# Terms of Service ## Picks Terms of Service Effective Date: January 5th, 2025 ### ⚠️ IMPORTANT LEGAL NOTICE PLEASE READ THESE TERMS CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT. These Terms of Service (the “Terms”) contain critical provisions that impact your legal rights, including: * **A BINDING ARBITRATION PROVISION** and **CLASS ACTION WAIVER** that requires disputes to be resolved through individual arbitration. * **A LIMITATION OF LIABILITY** to a maximum of USD 250. * **A LIMITATION PERIOD** of **ONE YEAR** to file any claim arising from or related to the Services. By creating an Account, accessing, or using the Services, you **AGREE TO BE LEGALLY BOUND** by these Terms and all referenced policies. *** ### 1. Introduction and Scope #### 1.1 Welcome to Picks **Picks** is a skill based app where users create entries by picking predefined performance based outcomes across supported sports and events. Entries use fixed, predefined multipliers that are displayed before confirmation, and outcomes are settled using objective data once events are completed. Picks does not operate gambling, wagering, or games of chance. Participation is based on skill and judgment, with transparent rules known in advance and no dynamic odds, randomness, or in play adjustments. #### 1.2 Governing Documents These Terms govern your access to and use of the Picks website, applications, and related services (collectively, the “Services”). The Privacy Policy and the Member Code of Conduct are incorporated by reference and form an integral part of these Terms. In the event of any conflict or inconsistency between these Terms and any referenced policy, these Terms shall prevail. *** ### 2. Definitions For purposes of these Terms: | **Term** | **Definition** | | ---------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Account | A registered user account created and maintained on the Services. | | Anjuan | The specific jurisdiction of the Republic of Anjuan, which governs these Terms. | | Digital Assets | Cryptocurrencies, blockchain-based tokens, or other distributed ledger assets supported by the Services for transactions and rewards. | | Picks | The operating company, including its affiliates, successors, and assigns, which is the counterparty to this agreement. | | Promotions | Bonuses, credits, incentives, or rewards offered by Picks, subject to specific terms and conditions. | | Reward / Prize | The specific value (e.g., Digital Assets, credits, or non-monetary benefit) awarded for a correctly executed Selection, as outlined in the specific Selection rules. | | Selection | A user-generated prediction, based on skill and knowledge, submitted through the Services. | | Third-Party Processors | External providers handling payment processing, data, analytics, infrastructure, or other essential functions for Picks. | *** ### 3. Acceptance of Terms By creating an Account, accessing the Services, or clicking on the "I Agree" button, you represent and warrant that: * You have read, understood, and accept these Terms in their entirety. * You are of legal age and capacity to enter into a binding agreement in your jurisdiction. * You agree to resolve all covered disputes by confidential, binding arbitration unless a valid opt-out is executed as described herein. If you do not agree to these Terms, you must immediately cease all use of the Services. ### 4. Modification and Suspension of Services Picks reserves the right, at its sole discretion, to modify or update these Terms at any time. Continued use of the Services after the effective date of any modification constitutes your binding acceptance of the revised Terms. It is your responsibility to review these Terms regularly. Picks may, without liability, suspend, modify, restrict, or discontinue any part of the Services, temporarily or permanently, for any reason, including maintenance, system upgrades, or regulatory compliance. ### 5. License Grant Picks grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services strictly for your personal, non-commercial purposes, subject to your compliance with these Terms. No ownership rights or intellectual property are transferred to you under this license. *** ### 6. Account Registration and Security #### 6.1 Account Requirements Certain features require the creation of an Account. You agree to provide accurate, truthful, and complete registration information and to keep it current. Picks may, at any time, require identity verification, Know-Your-Customer (KYC) checks, Anti-Money Laundering (AML) checks, or additional documentation prior to granting or continuing access to the Services. Only one Account per natural person is permitted. #### 6.2 Prohibited Account Conduct and Multi-Accounting Picks may suspend, limit, or terminate Accounts, and void associated funds or Rewards, for: * Providing false or misleading information. * Circumventing limits, controls, or technical restrictions. * Fraud, manipulation, scripting, botting, or other forms of abuse (including abuse of Promotions). * Account sharing, proxy use, or control of multiple Accounts (multi-accounting). * Any violation of applicable law or these Terms. Any funds, bonuses, or Rewards associated with Prohibited Conduct may be voided, seized, or forfeited at Picks' sole discretion. #### 6.3 Account Security You are solely and fully responsible for safeguarding your Account credentials, including passwords and private keys, and for all activity that occurs under your Account. Picks is not responsible for any loss or damage arising from unauthorized access resulting from your failure to protect your Account. *** ### 7. Eligibility and Restricted Jurisdictions #### 7.1 Age Requirement You must be at least 18 years old or the legal minimum age of majority in your jurisdiction to use the Services. #### 7.2 Jurisdictional Compliance You are solely responsible for ensuring that your access to and use of the Services is lawful in your location. Picks does not represent or warrant that the Services are appropriate, lawful, or available for use in any particular jurisdiction. #### 7.3 Sanctions and Restricted Countries The Services are not available to users who are residents of, located in, or accessing the Services from any jurisdiction subject to comprehensive sanctions or trade restrictions, including but not limited to: * Cuba, Iran, North Korea, Syria. * Crimea, Donetsk, and Luhansk regions of Ukraine. * Russia, Belarus. * Any other country or territory subject to sanctions administered by the United Nations, European Union, United States, United Kingdom, or other applicable authorities. Users listed on sanctions lists, denied party lists, or similar restricted lists are also prohibited. Picks reserves the right to use geo-blocking technology and other technical controls to enforce these restrictions. By using the Services, you represent and warrant that you are not subject to restrictions applicable to any such sanctioned or restricted jurisdiction. *** ### 8. Selections, Results, and Third-Party Experiences The Services allow users to submit Selections based on predefined, objective parameters. The rules, required skill, and potential Rewards for each Selection are clearly defined prior to submission. All Selections are final once submitted. No refunds or cancellations are permitted. Picks reserves the right to void, cancel, or adjust Selections associated with errors, fraud, manipulation, technical faults, or abnormal activity. #### 8.1 Third-Party Experiences and Prize Eligibility Certain features, Promotions, or activities related to Picks may be offered through third-party platforms or integrations, such as Discord mini applications or other community environments ("Third-Party Experiences"). Participation in Third-Party Experiences does not automatically guarantee eligibility for Rewards, Prizes, or payouts offered through the primary Services. Picks reserves the right, at its sole discretion, to: * Exclude Third-Party Experience activity from Prize eligibility. * Impose additional verification or eligibility requirements. * Void or withhold Rewards associated with Third-Party Experience participation. All Prize eligibility determinations made by Picks are final and binding. ### 9. Data Accuracy and Reliance All results and data related to Selections are determined using objective criteria, often supplied by Third-Party Processors. Picks does not guarantee the accuracy, completeness, or timeliness of any data. Displayed statistics and information are provided for informational purposes only and may contain errors. You agree not to rely solely on displayed information for making Selections or financial decisions. *** ### 10. Payments, Balances, and Withdrawals Picks may support fiat and/or Digital Asset payments through Third-Party Processors. #### 10.1 Digital Asset and Blockchain Risks By utilizing the Services and dealing with Digital Assets, you expressly acknowledge and agree to the following inherent risks: * Volatility and Market Risk: Digital Assets are subject to extreme price volatility. Picks is not responsible for any losses incurred due to fluctuations in the market value of any Digital Asset supported by the Services. * Non-Custodial Nature: Picks is likely to operate on a non-custodial basis for user Digital Assets. You are solely responsible for the security and control of your private keys and Digital Asset wallets. Picks cannot recover lost funds, private keys, or passwords. * Blockchain Network Risk: You accept the risks associated with blockchain technology, including high network fees, network congestion, forks, smart contract vulnerabilities, and the inherent finality of transactions. Picks is not liable for any failure or delay of a blockchain network. * Regulatory Risk: The regulatory status of Digital Assets is uncertain and rapidly changing. New regulations could negatively impact the value of Digital Assets, the operation of the Services, or your ability to use the Services. #### 10.2 General Payment Terms * Funds held are not insured by any governmental entity. * No interest accrues on balances. * Withdrawals may require compliance and security verification and are subject to processing delays. * All transactions are final once processed. You waive any right to chargebacks except as required by applicable law. * Picks may reverse erroneous credits, claw back mistaken payments, and offset balances arising from system or processing errors. * Picks may freeze, delay, or deny withdrawals pending compliance, fraud, or security investigations. * Picks may withhold, void, or reclaim prizes or rewards where required to comply with sanctions laws, regulatory requirements, or jurisdictional restrictions. *** ### 11. Promotions and Bonuses Promotions, including bonuses and credits, have no inherent cash value unless expressly stated. Promotions are subject to specific conditions, including usage requirements, expiration dates, and forfeiture clauses. Picks may modify or terminate any Promotion at any time without prior notice. ### 12. Taxes You are solely responsible for all taxes arising from your use of the Services, including any taxes on Rewards or gains. Picks does not provide tax, legal, or financial advice. ### 13. No Financial, Legal, or Investment Advice The Services are provided for entertainment and skill-based prediction only. They do not constitute financial, legal, investment, or tax advice. All decisions related to the Services are made independently by users. Picks does not guarantee outcomes or results, and you agree not to rely on the Services as advice of any kind. ### 14. Third-Party Services and Links The Services may integrate or link to Third-Party Processors or external websites. Picks is not responsible for the actions, failures, availability, content, or policies of any third party. ### 15. User Conduct You agree not to engage in or attempt any of the following Prohibited Conduct: * Manipulation of outcomes, data, or the Services interface. * Use of automation, scripts, bots, or other unauthorized means to interact with the Services. * Engagement in fraud, abuse, or unauthorized exploitation. * Harassment, threatening, or harming other users or Picks personnel. * Circumvention of platform controls, limits, or verification processes. Violations may result in immediate termination, forfeiture of funds, and reporting to relevant authorities. ### 16. Intellectual Property All content, software, branding, technology, and materials used within the Services belong to Picks or its licensors. You may not copy, reverse engineer, distribute, sublicense, or exploit any part of the Services without prior written consent. ### 17. User Content You are solely responsible for any content (e.g., text, feedback, data) you submit to the Services. By submitting content, you grant Picks a worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works from such content in connection with the operation and promotion of the Services. Picks may remove or modify content at its discretion. ### 18. Termination Picks may suspend or terminate your Account and access to the Services at any time for material violations of these Terms, compliance reasons, or risk management concerns, without liability to you. Termination does not limit Picks' legal rights or remedies. *** ### 19. DISCLAIMER OF WARRANTIES THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. PICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ### 20. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED USD 250. PICKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR USE) REGARDLESS OF THE LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. *** ### 21. Responsible Use and Self-Exclusion Users may be provided with tools to impose limits on their activity or self-exclude from the Services. Attempts to evade responsible use controls (e.g., creating a new Account after self-exclusion) are prohibited and constitute a material breach of these Terms. You waive any claims arising from the enforcement or failure of responsible use tools. Violations may result in forfeiture of funds and permanent termination. ### 22. Arbitration and Dispute Resolution #### 22.1 Informal Resolution Prior to commencing arbitration, you agree to first seek informal resolution of any dispute by contacting Picks support via the contact information provided in Section 30. #### 22.2 Binding Arbitration All disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved by confidential, binding arbitration on an individual basis. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules. #### 22.3 Opt-Out You may opt-out of this Arbitration Provision by sending a written notice of your decision to opt-out to Picks at the Notice address in Section 29, postmarked within thirty (30) days of your first use of the Services. ### 23. NO COLLECTIVE RECOVERY YOU AND PICKS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ### 24. Governing Law and Venue These Terms are governed by and construed in accordance with the laws of Anjuan, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the competent courts of Anjuan. ### 25. Limitation Period Any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be permanently barred. ### 26. Assignment You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder. Picks may assign these Terms freely without restriction or your consent. ### 27. Severability If any provision of these Terms is found to be unenforceable, the remainder of these Terms will remain in full force and effect. ### 28. Force Majeure Picks is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, natural disasters, utility failures, or market disruptions. ### 29. Notices You consent to receive all communications from Picks electronically. Electronic notices (e.g., via email or platform notification) are deemed valid and effective. ### 30. Contact Information For support, questions, or notices regarding these Terms, please contact us: * Support Email: * Jurisdiction: Anjuan (as legally defined in Section 2)