Winamax General Terms and Conditions

Last updated: Wednesday, October 8, 2025

Article 1 - Identity of the Gaming Operator

WINAMAX S.A. (hereinafter referred to as “Winamax” or “the Operator”), with C.I.F. (Company Tax) No. N2501810B, registered office at Rue de Grenelle, 136bis, Paris (France) and address for representation purposes in Spain at Paseo de Castellana, 39, Madrid, provides its gaming services in accordance with these terms and conditions (hereinafter “Terms and Conditions”).

Article 2 - Operating Permits and Licences

Winamax operates under the authorisation and supervision of the Directorate General for the Regulation of Gambling (DGOJ), which has granted, for such purpose, sufficient gaming licences to be able to offer gaming activities. You can consult the gaming licences held by Winamax on the DGOJ website (www.ordenacionjuego.es/en).
All games offered by Winamax are subject to the Spanish regulatory framework, in particular to Law 13/2011 of 27 May on the regulation of gambling and its implementing regulations.
The Operator does not offer any services to participants that are ancillary to gaming activities.

Article 3 - Acceptance of the Gaming Contract

3.1. Express Acceptance and Nature of the Contract

These Terms and Conditions make up the gaming contract that regulates the contractual relationship between Winamax and the users of the www.winamax.es website (hereinafter, “The Website”). These Terms and Conditions have the nature of an adhesion contract, which shall be deemed to be formalised and shall enter into effect upon express acceptance by the user at the time of the request to create a gaming account and the opening of the user account, or in the event of modification when the new version of the Terms and Conditions is expressly accepted. The user declares to have read, understood and accepted these Terms and Conditions, as well as the regulations of the games offered by Winamax (Poker Regulations, Sports Betting Regulations and Other Fixed-Odds Betting Regulations) and the Privacy Policy, which will be available on the Website.

3.2. Validity

The Terms and Conditions shall remain in effect until terminated in accordance with their provisions.

3.3. Updates and Modifications

The Operator may make changes to the Terms and Conditions. In this case, Winamax shall duly inform the user of any modification by publishing the new version on the Website, identifying the article(s) which have been modified. In this regard, users will be able to access the new Terms and Conditions when connecting to the Website or the gaming client for the first time after the publication of the modifications, so that the user can read and understand the scope of the changes made and, if applicable, expressly accept them before they take effect.
Failure to expressly accept them will prevent the latter from continuing to use Winamax’s services in accordance with the provisions of Article 22 of these Terms and Conditions.
The Operator shall keep and make available to each of the users a copy of the Terms and Conditions initially accepted, as well as all accepted modifications, to which they may have access upon individual request to the Customer Service Department.

Article 4 - Purpose of the Gaming Contract

These Terms and Conditions, together with the corresponding annexes, govern the provision of gaming services offered by Winamax. In particular, its purpose is to establish the following aspects of the contractual relationship: (i) the rights, obligations and responsibilities of the Operator and users; (ii) the procedure for activating the user account and creating the gaming account, as well as the systems for verifying the user’s identity and means of payment; (iii) the operation of the gaming account and the consequences of its inactivity; (iv) the list of services and games offered by the Operator to users; (v) the manner in which the particular rules of the different types of games offered by the Operator are regulated, the details of which are contained in the corresponding gaming regulations; (vi) the basic operation of the loyalty programme; (vii) the Customer Service Department and the system for resolving complaints and claims, as well as its access and operation channels; (viii) the conditions of use of the responsible gambling tools, in particular the self-exclusion option; (ix) the legally required and optional self-limitation tools for gambling activity made available by the Operator and, in particular, the functioning of the deposit limit mechanisms; (x) the forms of cancellation, termination or, where applicable, suspension of the gaming contract and the effects of the cancellation, termination or suspension of user accounts and gaming accounts; (xi) the effectiveness and duration of the gaming contract, comprising these Terms and Conditions, as well as (xii) the processing of personal data, in accordance with the Privacy Policy.

Article 5 - Request to Create a Gaming Account, Activation and Reactivation of User Account

5.1. Means of Registration: Resident and Non-Resident Users

Participation in the games offered by Winamax on the Website is only possible after the creation of a gaming account and the opening of the user account in accordance with the provisions of this article.
The Operator will offer two different registration methods depending on the User’s place of residence in order to verify the identity of the users and to verify of the data provided, using documentary evidence. Users residing in Spain must have a National Identity Document (DNI) or a Foreigner Identity Card (NIE) and are obliged to follow the registration procedure reserved for resident users in accordance with section 5.4. Users residing abroad will be governed by the procedure reserved for non-resident users as indicated in section 5.5.
The use of one or other of the registration methods is in no case optional and depends entirely on the objective fact of the user’s place of residence. The request to create a gaming account through the procedure reserved for non-resident users is strictly forbidden for a user whose residence is in Spain. Gaming accounts and user accounts that do not follow such prohibition shall be considered fraudulent and closed by the Operator, in accordance with Articles 14 and 22.

5.2. Registration Form

Users must formalise their registration using the registration form found on the Website. Depending on their place of residence, they must enter the personal data indicated in sections 5.4. and 5.5. in the form and request the creation of the gaming account and user account. At the same time they must (i) expressly declare that they have read, understood and accepted these Terms and Conditions, (ii) expressly declare that they have read, understood and accepted the Privacy Policy, (iii) declare that they are not in any of the cases of subjective prohibition in the following section, and (iv) follow the Operator’s instructions to carry out the final activation of the user account as detailed in this article.

5.3. Subjective Prohibitions

Registration with Winamax is prohibited (i) to minors, (ii) to those who are legally incapacitated or incapacitated by court order, in accordance with the provisions of civil law, (iii) to persons who have voluntarily requested registration in the General Register of Gaming Access Bans (RGIAJ), (iv) to those who have been prohibited by a conclusive court order, (v) to those who already hold an active gaming account with Winamax and (vi) to any other of those mentioned in article 6.1 of Law 13/2011 of 27 May on the regulation of gambling, or in any other applicable legal regulation.

In relation to users who have incurred in any of the subjective prohibitions of participation indicated above after completing their registration, they may not make withdrawals while the prohibition remains in force, in accordance with the applicable regulations and Article 22.

5.4. Procedure for Registration, Verification of Identity and Activation of User Accounts for Residents in Spain

The resident user must provide the following personal data: name, surnames, nationality, date of birth, sex, full postal address, e-mail address, user name, password, telephone number (landline or mobile), National Identity Document (DNI) or Foreigner Identity Card (NIE) and the support number, if applicable. Once this information has been entered, the Operator will start the participant’s identity verification process by checking that the data entered matches the identity verification system provided by the DGOJ and the gambling prohibition service (RGIAJ). In addition, it will request proof of identity from the user in order to complete the documentary identity verification process, in accordance with the following.

Users correctly identified through the identity verification system provided by the DGOJ and who are pending documentary verification will only be able to: (i) make deposits up to a total cumulative amount of €150 and (ii) participate in the games, but may not make withdrawals of any amount or nature whatsoever. Documentary verification of the user’s identity, in the terms indicated below, will imply full activation of the user account and the removal of the above limitations.

Resident users must send a clear, direct, legible, complete and unadulterated copy of their valid identity document (DNI or NIE) to definitively validate their user account and remove the temporary restrictions applied to their gaming account as indicated above. The Operator may, where appropriate, set a time limit of one (1) month or more for sending the said document and it also reserves the right to carry out the necessary document checks at any time in accordance with Article 10.

Once the Operator has carried out the checks set out in this Article and the documentary verification of the user’s identity can be deemed satisfactory, the user account will be fully activated and the temporary restrictions indicated above will be lifted.

5.5. Procedure for Registration, Verification of Identity and Activation of User Accounts for Residents Abroad

For users identifying themselves as not residing in Spain who do not provide the National Identity Document (DNI) number or Foreigner Identity Card (NIE), the data verification and checking will be carried out using the document verification system. For this purpose, users who are not resident in Spain must provide the following personal data when making a registration request: country of residence (other than Spain), name, surname(s), nationality, date of birth, sex, full postal address, e-mail address, user name, password, telephone number (landline or mobile), type of identity document and identity document number.

Non-resident users who declare themselves to be Spanish nationals must indicate their National Identity Document (DNI) number. In this case, the operator shall proceed to verify their data with the identity verification system provided by the DGOJ and with the gambling prohibition service (RGIAJ) prior to the document verification.

Non-resident users will not be able to play, make deposits or withdrawals until documentary verification of their identity has been satisfactorily completed.
In addition, non-resident users must submit the following documents within one (1) month in order to activate their user accounts and be able to use their gaming accounts:

• A clear, direct, legible, complete and unadulterated copy of their valid identity document.
• A clear, direct, legible, complete and unadulterated copy of a recent document, less than one (1) year old, which provides proof of the address declared by the user at the time of registration and which contains the following information: name and surname of the user, postal address of the user, name or company name of the issuer of the document and date of issue.

Once the Operator successfully completes the document verification process of the non-resident user’s identity, the user account will be activated, and the non-resident user will be able to make deposits, participate in the games, and make withdrawals.
However, if within one (1) month of the non-resident user’s request to create a gaming account, the Operator does not receive any of the required documents or is unable to verify them, the user account shall be cancelled in accordance with the law. The user will be informed of this by e-mail.
In general, the gaming services offered by Winamax are intended only for those users who are not prohibited under the applicable Spanish legislation. Thus, by accepting these Terms and Conditions, the non-resident user declares that he/she complies with all regulations, statutes and laws that are applicable in his/her country of residence in relation to gambling. The legal relationship established between the user residing abroad and Winamax shall at all times be governed by the laws in force in the Kingdom of Spain and the Operator shall in no event be liable for any unauthorised or unlawful use of its gaming services by a user from abroad.

5.6. Submission and Verification of Documents

The user must send the documents by one of the following means:
Directly from his/her personal area.
By e-mail to “support@winamax.com”.
Or by post to the following address:
WINAMAX
75342 PARIS CEDEX 07
FRANCE

The Operator will receive the documents sent by the user and shall proceed to carry out the appropriate actions to ensure that they correspond to the data provided by the user at the time of the registration request.
The Operator reserves the right to refuse activation of a user account in the event that it has evidence that the information or documentation provided by the user is false or inaccurate.

5.7. Reactivation of User Account

In accordance with section 11 of Article 6, the user must contact the Customer Service Department from the registered e-mail address if he/she wishes to reactivate his/her user account, when the user account has been suspended as a result of the closure of the gaming account or inactivity of more than two (2) years.

It is not possible to reopen the gaming account and reactivate the user account before seven (7) days after the closure by the user. The Operator reserves the right to set a different deadline, or even to terminate the contractual relationship, if it suspects the user of pathological gambling behaviour in accordance with section 7 of Article 13, and if the user abuses his/her right to close and reopen his/her account.

Article 6 - Operation of the Gaming Account

6.1. Permitted Uses of the Gaming Account

The gaming account is for the exclusive and personal use of the user and may not be used by third parties or for professional, commercial or business purposes.

6.2. Denomination of Operations

All gaming account transactions shall be denominated in euros.

6.3. Interest

The money deposited by the user in the gaming account and the prizes won, which have not been withdrawn, shall not accrue interest in favour of the user.

6.4. Negative Balance Prohibition

The gaming account shall not show a debit balance. Participation in gaming services and withdrawals will be refused if there is insufficient available balance in the gaming account.

6.5. Prohibition of Transfers between Users

Under no circumstances may balance transfers be made between different users or gaming accounts. User-to-user money transfers, commonly known as “chip-dumping”, are also strictly prohibited and are considered a fraudulent activity under Articles 14 and 15.

6.6. Flows between the Gaming Account and Withdrawal Accounts

Deposits into gaming account must be made by the user. The amounts available in his/her gaming account may be transferred to the bank account or withdrawal account that he/she has previously registered through the Website. These transfers will be made if requested by the user through the Website.

Under no circumstances may transfers of the amounts available in the user account be made to withdrawal accounts not registered by the user on the Website or belonging to third parties.

6.7. Integrity of Usernames and Avatars

The Operator reserves the right to prohibit the use of usernames or avatars it considers inappropriate, in particular those that are political, racist, pornographic, insulting, violent or that advocate drugs, weapons or terrorism. Winamax may unilaterally modify any user name which does not comply with the above rules or require the user to modify it. The User’s refusal to make the modification entitles Winamax to suspend or cancel the user account in accordance with Articles 11 and 14.

6.8. Forums and Chats

The user undertakes not to use discriminatory, offensive, racist, violent, impolite, illegal language or language that violates the rights of a third party in his/her communications using the forums and/or chats made available by Winamax.

In general, it is forbidden to use the Website for the private commercial purposes of users (commercial messages or unsolicited advertising).

The Operator reserves the right to exclude from the forums and chats any user who violates the first two paragraphs of this section. This exclusion may result in the temporary or permanent suspension of the user account.

6.9. Password Requirements

The minimum length of the password must be eight characters or digits and must include elements from at least three of the following groups: numbers, lowercase letters, uppercase letters and other symbols. In addition, it may not contain any of the following data: the user name, the user’s first or last name or date of birth.

6.10. Connection Precautions

The user must ensure that the links that are supposed to direct him/her to the Winamax.es pages actually do so. The address window of your browser must start with https://www.winamax.es/ for the connection to be protected (check that the padlock image appears in the browser’s search bar). Any other URL shall not originate from Winamax. The user will always be asked for his/her e-mail address and password to log in to the Website and gaming applications after a disconnection.

Any connection to the user’s personal data is presumed to originate from the user. The user must ensure that he/she logs off at the end of each gaming session and takes all necessary precautions to keep his/her personal data confidential. Any voluntary disclosure of his/her identification data to a third party will result in the closure of his/her account and the termination of the gaming contract.

The Operator shall not be held liable in the event of use of the Website by a third party using his/her identification data.

The user shall immediately inform the Operator of any unauthorised use of his/her confidential data. In such case, the gaming account will be immediately deactivated and an investigation will be launched by the Customer Service Department .

6.11. Suspension due to Inactivity, Closure and Reopening of the Gaming Account

The user may unilaterally, and at his/her own request, temporarily close his/her account on the Website after which the user account will be suspended and the user will lose all benefits and promotional rights he/she may have accrued.

If the user so wishes, he/she may request the Customer Service Department to reopen the account within seven (7) days of closure. The Operator reserves the right to set a different time limit if it suspects pathological gaming behaviour on the part of the user, and if the user abuses his/her right to close and reopen his/her account. Failure to reopen for a period of seventy-two (72) months shall result in the permanent closure of the gaming account and the cancellation of the user account in accordance with section 2 of Article 22.

The gaming account, together with the user account, will be suspended after twenty-four (24) months of continued inactivity by the user. The user may reactivate the account by contacting the Customer Service Department at “soporte@winamax.es”.

Article 7 - Specific Rules for the Types of Games Offered by the Operator

The games offered by Winamax are regulated in the Poker Regulations and in the Sports Betting Regulations), which are available to the user on the Website. The Operator advises they be read periodically and, in all cases, before participating in a new game.

Article 8 - Loyalty Programme

Winamax offers its users under 26 years of age a loyalty programme through which they can earn loyalty points (“Miles”) as well as multipliers for the speed with which they are obtained. These loyalty points can be exchanged for products in a shop set up for this purpose (“Winamax Shop”). The details regarding the loyalty programme will be published by the Operator in the corresponding section of the Website’s “Loyalty Programme” promotions page.

Winamax offers its users aged 26 and over a “VIP” programme in which they will receive loyalty status (“VIP Status”) associated with certain rewards, and they will accumulate loyalty points (“Miles”) which can be exchanged for products in a shop set up for this purpose (“Winamax Shop”). The details regarding the VIP programme will be published by the Operator in the corresponding section of the Website’s “VIP Status“ promotions page.

In the event that the participant’s account is closed, blocked or suspended, Winamax shall not be obliged to convert the loyalty points (“Miles”) into any kind of prize or monetary value.

Article 9 - Bonuses and Promotions

9.1. General Regime for Promotions

Promotional activities offered by the Operator (vouchers, free tickets, free bets and special offers) are subject to the particular conditions detailed on the page of the Website dedicated to each promotion.

Without prejudice to the particular conditions applicable in each case, promotions shall be governed by the following general rules:

• Only new users who have not previously benefited from a similar promotion will be eligible to receive the benefits of a promotional action.
• Each gaming account may only receive the benefits linked to a promotional action once.
• Any other gaming account created from the same device (computer, tablet or mobile device) or address, or with the same payment details, will not be eligible for the benefits linked to the promotion.

In the event of any contradiction between the specific rules applicable to each promotion and the general rules set out in these Terms and Conditions, the specific terms and conditions shall apply.

9.2. Consequences of Non-Compliance with the Terms and Conditions or Abusive Use of a Promotion

Failure to comply with any of the general or specific conditions will result in the user losing any rights or profits obtained through a promotional action.
In addition, the creation of several gaming accounts with the aim of receiving the benefits of a promotion multiple times constitutes abuse and fraudulent behaviour which, if applicable, will entitle Winamax to freeze any winnings, and to terminate the contractual relationship and cancel the user accounts involved, in accordance with Articles 14 and 22.

Article 10 - Identification and Documentary Control of the User

10.1. Security Control

The Operator reserves the right to at all times carry out checks of any kind (“security control”) on the identity, age, payment or withdrawal method details or any other data contained in the gaming account or user account.

The user undertakes to promptly provide the information and documents requested by the Operator for this purpose. Without prejudice to the Operator’s capacity to provisionally suspend the user account in accordance with paragraph c) of section 1 of Article 11, and in accordance with Articles 14, 15 and 22, Winamax reserves the right not to lift the suspension of the user account and even to terminate the gaming contract if the user fails to provide the information or documents requested by the Operator.

In some cases, the above checks may include the player sending a selfie showing their ID and the date the selfie was taken. This procedure must be completed within thirty (30) days. If the player does not send the selfie within this period, their account will remain blocked and their funds frozen.

10.2. Verification of Means of Payment

Prior to the first withdrawal of funds from the gaming account, the Operator may request the necessary information to proceed with the requested transfer of funds. The Operator also reserves the right to request any other information it deems necessary to verify the correct destination of the amounts withdrawn, at any other time or in subsequent withdrawal requests, as well as to request information relating to any person other than the user who makes deposits into the gaming account. The Operator shall not proceed with the requested transfer of funds until it has verified the requested documentation and information or if such information is not provided or is not correct.

10.3. Retention of Documents and Recording of Data

In accordance with the applicable legislation, the Operator shall register and keep a record of all the actions, consultations, and requests made for the verification of the data provided by the requesting parties, as well as any documents received or used for this purpose. The data must be kept, together with the data corresponding to the user account, for the duration of the user account, in accordance with the regulations in force. The IP address, dates and times of connection and display of each page, are recorded and retained.

Article 11 - Suspension of User Account

11.1. Suspension Cases

The Operator shall suspend the user account, preventing access to the games, in the following cases:

• When the user requests self-exclusion, and this being for the duration of the self-exclusion period, which may be up to six (6) months.
• As a preventative measure, where the user has, in the opinion of the Operator, engaged in collusive or fraudulent behaviour or has made his/her gaming account available to a third party or has engaged in conduct suspected of being contrary to anti-money laundering regulations. The user shall be deprived of access to the gaming account until the facts that led to the suspension of the account in accordance with Articles 14 and 15 have been clarified.
• Provisionally, when the Operator carries out the checks set out in Article 10. The user shall be denied access to the gaming account until the information and documents requested by the Operator have been verified.
• After twenty-four (24) months of inactivity by the user. Registration will be suspended and the user may submit a reactivation request to the Customer Service Department.
• When the user requests the voluntary closure of his/her account on the Website.
• In other cases provided for by law and these Terms and Conditions.

11.2. Consequences of the Suspension of the User’s Funds

Suspension of the user account, for a reason other than those set out in paragraphs a), d) and e) of the previous section (concerning voluntary closure, inactivity or self-exclusion), shall lead to the blocking of the funds in the gaming account, until the facts have been fully clarified or the user’s identity has been correctly verified, if applicable. The Operator reserves the right to freeze any winnings obtained fraudulently, as well as any amounts deposited by the user that have enabled such winnings to be generated.

Upon the occurrence of the event set out in paragraph e) of section 11.1 (concerning the voluntary closure of the account on the Website) the Operator shall automatically transfer the remaining balance to a valid withdrawal method registered in the user account, if any, provided that the documentary verification required in accordance with section 4 of Articles 5 and section 2 of Article 10 has been previously carried out. Failing this, the user must contact the Customer Service Department and follow the steps indicated if he/she wishes to recover the remaining balance.

Article 12 - Financial Losses and Other Gambling-Related Risks

The Website is intended for personal use and entertainment purposes. Its use is not recommended for people diagnosed with any type of compulsive gambling disorder or addiction.

The user acknowledges that gambling is an uncertain activity that may result in financial loss, and that he/she plays voluntarily and at his/her own risk. The user undertakes to regularly consult the warnings about the risks of gambling on the Website, which will display clearly visible messages in this regard.

Under no circumstances may the Operator be held liable for any claim relating to losses or damages of any nature whatsoever resulting from the user’s gambling activity.

Article 13 - Responsible Gambling

13.1. Commitments and Recommendations of the Operator

Winamax is faithfully committed to the National Strategy for the Prevention of Addictions and the Responsible Gambling Programmes of the Directorate General for the Regulation of Gambling (DGOJ), in the prevention of addictive behaviours and the goal that online gambling and betting be established as a socially sustainable activity.

The Operator recommends periodic reading of the information available on the https://www.jugarbien.es/contenido/juego-seguro Website.

In order to prevent the risks associated with gambling, Winamax provides users with the following information, self-limitation and self-exclusion mechanisms:

• You can consult your account balance at any time, as well as your record of losses, winnings, deposits, and withdrawals.
• The pre-defined deposit limits at the time of opening a gaming account are 600 euros per day, 1,500 euros per week and 3,000 euros per month.

Winamax also provides users with an information area on responsible gambling, as well as a questionnaire enabling them to carry out a self-assessment of their sensitivity to excessive or pathological gambling and a professional helpline for pathological gambling, through an institution whose contact details are indicated in the responsible gambling area of the Website.

13.2. Increase or Removal of Mandatory Limits

The removal or increase of daily, weekly or monthly deposit limits above the default thresholds set by legislation must meet the following conditions:

1. In the case of a Participant’s first request for an increase of any of the limits or the removal of any limit, the Participant must meet both of the following requirements: (i) satisfactorily pass the tests for the prevention of addictive gambling behaviour and responsible gambling, established for this purpose by the Directorate General for the Regulation of Gambling (DGOJ); in addition to (ii) not having incurred in risk behaviour over the last three (3) months based on the historical analysis carried out for this purpose based on the protocols for detecting risk behaviour in accordance with the criteria established by the Operator itself and the Directorate General for the Regulation of Gambling (DGOJ), which will, in all cases, be related to their profile, the way they participate in games and their conduct not showing signs of addictive gambling behaviour.
2. If both requirements are met, the new limits will take effect after three (3) days.
3. Any subsequent request for an increase in the above deposit limits must be made within three (3) months of the last change to any of the above deposit limits.

13.3. Restriction of Deposit Limits

The Operator offers the user the possibility of voluntarily setting limits on his/her own deposits for amounts lower than those generally established. This type of request must be made expressly and individually, and the reduction of the limits shall be established immediately by the Operator.

Requests from users to restrict deposit limits to amounts below the generally established limits shall be honoured by the Operator immediately .

13.4. Optional Limits Offered by Winamax

The Operator offers the user the possibility to set limits through his/her personal area, in accordance with that established on our webpage dedicated to responsible gambling.

13.5. Modification of Optional Limits

When the User makes a request to increase or remove the betting limits offered optionally by the Operator, the criteria set out in section 13.2 shall apply.

The user may restrict, with immediate effect and application, any of its limits through the Website.

13.6. Self-Exclusion

The user may request self-exclusion from the gambling services offered by the Operator for a maximum period of six (6) months, without prejudice to the possibility of requesting self-exclusion at any time by registering in the General Register of Gaming Access Bans (RGIAJ).

In no case may a user’s self-exclusion be lifted, not even at the user’s request.

13.7. Other Measures

The Operator reserves the right at all times to send warning messages to users of the risks associated with excessive or pathological gambling and to temporarily or permanently suspend the account of any user who demonstrates pathological gambling behaviour.

Likewise, if Winamax considers that a user, due to his/her behaviour or gambling history, constitutes a threat to him/herself or to the Operator, or shows compulsive gambling behaviour, it may immediately interrupt his/her access to the service and block his/her gaming account.

Article 14 - Prohibitions and Anti-Fraud Measures

14.1. Monitoring and Prevention

Winamax, which reserves the right to apply other measures in addition to those mentioned in section 14.3, has various means at its disposal to detect, prevent and sanction these types of activities:

1. A human watchdog service that handles complaints from users who consider themselves victims of fraudulent activities committed by other users. To this end, it carries out all types of checks, analyses, and investigations, at random or on request, of card hand records, games played and bets on all sporting events (all data is systematically and fully retained).
2. A computer warning system to detect cheating or fraudulent behaviour on the basis of numerous criteria.

14.2. Suspected Fraud:

Winamax is committed and obliged to fight against fraud. As such, there will be an investigation, and the measures referred to in Article 14.4 may be applied, if there are sufficiently substantiated suspicions of fraud.

Suspicions are understood to be well-founded when more than one of the following situations are jointly present:

• The participant continuously places an enormous number of bets in a matter of seconds on different titles of the same or different sporting events, which is indicative of automated betting.
• The placing of conflicting bets, e.g. betting on the same player to win and lose in the same sporting event.
• Betting mostly on minority markets and sports, i.e., unknown to the average member of the public who places bets at Winamax for fun.

The existence of the above elements shall be deemed a founded indication of fraud due to the suspicion, among others, of the use of mechanisms to attempt to alter the intrinsic randomness of the game, (such as bots, computer programs or artificial intelligence tools), which will permit the operator to suspend or close the gaming account, in compliance with its anti-fraud obligations.

14.3. Prohibited Conduct

Winamax is committed to maintaining the integrity of gaming and to combating fraudulent activities, and may issue warnings and temporarily or indefinitely suspend access to the gaming account if a user:

1. Infringes the Terms and Conditions, including any of the regulations of the games offered by Winamax (Poker Regulations and Sports Betting Regulations) available on the Website.
2. Attempts to maintain more than one user account active simultaneously.
3. Makes his/her gaming account available to a third party.
4. Uses a stolen or forged bank card, or borrowed, stolen or forged identity documents.
5. Commits any form of fraud, connivance, collusion, cheating or unlawful behaviour.
6. Connects to the Website using a virtual private network (VPN).
7. Is involved in money transfers between different users commonly known as “chip-dumping”, in accordance with section 5 of Article 6.

14.4. Measures that may be Applied by the Operator

The operator may apply the interim measures set out at the beginning of section 14.3. If appropriate and depending on the seriousness of the facts, Winamax may notify the relevant authorities of the suspicious conduct referred to in the previous section. After a reasonable period of time has elapsed without having obtained a solution from the user, or if it already has sufficient evidence to consider that the user has engaged in prohibited conduct, the Operator shall have the right to impose one or more of the following measures:

1. Temporarily or indefinitely prevent access to the gaming account.
2. Temporarily or indefinitely freeze fraudulently obtained winnings, as well as the amounts deposited that have enabled these winnings to be generated.
3. Cancelling bets that have been placed or assisted by the use of robots, software or artificial intelligence.
4. Cancel the user account and terminate the gaming contract in accordance with Article 22.
5. Seize any winnings obtained illegally, such as those obtained through software assistance or ‘bots’ or other fraudulent means, if there is sufficient evidence that the user has engaged in the prohibited practice.

User accounts cancelled by the Operator due to a breach of these Terms and Conditions shall forfeit all rights to any bonuses earned or any other promotional offers granted to them.

Article 15 - Fight Against Money Laundering

15.1. Preventive Measures

The Operator implements various anti-money laundering measures:

1. Manual verification of the identity of users and the validity of the documents provided.
2. A ban on users transferring money between each other.
3. The prohibition of all forms of connivance and collusion, in particular the method whereby one user voluntarily loses money to the benefit of another user, commonly known as “chip-dumping”.

15.2. Interim Measures

In case of suspicion of money laundering, the Operator shall suspend the user accounts concerned for the time necessary to carry out the necessary investigations and to alert, where appropriate, the competent authorities.

Only if no fraudulent behaviour is found at the end of these checks can the amounts on the blocked accounts be returned to the users concerned.

15.3. Other Measures that may be Applied by the Operator

If a reasonable period of time has elapsed after having reported the suspicion of money laundering to the relevant authorities, and no solution has been obtained on their part, or if the Operator has sufficient evidence to be able to consider it proven that the user has engaged in any money laundering practice, the Operator shall have the power to impose one or more of the following measures:

1. Temporarily or indefinitely prevent access to the gaming account.
2. Temporarily or indefinitely freeze fraudulently obtained winnings, as well as the amounts deposited that have enabled these winnings to be generated.
3. Cancel the user account and terminate the gaming contract in accordance with Article 22.

Article 16 - Gratuitous Complaint Procedure Implemented by the Operator for the Benefit of Users

16.1. Complaints Service

The Operator provides the user with a consultation and complaints service available at “soporte@winamax.es” or by post (costs will be reimbursed on request), to the following address: WINAMAX - Complaints Service, CS 50746, 75345 PARIS CEDEX 07 - FRANCE.

Upon receipt of a complaint, the Operator opens a dedicated file and assigns it a number.

16.2. Deadline for Submission and Response

The user has a period of six (6) months to file a complaint.

Winamax undertakes to respond to complaints within three (3) working days. The Customer Service Department is in charge of following up the file until its complete resolution, after which the file is closed and archived for six years.

Article 17 - Personal Data

17.1. Purpose of the Processing of Personal Data

The personal data provided by the user will be stored and processed by Winamax, as the data processor for the purpose of complying with this gaming contract and in accordance with its Privacy Policy, which the user is advised to read periodically.

17.2. User Rights

In accordance with the applicable regulations on data protection, the user will have the right to access, rectify, delete, oppose, limit and, where appropriate, transfer the data by sending an e-mail to: soporte@winamax.es.

17.3. Privacy Policy

Users may find additional information on the processing of their personal data in the Privacy Policy available on the Website.

Article 18 - Limitations of Liability

18.1. Non-Compliance by Third Partiess

The Operator shall not be held legally liable in the event of any violation of these Terms and Conditions by users; in particular, but not exclusively, in the event of fraudulent behaviour, money laundering or the use of defamatory, degrading or racist language by any user on the Website.

18.2. Disconnectionss

The Operator shall not be liable for any amounts that may be lost during incidents of disconnection from the Website caused by malfunctions of the user’s computer equipment or Internet connection.

18.3. Regulatory Modificationss

Furthermore, the Operator reserves the right to modify its gaming offer, as well as its promotional activities and loyalty programme, in accordance with changes in legislation.

Article 19 - Force Majeure

The Operator shall not be liable for any interruption in the operation of the Website caused by unforeseen circumstances or for reasons beyond its control, including, but not limited to, the following: natural disasters, such as fires, floods, earthquakes, hurricanes, tropical or other storms; war, insurrection, fires, embargos, acts of civil or military authorities, or terrorism; fibre optic cuts, strikes, or shortages of means of transport, infrastructure, fuel, energy, labour or materials; the breakdown of infrastructures providing telecommunications and information services or hacking.

Article 20 - User Rights and Obligations

20.1. User’s Obligations

Acceptance of these Terms and Conditions implies the following obligations for the user:

1. Not to alter the normal course of the games.
2. To maintain honest and respectful behaviour towards other users and towards Winamax.
3. Not to transfer money to other users’ gaming accounts.
4. To notify the Customer Service Department immediately if he/she receive funds in his/her account that have been transferred by error. The user undertakes not to dispose of such funds under any circumstances, and the Operator reserves the right to recover such funds and to cancel any transactions made with them.
5. To provide authentic data and documents, on the registration form and throughout the duration of the contractual relationship, when requested to do so by the Operator or when necessary to make deposits or any other financial operation in the gaming account.
6. Not to attempt to access his/her Game Account if at any time he/she incurs in any of the subjective prohibitions set out in these Terms and Conditions.
7. To notify Winamax when there are changes in the personal data provided to the Operator.
8. Not to disclose his/her user name and password to any person, and to take all necessary steps to ensure that such information does not become known to any third party.
9. To refrain from acts or conduct that would harm the reputation of the Operator.
10. To use the gaming account in accordance with these Terms and Conditions and abide by the regulations, procedures, instructions and rules published on the Website for each game and promotion.
11. To be liable for the payment of any taxes or duties imposed under the applicable law on any winnings or other payments made by the Operator in his/her favour.
12. To resort to an out-of-court consumer litigation dispute resolution entity in the event of disagreement with the actions of the Gaming Operator.

20.2. User Rights

In any event, the user shall have the following rights:

1. To obtain clear and truthful information about the rules of the games offered by the Operator.
2. To receive prizes in the time and manner established in accordance with the specific regulations of each game.
3. To play freely, without coercion or threats from other users or any other person.
4. To know at any time the amount the user has bet or wagered, as well as the balance of his/her gaming account.
5. To receive information on responsible gambling.
6. Any other rights established by law.

Article 21 - Operator’s Obligations and Rights

1.1. Operator’s Responsibilities and Obligations

During the term of this gaming contract, Winamax undertakes to:

1. Verify, in accordance with the legislation and pursuant to the procedures established for this purpose by the Directorate General for the Regulation of Gambling (DGOJ), that users with user accounts are not registered in the General Register of Gaming Access Bans (RGIAJ) and adopt specific control measures with regard to those users who have requested their self-exclusion.
2. Keep this gaming contract for a period of six years after the cancellation of the user account and to take all necessary measures for the protection of the user’s data.
3. Request the user’s express consent for the extension of the contractual relationship in the event of unilateral modification of the Terms and Conditions or subjective novation by the Operator.
4. Keep the analytical information of the movements of the user’s gaming account and of the games played for a period of six years.
5. Carry out, with the frequency established by the DGOJ, periodic verifications of the correct use of the gaming account, notifying the DGOJ and the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences of any possible violations or anomalies detected in its use as soon as it becomes aware of them.
6. Record in the gaming account, by means of debits and credits, all transactions, including the complete identification elements thereof and, in particular, those relating to bets, winnings, refunds, income, withdrawals or bonuses received.
7. Make payouts in accordance with the provisions of article 38 of Royal Decree 1614/2011.
8. Inform the DGOJ of the identification details of those users who could pose a risk of collusion or who have fraudulently used credit cards in the gaming account.

21.2. Powers of the Operator

Winamax reserves the right to suspend any of the games, temporarily or permanently, at any time (even after they have started) in the event of errors or failures of the technical system. In such a case, the Operator shall compensate the user in accordance with the relevant game rules.
Furthermore, the Operator reserves the right to cancel at any time its promotional activities, meaning any kind of promotion, bonus offer or special offer.

On the other hand, by virtue of the provisions of the particular rules applicable to each type of game, and in compliance with the applicable regulations and its obligation to prevent fraud, the Operator shall limit both the amounts and the number of bets that a user may place in those cases where, taking into account the player's conduct or pattern of play or the circumstances of the competition on which such bets are placed, has reasonable suspicions of fraudulent behaviour on the part of the player, abuse of position through the use of information that could put him/her in a position of advantage, use of technology such as robots, or the use of shared accounts.

Similarly, and in compliance with the applicable regulations, the Operator shall limit both the amounts and the number of bets that a user may place, when the player's conduct may give rise to suspicions of non-responsible gambling behaviour.

Finally, and based on its exposure to financial risk, Winamax may limit the maximum amount of prizes.

Article 22 - Cases of Termination of the Gaming Contract and Cancellation of the User Account

22.1. Cases due to User Non-Compliance

Winamax may terminate the gaming contract and cancel the user account without any right to compensation in favour of the user for any of the following reasons:

• In case of express non-acceptance by the user of any modification proposed by Winamax to these Terms and Conditions or any of its annexes.
• In the event of a breach by the User of these Terms and Conditions or of any of the gaming regulations available on the Website, in particular in accordance with the provisions of Articles 10, 14, 15 and section 7 of Article 5.
• When there are well-founded suspicions that the user is a Spanish resident who has improperly used the account creation procedure reserved for non-residents.
• In other cases provided for by law.
• Without prejudice to the Operator’s right to apply the user account suspension measures set out in Article 11, where the nature of the case so permits, and in the absence of any reason justifying further urgency, the Operator shall give the user at least forty-eight (48) hours’ notice before proceeding with the final closure of the gaming account and the cancellation of the user account in accordance with the above-mentioned scenarios.

22.2. Other Cases of Termination

In addition, the gaming contract shall be terminated and the Operator shall cancel the user account in the following cases:

• When it is verified that the user is registered in the General Register of Gaming Access Bans (RGIAJ).
• For non-resident users, when they do not send the necessary documentation to activate their user account within one (1) month of the account creation request.
• If forty-eight (48) months have elapsed since the suspension of the user account as a result of the participant’s continued inactivity as referred to in paragraph d) of section 1 of Article 11.
• Similarly, and since the gaming contract is not to be understood as a contract of indefinite duration, the Operator may terminate the contract with the user and cancel and settle the user account and the gaming account, thus terminating the contractual relationship, provided that the Operator gives the user seventy-two (72) hours’ written notice. This notice will allow the user to organise his/her gaming activity in good time and to seek alternatives to the Operator’s offer. The user may also terminate the contract at any time and with immediate effect by using the account closure tool.

22.3. Consequences of Termination of the Gaming Contract

Cancellation of the user account for the reasons set out in paragraphs c), d), and e) of section 22.2 shall result in the automatic reimbursement of the outstanding balance provided that the user has previously provided the Operator with details of a valid withdrawal method and the documentary verification required in accordance with Article 5 and section 2 of Article 10 has been carried out. Failing this, the user must contact the Customer Service Department and follow the steps indicated to recover the remaining balance.

The rule included in the previous paragraph shall not apply in those cases in which the cancellation of the user account and the termination of the contract are determined by (i) a well-founded suspicion of fraud and/or conduct contrary to the money laundering regulations, (ii) a well-founded suspicion that the user has breached these Terms and Conditions or the regulations of the games or (iii) a subjective prohibition as referred to in paragraphs a), b), and c) of part two of article 6 of Law 13/2011 of 27 May on the regulation of gambling. In the first two cases, Articles 14 and 15 shall apply. As regards the latter case, the Operator shall not pay the outstanding prizes to these users as long as the prohibition is maintained, in accordance with the applicable regulations.

Article 23 - Classification of Participants

23.1. Professional Gamblers

Winamax shall consider a participant to be a professional gambler if any of the following circumstances apply:

• The participant continuously places a large volume of bets in a short period of time. For indicative purposes, a large volume of bets in a short period of time shall be deemed to be at least 250 accepted bets or €25,000 wagered per week for three consecutive weeks.
• The participant promotes himself as a betting tipster, within the meaning of Article 3.1 of Regulation 958/2020 on commercial communications for gaming activities.
• The participant uses bots or computer programs that permit the placing of automatic bets.
• The participant uses artificial intelligence tools for the placing of bets that alter their randomness.