure agreement.
Order Form: Form for additional licensing/renewals, signed by both parties.
Owners: PLAYERHOST and upstream rightsholders.
Parties: Jointly, Licensee and PLAYERHOST.
Personal Data: Information relating to an identified or identifiable individual (direct/indirect).
Professional User ID: Unique access for users with Professional permission level.
Published Reports: Web-accessible reports (e.g., HTML published reports, password-protected, public links).
Recipient: Party receiving Confidential Information.
Section: 2nd-level numbered section.
Service: Access to the Software on a Hosting Environment, per Order Form.
Service Enhancements: Error corrections, modifications, new versions as deemed necessary by PLAYERHOST.
Service Level Agreement: Terms in §8.
Software: PLAYERHOST proprietary application(s), including licensed software, in object code (excluding source/preparatory materials).
Support / Standard Support / Standard Support Hours: As set forth in §7.
Sub-Section: 3rd-level numbered section.
Term: Initial Term plus all Term Extensions.
Term Extension: Subsequent licensing periods (each ≥ 12 months).
Uncontested Invoice: Invoices not contested within thirty (30) days of receipt; thereafter payable in full.
User ID: See Professional User ID and Express User ID.