PLEASE READ THESE BETR PICKS TERMS AND CONDITIONS AND THE PRIVACY POLICY LOCATED AT https://support.betr.app/hc/en-us/articles/7933519381268-Privacy-Policy, AS WELL AS ANY UPDATES, CAREFULLY BEFORE USING OR CONTINUING TO USE THE SERVICES OF BETR HOLDINGS, INC. (“BETR”, “WE”, “US”, “OUR”).
IMPORTANT NOTICE: THESE BETR PICKS TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 30 BELOW.
These Betr Picks Terms and Conditions are a legally binding agreement that governs any access to and use of the Services (as defined below). Betr may issue additional terms, rules, and conditions of participation in particular contests or games, which you should consult in order to understand the parameters and terms for those contests and games. Please note that the state-specific terms and state-specific exceptions in these Betr Picks Terms and Conditions apply if you access the Services while located in the identified state.
You must be twenty-one (21) years of age or older to use the Services. If you have any questions, or you would like to establish parental controls to exclude minors from access to the Services, please contact us at support@betr.app.
1. Who We Are
A. Betr owns and operates betr.app and any other sites where these Terms (as defined below) are posted (collectively, the “Sites”) and the Betr mobile, tablet, and other applications (collectively, “Apps” and together with the Sites, the “Platforms”). The “Service(s)” that Betr is providing pursuant to these Terms are: (i) fantasy sports contests (“Fantasy Gaming”), products, services, promotions, and applications offered by Betr, including Betr Picks, which may be on the Platforms or accessed through third-party websites; (ii) the Betr Platforms that are offering the foregoing (i); and (iii) the Content (as defined herein) contained in the foregoing clauses (i) and (ii).
B. For the purposes hereof:
i. “Game” means a contest played on Betr Picks by a Player;
ii. “Match” refers to a sports or athletic match which relates to a Game;
iii. “Party” or “Parties” refers to Betr and Player;
iv. "Player", “you”, or “your” means you, the player of the Game or end user accessing or using the Services; and
v. “Terms” refers collectively to these Betr Picks Terms and Conditions, and all other terms, rules, and policies incorporated by reference herein.
C. Access to or use of the Platforms (including any or all of the Services offered via the Platforms) may be illegal in certain countries or US states (the “States”). It is the responsibility of the Player to determine whether access to or use of the Platforms is compliant with the laws of the jurisdiction to which the Player is subject.
D. Betr only offers Fantasy Gaming in certain jurisdictions (each jurisdiction, a “Gaming Jurisdiction”). A full list of Gaming Jurisdictions, which may be updated from time to time at Betr’s sole discretion, can be found at https://support.betr.app/hc/en-us/articles/15156945128852-Whats-states-allow-Betr-Picks-.
2. Overview
A. Federal prohibitions and restrictions regarding internet gaming apply (including, such prohibitions and restrictions set out in 18 U.S.C. Sections 1084 et seq. (“The Wire Act”)). It is a federal offense for persons physically located outside of a Gaming Jurisdiction to engage in Fantasy Gaming with Betr. The availability of the Services outside of a Gaming Jurisdiction does not constitute an offer, solicitation or invitation by us for you to use the Services.
B. Use of the Services is also governed by our Privacy Policy, which is available at https://support.betr.app/hc/en-us/articles/7933519381268-Privacy-Policy. Please read the Privacy Policy carefully before using our Services.
C. In the event of a conflict between these Terms and other terms or conditions from Betr, these Terms will control only to the extent that the terms of these Terms and the other terms and conditions directly conflict.
3. Acceptance of These Terms
A. By accessing, submitting information to, or otherwise using the Services (whether or not you sign up as an account holder of the Services), you understand and agree to be, and are, bound by the following: (i) these Terms, our Betr Picks House Rules (the “House Rules”), which are available at https://support.betr.app/hc/en-us/articles/15157102093076-Betr-Picks-House-Rules and the Privacy Policy, and (ii) any additional terms, rules, and conditions as they relate to the Services offered by us from time to time. Your use of the Services is conditioned upon your compliance with these Terms and any use of the Services in violation of these Terms will be deemed a violation of these Terms.
B. By using these Services, you affirm that (i) you are twenty-one (21) years of age or older; and (ii) you are not prohibited or restricted from using the Services, including by any applicable law, rule, or regulation (and you acknowledge that we make no representations or warranties, implicit or explicit, as to your legal right to participate).
C. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES, AND YOU MAY NOT ACCESS OR USE THE SERVICES.
D. We recommend that you print and save these Terms for your future reference. We also suggest that you print and store all transaction receipts and game rules as applicable to your use of the Services.
E. You understand that there is a risk of losing money by engaging in real money play on the Platforms and that you are fully responsible for any losses incurred.
4. Amending the Terms and Changing of the Services
A. We reserve the right to modify, amend, or change these Terms at any time and in our sole discretion. You will be notified through the application that these Terms have been updated. If a material change is made to these Terms, we will make reasonable efforts to notify you before the change comes into effect. It is your responsibility to review these Terms for any changes. Your continued use of the Services following our posting of revised Terms constitutes your acceptance of any changes we may make. The date on which each relevant document comprising the then current Terms came into (or will come into) force will be as stated in the date contained at the top of the Betr Picks Terms and Conditions page. Please check these Terms frequently for updates.
B. We may, in our sole and absolute discretion, modify, suspend, or discontinue any part of the Services (including, any or all of the contests we offer), or restrict, suspend, or terminate your access to the Services or your Gaming Account (as defined below), at any time, with or without notice. If we cancel or terminate a game, any advertised winnings, prizes or promotions may, at our sole discretion, be either voided or awarded in any manner we deem fair and appropriate, consistent with laws, regulations, and rules governing such game. We reserve the right, in our sole and absolute discretion, to refuse service and access to any potential user in any location of our Services.
C. We may also at our discretion engage new or alternative third-party service providers in respect of any of our Services. By registering or using the services of any such third parties, you thereby provide your consent to any applicable, additional terms and conditions of such third parties as they may be amended from time to time, including any change to the third-party service provider itself
5. Game Rules
For rules and information on a specific Game, including choosing players, types of Games, length of the Games, changing Player choices, scoring, results, winners policy, withdrawing and match cancellation, see the House Rules.
6. Account Pre-Conditions
A. Use of our Services and your ability to make any deposits will require you to register for a user account with us (a “Gaming Account”). In order to register for a Gaming Account, you agree, represent, and warrant that:
i. You are at least twenty-one (21) years of age;
ii. You understand and agree that it is prohibited by law for anyone under the age of twenty-one (21) to participate in Fantasy Gaming, and Betr does not permit any person who is under the age of twenty-one (21) to participate in Fantasy Gaming;
iii. You understand and agree that Betr will confirm your age, identity, and location during the account creation process;
iv. You understand and agree that use of the Services is at your sole risk;
v. You agree to provide accurate registration information and agree to inform us of any changes to such details in order to keep such information accurate, current, and complete;
vi. You understand and agree that you are opening a non-transferable account with us solely for your personal use, and are acting as a principal and not as an agent on behalf of a third party;
vii. You will not allow any other person to access or use your Gaming Account;
viii. You will not attempt to sell or otherwise transfer the benefit of your Gaming Account to any third party, nor will you acquire or attempt to acquire a Gaming Account which has been opened in the name of a third party;
ix. You understand and agree that you may not transfer funds or Bonuses (as defined below) from your Gaming Account to another Player’s Gaming Account;
x. You are legally capable of entering into binding contracts, including these Terms, and that you have read and agree to abide by all of these Terms;
xi. You are not prohibited for any reason from using the Services;
xii. You understand and agree that to use the Services, you must be a legal resident in the United States and physically located in a jurisdiction where participation in the Services is legal and not prohibited or restricted by law;
xiii. You understand and agree that you must be physically located in a Gaming Jurisdiction at the time a fantasy contest selection is made;
xiv. You understand and agree that the availability of the Services outside of a Gaming Jurisdiction does not constitute an offer, solicitation, or invitation by us for you to use our Services;
xv. You understand and agree that Betr will monitor and record any fantasy sports contest entry communication and geographic location information associated with your Account;
xvi. You understand and agree that we cannot provide you with legal advice with respect to the legality of your use of the Services;
xvii. You understand and agree that we are not liable for any violation of any local, State, federal, or other law that may occur as a result of your use of the Services;
xviii. You will use the Services in accordance with all applicable State and federal laws, as well as in accordance with these Terms; and
xix. You understand and agree that professional or amateur athletes, sports agents, coaches, trainers, sports league referees or officials, sports team owners, sports team employees, and the immediate family members of these individuals, are prohibited from using any Services concerning the sport(s) in which they are associated.
B. If we otherwise determine that you do not meet the eligibility requirements of this Section, in addition to any rights that we may have in law or equity, we reserve the right to terminate or suspend your Gaming Account, withhold or revoke the awarding of any winnings, prizes, or promotions associated with your Gaming Account. We reserve the right to refuse to register you as a Gaming Account holder, either with or without cause.
7. Account Eligibility
To open a Gaming Account, you must:
A. Be at least twenty-one (21) years of age;
B. Acknowledge that you are prohibited from allowing any other person to access or use your Gaming Account;
C. Provide all requested personal information, including your full legal name, date of birth, social security number, primary address, email address, and phone number;
D. Not be a Prohibited Person (as defined below) in the jurisdiction in which you are using our Services;
E. Not be prohibited from using the Services under any other applicable law or regulation;
F. Meet all other eligibility requirements imposed by us at our sole discretion;
G. Certify that the information you provided is accurate and that you are not a Prohibited Person; and
H. Complete our identity verification process.
8. Prohibited Persons
The following persons (collectively “Prohibited Persons”) are prohibited from opening a Gaming Account or using the Services:
A. Directors, officers, and employees of Betr or its affiliated companies, as well as immediate family members and household members of these directors, officers, and employees. For the purposes of these Terms, immediate family members are spouses, domestic partners, parents, grandparents, in-laws, children (including step children), and siblings;
B. Any person prohibited under applicable State or federal laws;
C. Any person who has self-excluded pursuant to the self-exclusion option (discussed in Section 14.I, below) or through any State self-exclusion program or State self-restriction program, as well as any other prohibited persons under State or federal law;
D. Any other person who may undermine the integrity of the Services, a sporting event, or contest, or any person who Betr, in its sole and absolute discretion, deems ineligible. For example, Betr may determine the following persons are ineligible, without limitation: (i) persons restricted in their contractual capabilities; (ii) persons under legal supervision; (iii) persons diagnosed with problematic gaming or compulsive behavior, or undergoing or having undergone treatment for problematic gaming or compulsive behavior; or (iv) persons who may have access to privileged, non-public information regarding the performance of athletes who are listed as players in Matches on the Betr Picks platform; and
E. No such individual listed herein may make fantasy contest selections through the Gaming Account of another person as a proxy.
In addition, professional or amateur athletes, sports agents, coaches, trainers, sports league referees or officials, sports team owners, sports team employees, and the immediate family members of these individuals, are prohibited from opening a Gaming Account for purposes of using any Services concerning the sport(s) in which they are associated.
9. Account Verification
A. Betr reserves the right, at any time, to verify your information as a condition for opening and maintaining a Gaming Account.
B. In doing so, we may use third-party verification services and databases (collectively “Verification Services”). By providing your information to us, you expressly authorize us to share your information with the Verification Services for the purposes of establishing your identity, age, and location.
C. You agree to provide accurate information to us and the Verification Services upon request and to continually update any changes to that information. We reserve the right to reject your application for a Gaming Account, or if one has already been established for you, block access, suspend, or cancel your Gaming Account temporarily or permanently, for any reason, including if we are unable to verify your identity, age, or location, or have reason to believe that you do not fulfill one or more of the eligibility requirements.
i. Maine: If we determine that the information you have provided is inaccurate or incapable of verification, or violates our terms and conditions, then you acknowledge and agree that we will, within ten (10) calendar days, require you to submit additional information to verify your identity. If you do not provide such information, or the information provided does not result in verification of your identity, then we will immediately suspend your Gaming Account and not allow you to participate in any further contests; retain any winnings attributable to you or your Gaming Account; refund the balance of deposits made to your Gaming Account to the source of such deposit or by issuance of a check; and deactivate your Gaming Account.
D. We reserve the right to conduct a security review at any time to validate your identity, age, location, and the registration data provided by you, to verify your use of the Services, including your compliance with these Terms, and your financial transactions carried out via the Services for potential breach of these Terms and of applicable law. To conduct such review(s), you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Terms, including by obtaining a credit report, or otherwise verifying the information against third-party databases. In addition, to facilitate these review(s), you agree to provide such information or documentation as we, in our sole and absolute discretion, may request.
10. Gaming Account
A. You may have only one (1) active and continuously used Gaming Account, and you must register with your own personal details. You will receive notice of the establishment of a Gaming Account via electronic mail or regular mail. Your Gaming Account is unique to you, non-transferable, and is for your personal use only. It shall be a violation of these Terms to allow any other person to access or use your Gaming Account. Each Gaming Account on the Services may only be owned, maintained, used, and controlled by one individual. For avoidance of doubt, Players may not “co-own” Gaming Accounts on the Services.
B. If we discover that you have opened more than one Gaming Account, then you acknowledge and agree that, in addition to any other rights we may have in law or equity, we reserve the right to suspend and terminate your Gaming Account(s), withhold or revoke any winnings, prizes or promotions which would otherwise be awarded, or take any other actions we deem appropriate in our sole discretion.
i. Maine: If we discover that you have opened more than one Gaming Account, then you acknowledge and agree that, in addition to the terms provided in the above paragraph (B), you will not be entitled to retain any earnings from any account during the time period that more than one Gaming Account is active; and if we discover that you have taken any subsequent action to open or seek to open more than one Gaming Account, then you acknowledge and agree that, in addition to the terms provided in the above paragraph (B), you will be prohibited from establishing a future account within a period of two (2) years.
C. It is your responsibility to maintain your Gaming Account and the personal data provided therein up to date, and to inform us promptly of any changes to your personal data.
D. It is your responsibility to protect and maintain the confidentiality and security of your Gaming Account login, password, and devices, including keeping secure and locking your devices to which your Gaming Account is linked. You accept responsibility and liability for all activities, charges, and damages under or occurring on or from your Gaming Account, including, deposits or withdrawals into or out of your Gaming Account. You agree to inform us as soon as possible at support@betr.app if you believe that your Gaming Account login and password is being misused by a third party so that we may suspend your Gaming Account to prevent further abuse. All actions in or with your Gaming Account are deemed to be made by you, and you agree that any contest selections made and accepted in your Gaming Account will be valid even if you have not authorized such selections. If a third party accesses your Gaming Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you. We will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your Gaming Account, whether fraudulent or otherwise.
E. In opening a Gaming Account, you will not choose a nickname or alias that is defamatory or offensive, or in any way intended to impersonate a real person or brand or to be used for any nefarious purpose, and you agree that we reserve the right to amend your nickname or alias in our sole and absolute discretion or if we believe you have breached this Section.
F. You can change your password at any time, provided your password meets the requirements for password strength. If you cannot access your Gaming Account, you can request a new password by contacting our Customer Support Team at support@betr.app. If we reasonably believe that your Gaming Account is compromised or that your password does not provide adequate security, we may require that you change your password.
G. You may access a summary statement of all of your account contest selection activity during the past year. You may also request a summary statement of all your account contest selection activity during the past five (5) years by contacting support@betr.app.
H. If we reasonably believe you are engaged in illegal or fraudulent activity while using the Services, or if you conduct or attempt to conduct a Prohibited Activity (as defined below), or if we are required to do so by a law, regulatory body, or court, we may cancel any selections you may have made or close or suspend your Gaming Account and refer the matter to the proper law enforcement or regulatory authority, in which case we would have no obligation to pay any winnings, promotions, or prizes which might otherwise have been payable to you. We reserve the right to withhold any funds in your Gaming Account pending the conclusion of any internal or external investigation. If such investigation reveals that you conducted a Prohibited Activity, fraud, suspicious contest selections, or other illegal activity, we have the right to seize some or all of the funds in your Gaming Account, subject to applicable law and consultation with applicable regulatory bodies. If we believe you engaged in a Prohibited Activity and we decline to honor your request to withdraw funds, we will provide notice to you of the delay in honoring the request to withdraw funds, investigate in a reasonably expedient fashion, and notify you of the final determination.
I. If requested by law enforcement, ordered by a court, gaming regulators, tax authorities, or other applicable authorities, we may suspend your Gaming Account, deny you access to the Platforms and Services, and withhold any funds until such time as a final determination by the requesting authorities has been rendered, the conclusion of any criminal or other legal proceedings, or upon guidance by our own legal counsel.
J. Your Gaming Account is not insured, guaranteed, sponsored or otherwise protected by any government, deposit, or banking insurance system or by any other similar insurance system.
11. Participation
A. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE SERVICES, AND FOR ANY CONSEQUENCES THAT RESULT. YOU AGREE TO USE THE SERVICES ONLY FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
B. You must be physically located in a Gaming Jurisdiction in order to participate in the Fantasy Gaming offered by the Services. Non-gaming operations such as deposits, withdrawals, and account access are allowed outside of a Gaming Jurisdiction, at Betr’s sole discretion.
C. To use the Services, you consent to the collection, storage, monitoring, processing, recording, and transmission of your data, including certain fantasy contest communications and geographic information to establish your physical location, such as IP address and WiFi signal. This may be done using third-party providers and you expressly consent to our use of third-party providers, including to the sharing of your information with such third parties to confirm your location. If we or our third-party providers cannot track your location for any reason, we reserve the right to prevent you from accessing or using the Services until your location is verified. You agree that we are not liable for your inability to access or use the Services during this time. You further agree to the monitoring and recording of your gaming activity and related communications and physical location by us and the local gaming regulators. You are solely responsible for the acquisition, supply, and maintenance of all of the computer and mobile equipment, telecommunications networks, and Internet access services, and of all other consents and permissions that you need to use in order to access our Services.
D. By using the Services, you agree that we may, at our sole discretion, disqualify you from any Service, refuse to award or revoke any winnings, prizes, or promotions that otherwise would be awarded, and require the return of any winnings, prizes, or promotions, if you engage in Prohibited Activity or conduct we deem improper, unfair, or otherwise detrimental to the Services or other entrants.
E. We may use your username or first name or initials and State and any winnings you may have had for advertising or promotional purposes without providing you with additional compensation.
12. Deposit And Withdrawal Policy
A. In order to make contest selections on our Platform, you need to deposit sufficient funds into your Gaming Account. While most deposits are instant, deposited funds may take a few days to appear in your Gaming Account depending on the payment method used. We do not offer any interest on funds held in your Gaming Account.
i. Arizona: We will honor your request to withdraw funds within seven days of the request upon verification of your withdrawal request.
B. You may use any method available and accepted by the Services to deposit money into your Gaming Account, including banks, debit cards, third-party electronic payment processors and financial institutions (“Third Party Providers”), subject to the State-specific exceptions specified below. Unless otherwise determined by Betr, the Services do not accept credit cards. By initiating a deposit into or withdrawal from your Gaming Account, you agree and hereby authorize us to instruct Third Party Providers to handle deposits and withdrawals from your Gaming Account and agree that we may provide such Third Party Providers with your personal information as needed to complete the transaction. You agree that we are not liable for any acts or omissions of any Third Party Providers in processing your deposit or withdrawal and you further agree to be bound by the terms and conditions of use of each applicable Third Party Provider. If there is a conflict or inconsistency between these Terms and the terms and conditions of any Third Party Provider, these Terms prevail. We are not responsible for any fees charged to you by Third Party Providers related to your deposits or withdrawals.
i. Massachusetts – You may not use a credit card to deposit money into your Gaming Account or make a deposit using any account funded by a credit card. You may not deposit more than $1,000 in any calendar month unless you request and are temporarily or permanently permitted to increase your deposit limit, consistent with Betr’s deposit level increase procedures.
ii. We reserve the right to credit all relevant funds to your Gaming Account only upon actual receipt of such funds by us or our agents. We reserve the right to request additional information from you prior to accepting such funds (or allowing a withdrawal) in order to properly identify the source of the funds, your identity, or for any other reason we deem necessary. We may refuse funds or return funds at any time in our sole discretion and void any contest selections if we deem the funds unauthorized. If we reasonably believe that you have no intention of using the deposited funds to make contest selections, we may suspend or close your Gaming Account and report such activity to the relevant regulators or other authorities.
C. We may apply minimum and maximum limits to the deposits into your Gaming Account for any reason. You agree to abide by those limits. If you violate this provision, we may suspend or terminate your Gaming Account and may refund or refuse to refund any monies in your Gaming Account in our sole and absolute discretion and in accordance with applicable law.
i. Subject to the above, and subject to availability of funds in your Gaming Account, you can request withdrawals from your Gaming Account at any time. We reserve the right to evaluate the payout of funds based on our assessment of their origin. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment of your deposit. Unless otherwise stated, all funds in your Gaming Account are stated in U.S. dollars and all deposits and withdrawals will be paid in U.S. Dollars.
D. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any prizes to any relevant governmental or taxation authority. We are not responsible for any taxes you may owe related to or arising from your use of the Services, including taxes owed on winnings. We may report your account activities and winnings to the appropriate State or federal authorities if required by law.
E. We reserve the right to withhold deposited funds and winnings if we reasonably believe that the deposit was unauthorized, misused, or fraudulent. We will report all matters of unauthorized, misused, or fraudulent deposits or withdrawals, including Chargebacks (defined below), to the appropriate State or federal authorities. We may conduct our own investigation into such matters and may temporarily or permanently close your Gaming Account during such time.
F. In connection with making a deposit, you represent that:
i. All payments made into your Gaming Account are authorized and you will not attempt to reverse a payment made into your Gaming Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability;
ii. All money that you deposit in your Gaming Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
iii. All money that you deposit in your Gaming Account originates from a payment source of which you are the legal owner.
G. You accept that all transactions may be checked for the detection of money laundering and that any transactions made by you which we deem suspicious may be reported to the appropriate authorities.
13. Chargebacks and Dishonored Deposits
A. You agree not to dispute, deny, or attempt to reverse any financial transaction associated with a fantasy contest selection, deposit of funds, or a withdrawal of funds or make any fraudulent financial transactions with us (collectively, “Chargebacks”). For avoidance of doubt, Chargebacks do not include your authorized withdrawal of funds that have been deposited into your Gaming Account and which you may withdraw at any time in accordance with Section 12.
B. You agree to indemnify and reimburse us for any Chargebacks you make or any deposits that your bank fails to honor, for any reason (each, a “Dishonored Deposit(s)”), and any financial loss suffered by us as a consequence, including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks or Dishonored Deposits including deducting the amount of any Chargebacks or Dishonored Deposits and associated damages, fees, expenses, and investigatory costs from your Gaming Account.
C. If a Chargeback or Dishonored Deposit occurs, you agree that we may provide necessary information about you and the Chargeback or Dishonored Deposit to Third Party Providers, any local gaming regulator, other regulators, law enforcement, or other necessary third parties in order to investigate or resolve the Chargeback or Dishonored Deposit. We reserve the right to temporarily suspend your Gaming Account and withhold the payment of any winnings without notice until any Chargebacks, Dishonored Deposits, or other financial disputes are resolved.
D. We may also recover bad debts using whichever method may lawfully be available to us including, instructing third party collections agencies to collect the debt. This may have a detrimental impact on your credit rating and will require us to share your personal information (including your identity) with appropriate agencies.
E. We may report any criminal or suspicious activities to the appropriate authorities.
F. We will, in our sole discretion, suspend any Gaming Accounts that we reasonably believe are the subject of fraudulent transactions, including in circumstances involving consecutive failed electronic funds transfers, as required by State law. Any attempt to defraud Betr through the use of any method of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in instant termination of your Gaming Account, and forfeiture of any funds you may have won or deposited to which you are otherwise entitled.
14. Closure Of Inactive Accounts, Suspension And Termination
A. A Gaming Account shall be considered inactive and “Dormant” in the event that the registered account holder does not log in within twelve (12) months, or to the extent designated under applicable State law (each such account, a “Dormant Gaming Account”). Dormant Gaming Accounts will be opted out of all Bonuses in accordance with the applicable Bonus terms. Dormant Gaming Accounts will be monitored for unauthorized access or withdrawals. In accordance with applicable regulations, unclaimed balances in Dormant Gaming Accounts will be forfeited. We will make all reasonable efforts to inform a registered account holder of any outstanding balance sixty (60) days prior to forfeiting said balance.
B. Funds of customers that remain in a Dormant Gaming Account shall be presumed abandoned after the period provided by the applicable State’s law.
C. Betr will report and deliver all funds or the portion of such funds required under State law from Dormant Gaming Accounts to the respective State government after the period established in applicable State law.
D. You can take a temporary break at any time by suspending your Gaming Account access for a period of time (“Deactivation Period”). Deactivation Periods range from a minimum of three (3) days to a maximum of three hundred sixty five (365) days. During the Deactivation Period, you will have limited access to your Gaming Account to withdraw funds and view account details, but you will not be able to make any deposits or make contest selections. Past and pending contest selections that are valid and do not violate the Terms remain unaffected by such temporary suspension. The Deactivation Period ends automatically after the specified period. However, you may not reactivate your Gaming Account at any time before this period expires.
E. You can set automatically renewing self-imposed gaming limits for your Gaming Account by adjusting the corresponding settings in your Gaming Account. You can set gaming limits on a daily, weekly, or monthly basis. We also include options to set pop-up warnings when you exceed your preferred amount of contest entries.
F. To temporarily suspend your Gaming Account or set gaming limits, you must contact our Customer Support Team at support@betr.app or go into your Gaming Account settings.
G. Your Gaming Account will be suspended if you have a negative balance.
H. Account Closure by You. Subject to any exclusion period restrictions that may be in place as set forth in Section 14(I), you are entitled to permanently close your Gaming Account and terminate these Terms at any time for any reason. If you wish to terminate these Terms, please state so explicitly by contacting Customer Support Team at support@betr.app. Otherwise, the Gaming Account closure will not be considered as termination. All pending contest selections will remain valid unless so doing would be a violation of these Terms or applicable laws or regulations.
I. Self-Exclusion. For those Players who wish to restrict their access to real money play, we provide a voluntary self-exclusion option, which enables you to close your Gaming Account or restrict your ability to game on the Platform. You can ask for your Gaming Account to be closed at any time by emailing our customer support team at support@betr.app. Through our self-exclusion option, you may choose to suspend your Gaming Account for a period of one (1) year, three (3) years, five (5) years, or for a lifetime. For the entirety of the period of time you have chosen to self-exclude, you will not be permitted to use your Gaming Account, close your Gaming Account, or open another Gaming Account. Any open contest selections will be settled as provided in the House Rules and funds will be paid to you after settlement and upon your request. You may withdraw the funds in your self-excluded Gaming Account at any time by contacting support@betr.app and such withdrawn amounts will be in the form of a check and sent to your mailing address. Withdrawals will not be delayed or restricted due to self-exclusion; however, to the extent applicable, withdrawals may be delayed or restricted as provided in Section 12. In agreeing to self-exclude, you accept that you have a parallel undertaking not to seek to circumvent the self-exclusion.
J. Account Closure by Us. TO THE FULLEST EXTENT OF THE LAW, AND IN ADDITION TO ANY OTHER RIGHTS WE HAVE UNDER THESE TERMS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR GAMING ACCOUNT IF ANY OF THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT HAS OCCURRED OR WILL OCCUR): (1) YOU DECLARE BANKRUPTCY (2) YOU ARE IN MATERIAL BREACH OF THESE TERMS, (3) YOU COMMITTED (OR ATTEMPTED TO COMMIT) A FRAUD AGAINST US OR A THIRD PARTY USING THE SERVICES OR OTHERWISE USED THE SERVICES FOR UNLAWFUL, UNFAIR, OR IMPROPER PURPOSES, (4) YOU IMPROPERLY DENY ANY DEPOSITS OR CAUSE CHARGEBACKS, (5) WE ARE INSTRUCTED TO OR ORDERED BY A LAW ENFORCEMENT OR REGULATORY AGENCY OR COURT, OR (6) IF ADVISED BY OUR LEGAL COUNSEL TO DO SO. IF ANY OF THE ABOVE EVENTS OCCUR, WE MAY WITHHOLD YOUR GAMING ACCOUNT BALANCE, AND RECOVER FROM YOUR GAMING ACCOUNT THE AMOUNT OF ANY WITHDRAWALS, WINNINGS, OR BONUSES AS NECESSARY AND IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
15. Account Errors
A. It is your duty to inform us as soon as reasonably possible of any errors with respect to your Gaming Account so that we may investigate.
B. Regardless of whether you or we discover the error, we will use commercially reasonable efforts to place all parties directly affected by such error in the position they were in immediately before the error occurred.
You agree that if an error resulted in an overpayment of funds or winnings to your Gaming Account, you will forfeit and we may take any money from your Gaming Account relating to such overpayment at any time. If there are insufficient funds in your Gaming Account to collect the overpayment, we may demand that you pay us the relevant outstanding amount. Any failure to pay us what is owed may result in the suspension or closing of your Gaming Account and legal action. We reserve the right to declare any contest selections null and void that were the subject of any errors or technological failures
16. Fees, Prize Money & Bonuses
A. Entry fees and prize allocations vary depending on the Game. See the House Rules for more information.
B. You may be awarded free contest selections, selection credits, or similar promotions (each, a “Bonus” and, collectively “Bonuses”) which you can use for gaming and contest selections on the Services.
C. A Bonus cannot be withdrawn from your Gaming Account. Only the winnings attributed to a Bonus can be withdrawn, as per applicable contest requirements. A Bonus has no impact on your ability to withdraw your own funds or winnings from selections made using your own funds.
D. We may reclaim or cancel any unused Bonuses credited to your Gaming Account at any time within the posted rules of the Bonus. It is your responsibility to read and understand the terms of any Bonus, and such terms will be made available whenever a bonus offer is made to you. By using the Bonus, you agree to the Bonus terms.
E. Each Bonus has applicable rules, which will be made available to customers and gaming regulators.
F. Nothing in this Section shall prohibit or limit our ability to reverse or reclaim any Bonuses issued or awarded to you based upon failures, errors, manipulations, or fraudulent or dishonest activities.
G. Betr may offer rewards for Player loyalty and participation on the Platforms. Betr reserves the right to alter, amend or supplement the rewards from time to time in its sole and absolute discretion. Betr reserves the right to substitute any advertised prize with an alternative prize of equivalent value.
17. Making Selections
A. It is your responsibility to fully understand how to make your fantasy contest selections and the terms of any choices that you make.
B. You will need to deposit money into your Gaming Account and for the funds to be credited to your Gaming Account before you can play and make contest selections (please note that there may be some delay before these processes are completed and your Gaming Account is ready for you to start playing).
C. It is your responsibility to read and familiarize yourself with the House Rules. When you make a contest selection, you agree to the terms of the House Rules. When making a selection, you are responsible for ensuring that all of the details of your selections are correct. Once a selection has been made, you cannot cancel that selection.
D. You can only select up to the lesser of the amount of funds held in your Gaming Account or the limit set by us. Selections will be valid only after we accept such selection. Any selections made in your Gaming Account and accepted by us will be valid even if you have not authorized such selection. We are not liable for the settlement of any selection we have not accepted. After a selection has been accepted by us, you will receive a selection confirmation and the selection will be displayed in your Gaming Account.
E. We reserve the right to cancel and void any contest selections if, in our sole and absolute discretion, there is an error with the selection or with accepting the selection. This includes selections made after the contest closed, where any event was resolved before the selection was taken, where the Player could have an indication of the outcome, where the Player did not have adequate funds in the Gaming Account, or other failures, errors, manipulations, or fraudulent or dishonest activities, including if we have a reasonable suspicion that your identification or Gaming Account has been compromised.
F. In the event of a technological error, interruption of a data flow resulting in a system error, any system failure, or any game error that results in an error in any odds calculation, charges, fees, bonuses, or payout, or any currency conversion as applicable, we will seek to place all parties directly affected by any such error in the position they were in before the error occurred. We reserve the right to declare null and void any contest selections or choices that were the subject of any such error and to take any money from your Gaming Account relating to the relevant contest fees.
G. We reserve the right, in our sole and absolute discretion, to refuse or cancel, in whole or in part, any contest selection or change contest limits without notice, at any time.
H. We reserve the right, in our sole and absolute discretion, to reject and limit the dollar amount an individual can select in any way.
You fully accept and agree that if there is a discrepancy between any results showing in your Gaming Account and our servers, the results showing on our server shall govern. You understand and agree that our records will be the final authority in determining such matters.
18. How Results Are Determined
A. The data that Betr Picks uses to determine the scores of the Games, Matches, and athlete performance is provided by third-party data providers. While Betr seeks to ensure that all results are accurate, data collection and allocation processes are subject to human, computer, and other technological errors and as such, Betr cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. By signing up for the Services, all Players accept that it is possible for the scoring on Betr Picks to be inaccurate.
B. As with any data feed, there will always be a delay between a real-life event and that event showing up in our data feed. Players playing Betr Picks may have more up-to-date information (for example if they are in the stadium where the Match is taking place) or have access to an alternative media source. Players acknowledge that the data feed used in Games/Matches and therefore the scoring for the Games/Matches may vary significantly from scoring or information about the same Game/Match on other media sources or outlets or fantasy contest sites.
C. Points will be allocated and Games decided on the information provided by our third-party data provider at the end of each Game, and no alterations will be made to the points allocated or payouts awarded if the information from the data feed is subsequently corrected or altered, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our third-party data provider or in our calculation of results. We also may make adjustments in the event of noncompliance with these Terms. We have no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments. You agree that the final decision and determination of the winner(s) of the Game shall be subject to the sole discretion of Betr.
D. Betr has established procedures to prevent the sharing of confidential information related to the play of a contest that could affect the outcome of a contest until the information is made publicly available.
E. In some circumstances where there has been an error made in the scoring of a Game, and that error has come to Betr’s attention during the course of the Game, Betr will take commercially reasonable efforts to correct such scoring during the Game. Betr retains sole and absolute discretion to make corrections or amendments to the scoring or points allocated during a Game at any time before the pot in respect of that Game has been paid out. Unless otherwise determined by Betr, corrections or amendments will not be made to scoring or points allocation for a Game after the pot payout has taken place.
F. For more information regarding the scoring and points allocation system, see the House Rules.
G. It is your responsibility to keep abreast of team changes and adjust your choice of players for each Game/Match accordingly until the start of the Game/Match and ensure your choices are based on the official player names and player numbers.
19. Game of Skill
Betr Picks and other Fantasy Gaming games offered pursuant to these Terms are designed and intended to be games of skill. The values of all prizes and awards offerings to winning Players in public contests are established and made known in advance of the contest, and each paid fantasy contest requires an entry fee to participate. Such values are not determined by the number of Players or the amount of any entry fees paid by Players. Winners are determined by the criteria stated in the House Rules. For each game, winners are determined by the individuals who use their skill and knowledge of relevant sports and athlete information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the actual statistical results of the performance of individual athletes in sporting events, but the outcome is not determined by the score, the point spread, the performance of one or more teams, or the performance of any single team or combination of teams or solely on any single performance of an individual athlete in a single real-world sporting or athletic event. The contest Player is not permitted to choose preselected teams of athletes or select an athlete through automatic draft without controlling the athlete selections. The winning outcome is determined by the accumulated fantasy points resulting from fully completed contests, rather than a portion of a contest, except a paid contest Player may be credited for results accumulated in a contest suspended or shortened on account of weather or other natural or unforeseen event. The statistical results of the performance of individual athletes is not based on college or high school sports, or any other athletic events involving participants under eighteen (18) years of age.
20. Free Entry Games
A. In addition to real money contests, Betr may, at its discretion, hold free entry contests (“Free Entry Games”), either with or without real money prizes, or with prizes of value (including promotional prizes) as determined by Betr in conjunction with its partners. For the avoidance of doubt save (i) as expressly provided in this Section; (ii) in the House Rules for the relevant Free Entry Game; or (iii) to the extent that the Terms are inconsistent with free entry, the whole of the Terms apply to Free Entry Games, which are Games for the purposes of the Terms and Conditions.
B. The House Rules for each Free Entry Game may establish the jurisdictions in which a user must be located and of which a user must reside in order to enter such Free Entry Game. Eligibility for entry into these contests will be determined by Betr and can vary depending on the game, prize, sport, competition and such other variables as may be determined by Betr from time to time.
C. In order for a user to be eligible to enter a Free Entry Game on Betr Picks, the user must be a registered account holder with Betr.
D. Without prejudice to the rights of Betr to seek information pursuant to the terms herein, Players may be subject to less restrictive requirements under Know Your Customer (KYC) regulations while entering exclusively Free Entry Games, but all participants in Free Entry Games will be required, at a minimum, to confirm that they are of the legal age in the territory in which they reside, but in all cases, at least 21 years of age to be a registered account holder with Betr. Should a Player win a cash prize or (in certain circumstances a prize with value), while playing a Free Entry Game on Betr Picks, they may then be subject to account verification should they wish to withdraw their winnings or exchange a prize for cash (if applicable in any particular case). Failure at this time to provide satisfactory verification will result in forfeiture of winnings and could result in closure of the Player’s account.
E. The number of teams a Player will be allowed to enter into Free Entry Games is at the sole discretion of Betr and may be altered from game to game at the sole discretion of Betr. Users attempting to bypass these restrictions by using multiple accounts will be automatically disqualified and may have their accounts temporarily or permanently suspended.
21. Prohibited Activities; Suspicious Activity; Fraud
A. You warrant, represent, and agree that you will not interrupt, corrupt, or exploit for any purposes not intended by us, any of the Services, including for example, any of the following when using the Services (each, a “Prohibited Activity” and, collectively, “Prohibited Activities”):
i. Register or attempt to register a Gaming Account using another person’s personal data, or attempt to access the Services using another person’s Gaming Account;
ii. Provide your Gaming Account username and password to any other person or entity;
iii. Allow any other person to access and use your Gaming Account;
iv. Use your Gaming Account or the Services for any purpose other than personal use;
v. Involve engaging in commercial activities, including, any attempt to raise money for anyone or advertise or promote a product, service, or website, or build a business using the Content;
vi. Attempt to sell the Services, in whole or in part;
vii. Attempt to gain unauthorized access to any of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services;
viii. Interfere with other Players’ enjoyment of the Services;
ix. Engage in contest manipulation or payment fraud;
x. Abuse, harass, impersonate, intimidate, or threaten other Players or any of our authorized representatives, customer service personnel, moderators, or volunteers (including, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, or refusing to follow the instructions of our employees);
xi. Conduct, or attempt to conduct, fraudulent, unlawful, or unauthorized activity including, unlawful contest activity and payment methods;
xii. Interfere or tamper with, remove, or otherwise alter in any way, any information in any form or any security feature which is included in or on any of the Services;
xiii. Use or attempt to use any software-assisted methods, techniques, or hardware to participate in or manipulate the Services, or otherwise access the Services by automated means or under false or fraudulent pretenses;
xiv. Use any script, robot user, bot, or equivalent mechanism, including any automated computerized software or any other similar or equivalent mechanisms to automatically make contest selections;
xv. Use any features which may affect the function or performance of the Services in any way for example, the release of viruses, worms, trojans, or similar material that may be malicious or harmful;
xvi. Engage in selecting all possible outcomes or opposite sides of an event;
xvii. Abuse or misuse any Bonus offer;
xviii. Attack the Services via a denial-of-service attack or any other form of attack or interference;
xix. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, web bugs, cookies or other similar devices;
xx. Disguise or interfere in any way with the IP address of the mobile or other device you are using to access the Services or otherwise take steps to prevent us from correctly identifying the actual IP address of the mobile device you are using while accessing the Services;
xxi. Abuse in any way any online gaming or any bonus offer or other promotion offered by us;
xxii. Involve cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Services;
xxiii. Modify, adapt, translate, or reverse engineer any portion of the Services;
xxiv. Use or attempt to use the Services in any way that violates federal, State, local, or international law or regulations; or
xxv. With respect to the Services, engage in, promote, or encourage illegal activity, or activity that violates any third-party rights.
B. We may monitor or review your Gaming Account for Prohibited Activities or suspicious gaming transactions including for unusual frequency or patterns, use of non-public information, automated contest selections, use of third-party scripts or scripting programs, influence of events, multiple accounts, contest selections made in concert with others, use of masking devices, proxy servers, or other technology to hide location or misrepresent identity, use of software programs that submit entry fees or adjust selections, and any other activity we reasonably believe is suspicious (each, a “Suspicious Gaming Activity”). We reserve the right to investigate any such activity and suspend your Gaming Account, including any withdrawals, and cancel any contest selections, during such investigation. We reserve the right to withhold any funds in your Gaming Account and seek to recover from you any losses suffered by us that are in any way connected to Suspicious Gaming Activity.
C. We reserve the right to suspend or close your Gaming Account, void any or all contest selections, and take any other measures we deem reasonably appropriate if we believe you have or have attempted to conduct a Prohibited Activity or Suspicious Gaming Activity, defrauded us, violated these Terms, or otherwise engaged in or attempted to engage in any other illegal or dishonest activity in connection with your access or use of the Services. We are also obligated to refer the matter to the proper law enforcement or regulatory authorities if we reasonably believe you are engaged in illegal or fraudulent activity while using the Services.
22. Consent to Contact
By signing up for a Gaming Account or communicating with us electronically, such as via e-mail, you hereby consent to receive communications from us via e-mail, telephone or mail, from us or our affiliates. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. Third-Party Websites & Software
A. At our discretion, the Services may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We may also display and make accessible promotions, advertisements, and offers provided by third parties (“Third-Party Promotions”). You acknowledge that we are not responsible or liable for the content of linked third-party websites or the Third-Party Promotions and that we do not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or Third-Party Promotions. If you decide to access any linked third-party websites, you do so at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource. You agree that your sole remedy in connection with any Third-Party Promotion or third-party website will be with the third party offering the Third-Party Promotion or third-party website and that you will have no remedy against Betr arising from your participation in, or inability to participate in, any Third-Party Promotion or third-party website.
B. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms and conditions and privacy policies of those platforms and related services. We have no control over such social media platforms or related services.
C. For certain of the Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end user license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such agreement. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except as expressly permitted herein, in the EULA, or as permitted by law.
A. The Services contain a variety of materials, including: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Betr and Betr Picks; and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
B. The Services (including past, present, and future versions) (including, the Content therein) are owned or controlled by Betr or our licensors and certain other third parties. All right, title, and interest in and to the Services (including, the Content therein) are the property of Betr or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent, or other intellectual property rights to the fullest extent possible. We reserve all rights in and to the Services (including, the Content therein) not expressly granted to you under these Terms. You acknowledge that you do not acquire any right, title, or interest in any of the Services (including, the Content therein) as a result of using our Services, including, downloading material from or uploading material to the Services. Nothing contained on the Platforms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Services without our express written permission.
C. Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet enabled device for your personal, non-commercial use only, and solely for purposes of using the Services. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. You may not distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without our express written permission. Further, unless expressly stated herein, you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, create derivative works, or otherwise exploit any of the Content (or intellectual property rights therein), whatsoever without the express written permission of the respective owners.
D. As between you and us, the software used to operate the Services (the “Software”) is owned by us and will remain as our property. You will only use the Software in accordance with these Terms. If you become aware that the Software is being used in any manner not authorized by these Terms, you will immediately notify us. You will not: (i) reverse engineer or decompile (whether in whole or in part) the Software; (ii) make copies, modify, reproduce, publish, transmit, alter, or distribute the Software or all or any part of the Services or any material or information contained on the Services; (iii) use the Software for any unlawful purposes; (iv) use the Software in a manner that constitutes a violation or infringement of the rights of any third party (including, intellectual property rights); or (v) use the Software to cause harm or damage to the computer systems, network, or equipment of any third party. For the avoidance of doubt, use of the Software is deemed part of the Services.
E. From time to time, we may issue and make available to you upgraded versions of the Software. All such upgrades shall be deemed to be Software for the purposes of these Terms. If you have downloaded our Apps, you agree to promptly download and install any new version that we make available. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the Apps may in some cases expose you to increased security risks or service malfunctions.
F. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with the use of the Services shall be our exclusive property. You agree that unless otherwise prohibited by law, we may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you.
25. User Generated Content
A. Certain of the Services may invite or permit you to upload your own content or communicate content or materials through the Services (such content, “User Generated Content”). We do not pre-screen or exercise editorial control over, and therefore do not endorse any, User Generated Content, and we will not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
B. Once you post or communicate any User Generated Content through the Services, you expressly, and hereby do, grant Betr, its parents, subsidiaries, affiliates, and partners, a non-exclusive, worldwide, royalty-free, fully sublicensable, transferable, and irrevocable license to quote, re-post, use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, display, distribute, transmit, and broadcast such User Generated Content in any form and for any purpose (including commercial purposes), with or without attribution to you, and without any notice or compensation to you of any kind. You hereby waive any so-called "moral rights" you may have in your User Generated Content. You agree that we may also use the name, likeness, voice, or image contained in such User Generated Content as we see fit, including for commercial purposes, and you represent and warrant that you have the right to grant us permission to use any such name, voice, likeness, or image of such individual appearing in the User Generated Content throughout the world in perpetuity. In addition, you waive any right to inspect or approve the finished product, including written copy, where the likeness or testimonial appears.
C. For any User Generated Content you provide, you hereby warrant, represent, and agree that such content:
i. Does not violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), and that you have all rights necessary to grant to Betr the license above;
ii. Does not contain any defamatory or otherwise inappropriate materials or statements;
iii. Does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses, etc.) which could disable or disrupt any of the Services;
iv. Complies with all applicable laws and regulations; and
v. May be used in connection with publicizing and promoting Betr and its Services.
D. You acknowledge and agree that any User Generated Content you submit when using the Services, including reviews and your communications with other users via online messaging, private messaging, forums, or bulletin boards, and any other similar types of communications and submissions on or through the Services, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in the Services (other than with respect to the information you provide to us in establishing your Gaming Account).
E. We reserve the right (but are not obliged to), in our sole discretion, to edit or remove User Generated Content, with or without notice and for any reason. You hereby agree that, to the maximum extent permitted by applicable law, we will at no time be responsible or held liable for the removal, modification, or blocking of, or other damage to or loss of, any User Generated Content. The views expressed in User Generated Content are the views of the individual concerned, not those of Betr.
26. Digital Millennium Copyright Act
We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, please provide the following information to the DMCA Agent identified below:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. A description of the copyrighted work that you claim has been infringed upon;
C. A description of where the material that you claim is infringing is located within the Services;
D. Information reasonably sufficient to permit Betr to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
E. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement that include the information above should be submitted via postal mail or e-mail to us as follows:
Betr Holdings, Inc.
290 NE 68th Street
Miami, FL 33138
305-605-2387
You agree to indemnify, defend (at our option), and hold Betr and its parent companies, subsidiaries, affiliates, and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Betr Parties”) harmless from and against any and all damages, losses, liabilities, claims, costs (including reasonable attorneys’ fees and court costs), investigations, judgments, fines, penalties, settlements, interest, expenses, or demands, including, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) your use of the Services and your activities in connection with the Services (including, any actions taken with respect to a linked third-party website or Third-Party Promotion); (ii) any information you submit to us, including, any User Generated Content; (iii) your breach, alleged breach, or anticipatory breach of these Terms; (iv) your violation of any applicable laws or regulations in connection with your use of the Services; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) injuries, damages, or losses to persons and property which may be sustained in connection with participation in any contest transactions, the receipt, ownership, use, or misuse of any winnings or while preparing for, participating in or traveling to or from any Services related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy (all of the foregoing, “Claims”). You will cooperate as fully required by us in the defense of any Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims. We reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of Betr. We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to the one listed above in this Section as a condition of being awarded any contest prize or receiving any pay-out.
28. Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS BASIS”, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE BETR PARTIES HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING, FOR CLARITY, THE PLATFORMS, SOFTWARE, CONTENT, AND ANY GAMES), INCLUDING, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, OR RELIABILITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BETR PARTIES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; (IV) THE SERVICES (INCLUDING FOR CLARITY, ANY CONTENT OR FEATURES) MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE; (VI) ANY DEFECTS OR ERRORS ON THE SERVICES WILL BE REPAIRED OR CORRECTED; OR (VII) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
29. Limitation of Liability
YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE BETR PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE BETR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE BETR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION ABOVE MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF THE BETR PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN THE AGGREGATE, TO (I) WHERE SUCH LIABILITY RELATES TO A SPECIFIC FANTASY CONTEST SELECTION, THE VALUE OF SUCH CONTEST FEES PAID BY YOU; OR (II) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000).
THE BETR PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR CONTEST SELECTIONS OR THE ACCEPTANCE OF CONTEST SELECTIONS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE BETR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE SERVICES AND YOU CONFIRM THAT THE BETR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. BETR RESERVES THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OUR ACTS OR OMISSIONS OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
THE BETR PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY, OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Betr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
30. Governing Law; Dispute Resolution; Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BETR AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
A. Initial Dispute Resolution. Any claim or dispute arising from the Services, past or present, must be first directed to us by contacting our Customer Support Team via email at support@betr.app. We will make reasonable efforts to respond initially to any complaint or dispute within forty-eight (48) hours and, in any event, in no later than ten (10) business days. We will offer an explanation if we do not agree with your complaint, inquiry, or dispute. The Parties shall use commercially reasonable efforts through this process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either Party initiating a lawsuit or arbitration.
B. We will make arrangements so that any unresolved disputes that involve the settlement of contest fees be referred to any appropriate authority in your jurisdiction:
i. Massachusetts – The Commonwealth of Massachusetts Office of the Attorney General
ii. Arizona – Arizona Department of Gaming
iii. New York – New York State Gaming Commission
iv. Maine – Maine Gambling Control Unit
C. Governing Law. These Terms and all aspects of the Services shall be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws provisions, regardless of your location. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the State and federal courts located in New Castle County, Delaware, and you hereby consent to, and waive any and all jurisdictional and venue defenses otherwise available.
D. Binding Arbitration; No Class Action Matters; Waiver of Jury Trial. If the Parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth above, then either Party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. All disputes arising out of or related to these Terms or any aspect of the relationship between you and Betr (including, for purpose of this Section, its affiliates), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator, instead of in a court by a judge or jury and you hereby agree that Betr and you are each waiving the right to trial by a jury. To the fullest extent permitted by applicable law, you agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are expressly agreeing to give up the ability to participate in a class action.
The arbitration shall be seated in Miami, Florida, and shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org. The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision shall follow these Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
You agree that, regardless of any law to the contrary, the arbitrator shall have no authority to award punitive or exemplary damages. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal or State agencies and, if the law allows, they can seek relief against us for you.
The Parties shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
E. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Betr Holdings, Inc., 290 NE 68th Street, Miami, FL 33138. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Betr also will not be bound by them.
F. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT ANY CLAIM OR CAUSE OF ACTION AGAINST THE OTHER ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE TERMS, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE -- OR IT WILL BE FOREVER BARRED.
G. Injunctive Relief. Notwithstanding anything to the contrary in these Terms, we may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets.
H. Additional Terms for Our California Consumers. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
31. General
A. Severability. If any part of these Terms is deemed unlawful, invalid, void or for any reason unenforceable, then that part shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of the remaining provisions. In the case of the severance of any terms, the part deemed invalid, void, or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.
B. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision and shall not relieve you from compliance with such obligations.
C. No Third-Party Beneficiaries. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or remedies on any persons not party to these Terms.
D. Assignment. You may not assign, sublicense, or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without our prior written consent. On occasion, we may require the ability to transfer, assign, or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third-party service providers or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign, or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice.
E. Entire Agreement. These Terms contain the entire understanding of the Parties with respect to the matters contained herein and supersede and replace in its entirety any and all prior communications and contemporaneous agreements and understandings between the Parties, whether oral, written, electronic, or implied, and cannot be changed or modified by you except as posted on the Services by us. We each acknowledge that we have not relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms.
F. Headings; Interpretation. The section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Betr by virtue of having drafted them. For purposes of these Terms, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (iii) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (iv) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms to a statute means such statute as amended from time to time and includes any successor legislation and any regulations created.
G. Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (v) prosecute violators of these Terms. You acknowledge and agree that Betr may be bound (and will be entitled) to disclose, and may disclose, certain information about you and your Gaming Account to comply with court orders, subpoenas, applicable law and regulations.
H. Taxes. It is the sole responsibility of the Player to report winnings and losses to the tax or other authorities of the relevant jurisdiction.
I. Relationship Between Parties. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and us.
J. Force Majeure. Betr will not be deemed in default or otherwise liable to you under these Terms for any loss or damage that you may suffer due to our inability to perform our obligations by reason of any act of God, fire, earthquake, blizzard, flood, hurricane, fire, epidemic, pandemic, danger to public health or safety, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by Betr’s default hereunder), failure or delay of any transportation, power, or communications system, or any other act, omission, delay, or failure, not under Betr’s control.
K. Notices. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
L. Termination; Survival. Any suspension or termination will not affect your obligations to us under these Terms. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
32. Terms Applicable to Apple iOS
If you are accessing or using one of our Apps through a device manufactured or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):
A. These license granted to you in Section 24 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: https://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Apps.
B. To the extent that you are accessing an App through an Apple Device, you acknowledge that these Terms are entered into between you and Betr and, that Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below.
C. You acknowledge that Betr, and not Apple, is responsible for providing the Apps and Content thereof.
D. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Apps.
E. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps.
F. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Betr, Betr and not Apple is responsible for addressing any claims you may have relating to the Apps, or your possession or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
G. Further, you agree that if an App, or your possession and use of an App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
H. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
I. When using an App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App.
J. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.