Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Beat The Odds platform, including our mobile applications, websites, and related services (collectively, the "Platform"), operated by Beat The Odds LLC ("BTO," "we," "us," or "our"), a Texas limited liability company.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Nature of the Platform

Beat The Odds is a paid-entry fantasy sports contest platform. You enter contests based on the projected performance of real athletes, and outcomes are determined by those real-world statistics.

The Platform includes features for depositing and withdrawing real money, and it collects identity information (including the last four digits of your Social Security number) so we can verify your eligibility to use them. Those payment features are currently switched off while we complete payment-provider onboarding, and during that period contest balances operate in play-money mode and cannot be withdrawn or redeemed for cash. We may enable real-money deposits and withdrawals without releasing a new version of the app; when we do, the terms below governing wallet balances apply.

Wallet balances

• Cash — your main balance for entering contests. It grows when you win. While real-money payments are switched off it cannot be withdrawn or redeemed for cash.
• Bonus — promotional credit issued by BTO (referrals, sign-up offers, and similar). Bonus credit is not cash: it is never withdrawable and never converts to Cash. Each grant carries its own playthrough requirement, and any credit still remaining when a grant closes, expires, or is voided is forfeited. Winnings from a contest entered with Bonus settle to your Cash balance.
• Clutch Cash — loyalty currency earned by playing contests, and redeemable at partner venues for food, non-alcoholic drinks, services, and merch at the pricing shown in the app. Clutch Cash is not currency, and cannot be converted to Cash or withdrawn.

2. Eligibility

You must be at least 21 years old to create an account and use the Platform. By registering, you represent and warrant that you meet this age requirement. We verify your date of birth on our servers at registration, and we reserve the right to request proof of age and to suspend or terminate accounts that do not meet eligibility requirements.

The Platform is available only to users located in the United States, and only in those states where we offer contests. The states currently available are shown in the app during registration. We verify your location before you enter a contest; if you are outside an available state, contest entry will be unavailable to you. [COUNSEL: confirm whether this section must enumerate the eligible states by name, and whether any state-specific responsible-gaming or self-exclusion disclosures are required here.]

3. Account Responsibilities

• You must provide accurate and complete information when creating your account
• You are responsible for maintaining the confidentiality of your login credentials
• You may not create more than one account per person
• You are responsible for all activity that occurs under your account
• You must notify us immediately at support@btofantasy.us if you suspect unauthorized access to your account

4. Acceptable Use

You agree not to:

• Use bots, scripts, or automated tools to interact with the Platform
• Manipulate gameplay, exploit bugs, or engage in any form of cheating
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use the Platform for any unlawful purpose or in violation of these Terms
• Harass, abuse, or harm other users
• Impersonate any person or entity, or misrepresent your affiliation
• Attempt to gain unauthorized access to any part of the Platform or its systems

5. Kiosk Operators

If you use the Platform as a kiosk operator, the following additional terms apply:

• You are responsible for ensuring your venue complies with all applicable local laws and regulations
• You must maintain accurate business and venue information in your account
• You are responsible for the physical security and proper use of kiosk devices at your venue
• BTO may terminate kiosk operator access if venue or operator requirements are not maintained

6. Intellectual Property

All content, features, functionality, trademarks, logos, and other intellectual property on the Platform are owned by Beat The Odds LLC or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Platform without our prior written consent.

7. User Content

By submitting any content to the Platform (including usernames, profile information, and any other materials), you grant BTO a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with operating the Platform. You represent that you have the right to submit any content you provide.

8. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BTO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE THE ACCURACY OF SPORTS DATA, ODDS, OR GAMEPLAY RESULTS DISPLAYED ON THE PLATFORM.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BTO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO BTO, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless BTO and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Platform, your violation of these Terms, or your violation of any rights of another party.

11. Termination

We may suspend or terminate your account and access to the Platform at our sole discretion, with or without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Platform ceases immediately. Bonus credit and Clutch Cash are promotional balances rather than cash and are forfeited upon termination, as described in Section 1. [COUNSEL: specify what happens to a withdrawable Cash balance when an account is terminated or closed. The prior text forfeited all balances, which was written when every balance was play money; forfeiting a real-money balance is a legal determination engineering cannot make.]

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Texas. You agree to waive any right to a jury trial or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

14. Privacy

Your use of the Platform is also subject to our Privacy Policy, which describes how we collect, use, and protect your personal information.

15. Changes to These Terms

We may modify these Terms at any time by posting the revised version on this page. The "Effective Date" at the top indicates when the Terms were last updated. Material changes will be communicated via the Platform or email. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

16. Contact Information

If you have questions about these Terms, please contact us at: