Terms of Service

These General Terms of Service (the "Terms") are a legally binding agreement between you and Fanstake, Inc. ("Fanstake," "we," "our," or "us") governing your access to and use of the Fanstake website, any Fanstake mobile application, and the products, services, content, and features that link to these Terms (collectively, the "Services").

Fanstake provides a sports-fan platform where users can respond to Takes; participate in Polls, Rankings, Ratings, and Predictions; develop a Fan DNA profile; earn Points and redeem eligible Rewards; play for a primary school through school-based competition and leaderboards; participate in Huddles and private Groups; use Chats; and access additional related features.

Important arbitration notice

Section 26 contains a binding arbitration agreement and class-action waiver. Except for the limited exceptions described there, you and Fanstake agree to resolve disputes through individual arbitration rather than in court. Arbitration does not use a judge or jury. You may opt out of the arbitration agreement within 30 days by following the instructions in Section 26.

1. Acceptance and incorporated policies

By creating an account, clicking a button or checking a box indicating acceptance, or otherwise accessing the authenticated Services after being presented with these Terms, you represent that you have read, understood, and agreed to these Terms.

These Terms incorporate the following documents when applicable to your use of the Services:

• the Fanstake Privacy Policy;
• any Community Guidelines published by Fanstake;
• current Points and Rewards Program Rules made available in the Services;
• any School Competition and NIL Opportunity Rules made available in the Services;
• official rules for a contest, sweepstakes, promotion, leaderboard, or game in which you participate;
• additional terms presented for an optional feature; and
• the separate Staking and Payment Terms, only if those services are activated and you affirmatively accept those terms.

These documents are collectively the "Additional Terms." Specific promotion or feature terms control only for the promotion or feature they govern. The Privacy Policy controls in the event of a conflict concerning the collection, use, disclosure, or retention of personal information. These Terms otherwise control unless Additional Terms expressly say that a particular provision supersedes them.

If you do not agree to these Terms, do not create an account or use the authenticated Services.

2. Eligibility

You must be at least 16 years old to create or use a Fanstake account. Some features, promotions, Rewards, games, or financial services may require you to be at least 18, to have reached the age of majority where you live, or to satisfy additional eligibility requirements.

If you are at least 16 but have not reached the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms and authorized your use of the Services. Fanstake may require confirmation of that authorization when required by law or reasonably necessary for a particular feature.

You may use the Services only if:

• you can legally enter into these Terms, directly or through legally sufficient parent or guardian authorization;
• you are not prohibited from using the Services under applicable law;
• you are not subject to sanctions or listed on a U.S. government restricted-party list;
• you have not previously been removed from Fanstake unless we have authorized your return; and
• you are located in a jurisdiction where Fanstake makes the applicable Services available.

Account availability in a country does not mean every feature, Reward, promotion, or service is available there. We may restrict access based on age, geography, legal requirements, licensing, integrity, safety, or operational considerations.

3. Accounts and account security

You agree to provide complete, accurate, and current registration information and to keep it updated. Unless Fanstake expressly permits otherwise, each person may maintain only one account and may not sell, assign, transfer, lend, or share an account.

You are responsible for:

• safeguarding your password, authentication method, and devices;
• activity conducted through your account, except to the extent caused by Fanstake's failure to use legally required care;
• promptly notifying us at support@fanstake.com of suspected unauthorized access; and
• signing out or otherwise protecting access when using a shared device.

You may not create an account using another person's identity or credentials, create accounts through automation, operate multiple accounts to obtain an advantage, or allow a suspended user to access the Services through your account.

Usernames, handles, credentials, badges, and account identifiers are licensed for use within Fanstake and are not property. We may change or reclaim them when reasonably necessary to address impersonation, infringement, inactivity, safety, confusion, or violations of these Terms.

4. The Services and changes to the Services

Fanstake may add, remove, suspend, modify, limit, test, or discontinue any part of the Services. Features may be labeled beta, preview, experimental, or early access and may change or end without becoming generally available.

We do not guarantee that any feature, content, score, history, Point balance display, Reward, integration, or other part of the Services will always be available or remain in its current form. Where applicable law or a specific commitment requires notice, redemption rights, refunds, or another remedy, we will provide them.

Fanstake may establish operational rules, limits, eligibility requirements, and technical specifications for a feature. Current descriptions displayed within the feature form part of the applicable Program Rules or Additional Terms when clearly identified as such.

5. Takes, Polls, Rankings, Ratings, and Predictions

Fanstake may allow users to answer questions, express opinions, make selections or predictions, rank or rate subjects, and view individual, team, school, community, or aggregate results. We refer to these experiences collectively as "Takes" unless a specific feature says otherwise.

Takes and their results are designed primarily for fan participation, information, and entertainment. Unless separate Official Rules expressly provide otherwise:

• a response is not a bet, wager, investment, financial product, or purchase;
• a response does not create a right to money, property, admission, selection, or any particular outcome;
• aggregate results represent activity on Fanstake and are not scientific surveys or necessarily representative of a broader population;
• results may change as responses are validated, removed, corrected, recategorized, or recalculated;
• Fanstake may establish response windows, eligibility rules, weighting, tie-breakers, scoring, and integrity controls;
• Fanstake may invalidate or exclude responses affected by duplication, automation, coordination, manipulation, technical error, ineligibility, or abuse; and
• Fanstake's good-faith server records and final determinations control, subject to correction of manifest error.

You may not buy, sell, automate, coordinate, misrepresent, or otherwise manipulate responses or results. You may not use bots, scripts, account farms, incentives not authorized by Fanstake, or deceptive practices to influence a Take.

Sports predictions, ratings, rankings, summaries, and similar content are not financial, wagering, recruiting, medical, legal, educational, employment, or other professional advice. Do not rely on them for a consequential decision.

6. Fan DNA

Fan DNA is an evolving Fanstake-generated characterization based on eligible activity. It may include values, observations, classifications, scores, milestones, history, and explanations.

You understand and agree that:

• Fan DNA is a product feature and expression of Fanstake's methodology, not an objective or complete assessment of you;
• eligible activity may contribute to Fan DNA even when your profile is in Blind mode;
• Blind mode changes visibility and does not stop Fan DNA processing;
• Fan DNA cannot currently be disabled separately from the authenticated Services;
• observations, categories, methodology, calculations, thresholds, and presentation may be corrected, recalibrated, or changed;
• a value or observation may be incomplete, uncertain, delayed, or inaccurate; and
• Fan DNA is not intended for employment, education, lending, insurance, housing, legal eligibility, or other similarly consequential decisions.

Fanstake owns the software, methodology, taxonomies, scoring systems, presentation, and other intellectual property used to generate Fan DNA. You retain rights in User Content you submit, but those rights do not give you ownership of Fanstake's derived methodology or product design.

The Privacy Policy governs how Fan DNA is collected, used, retained, and excluded from advertising and commercial datasets.

7. Points and Rewards Program

A. Definitions

"Points" are promotional, revocable units that Fanstake may record in an eligible user's account. "Rewards" are benefits, merchandise, gift cards, digital items, entries, experiences, recognition, access, promotions, or other items that Fanstake may make available in exchange for Points or qualifying activity. The "Program" means Fanstake's Points and Rewards program.

B. Nature of Points

Except where applicable law requires otherwise:

• Points are not cash, legal tender, cryptocurrency, securities, deposits, bank funds, stored value, or property;
• Points have no fixed or guaranteed monetary value and do not accrue interest;
• Points are not insured by the Federal Deposit Insurance Corporation, National Credit Union Administration, or any other deposit-insurance system;
• Points may not be purchased, sold, transferred, assigned, inherited, pledged, combined between accounts, exchanged outside Fanstake, or redeemed for cash unless Fanstake expressly authorizes a particular transaction in separate terms;
• a displayed Point balance is not a promise that any particular Reward, redemption rate, or catalog will remain available; and
• Points and Rewards may be used only through the Program and in accordance with the Program Rules applicable at the time of use.

C. Earning Points

Fanstake may award Points for eligible participation, verified activity, promotions, achievements, referrals, games, challenges, or other actions identified in the Services. We may establish or change:

• which activities earn Points;
• earning formulas, multipliers, tiers, streaks, caps, and limits;
• validation, pending, vesting, or waiting periods;
• geographic, age, account-status, credential, or feature eligibility;
• start and end times; and
• additional conditions displayed with an offer.

Points may appear as pending or provisional until the underlying activity is validated. Points are earned only after Fanstake records them as final. Participation alone does not guarantee an award.

Fanstake may withhold, delay, cancel, or reverse Points associated with an error, failed or reversed activity, duplicate account, bot, manipulation, fraud, ineligibility, violation of Program Rules, violation of these Terms, or conduct that undermines the integrity of the Program. We are not required to disclose proprietary fraud signals or integrity methods.

D. Balances and corrections

Fanstake's good-faith Point-event ledger and transaction records control in the event of a discrepancy, absent manifest error. We may correct a balance, reverse an erroneous transaction, reconstruct totals from the ledger, or temporarily freeze a balance while investigating suspected error or abuse.

Fanstake may maintain more than one Point balance, counter, or measure, including spendable, seasonal, annual, lifetime, pending, school or community, credential, or promotional Points. A single activity may affect more than one measure, and each measure may have different earning, validation, redemption, expiration, reset, rollover, cap, display, and correction rules. Redeeming spendable Points will not affect a credential measure unless the applicable Program Rules say otherwise. No displayed balance, counter, or measure creates a vested right.

If you believe a Point transaction is incorrect, contact support@fanstake.com within 60 days after it appears in your account. Failure to contact us within that period may limit our ability to investigate, but does not waive a non-waivable legal right.

E. Rewards and redemption

Rewards are subject to availability, eligibility, quantity limits, redemption windows, geographic restrictions, and any additional terms displayed at redemption. Fanstake may:

• determine and change the Rewards catalog;
• determine and change the number of Points required for a Reward;
• add, remove, limit, or substitute Rewards;
• limit the number or type of redemptions available to an account or household;
• require account, age, location, identity, eligibility, delivery, or tax verification;
• charge a disclosed delivery, handling, or third-party processing fee where permitted; and
• cancel or delay a redemption affected by error, fraud, ineligibility, insufficient inventory, legal restriction, or circumstances outside Fanstake's reasonable control.

Images, estimated values, and descriptions are illustrative unless the applicable Reward terms expressly guarantee a specific item. When a selected Reward becomes unavailable, Fanstake may cancel the redemption and restore the applicable Points or, where appropriate, substitute a Reward of comparable or greater value.

Redemptions are final and may not be canceled, returned, exchanged, or refunded unless Fanstake permits it, the Reward-specific terms provide otherwise, or applicable law requires it. A Reward issued in error may be canceled or recovered, and any corresponding Point adjustment may be reversed.

Third-party Rewards are also subject to the issuer's or provider's terms, availability, expiration, acceptance, warranty, and fulfillment rules. Fanstake is not the issuer of a third-party gift card or benefit unless expressly stated. We remain responsible for obligations that applicable law does not permit us to disclaim.

F. Age, taxes, and verification

A general Fanstake account may be available at age 16, but an individual Reward or promotion may require the user to be 18 or older, to have reached the age of majority, or to satisfy other eligibility rules.

You are responsible for taxes associated with a Reward. When legally required to report, withhold, pay, or document taxes or to complete a payment-related verification, Fanstake or its provider may require legal name, address, government tax identifier, government identification, or other legally required information. Any such workflow will be separately disclosed and handled under the Privacy Policy's staking, payment, and tax-identity provisions.

G. Expiration, forfeiture, and account closure

Points may expire under Program Rules applicable when they are earned or as subsequently disclosed. Fanstake may establish or change expiration periods based on inactivity, account status, promotional conditions, legal requirements, migration to a replacement program, or termination of the Program.

Unless applicable law or specific Program Rules provide otherwise, unused Points are forfeited when an account is deleted or permanently terminated. Fanstake may provide a redemption window or conversion opportunity but does not promise one in every circumstance. Points associated with fraud, manipulation, or material violations may be forfeited immediately.

H. Program changes and termination

Subject to applicable law, Fanstake may create, modify, suspend, restructure, replace, or terminate any aspect of the Program, including earning opportunities, formulas, multipliers, caps, tiers, redemption rates, eligibility, expiration, available Rewards, and conversion methods.

No current earning rate, Point balance display, Reward, redemption rate, or Program configuration is guaranteed to continue. For a material adverse change affecting substantial accrued Points, Fanstake will provide reasonable advance notice and, when legally required or reasonably practicable, a limited opportunity to redeem or use affected Points. This does not restrict immediate action needed to correct error, prevent abuse, comply with law, protect security, or respond to circumstances outside Fanstake's reasonable control.

I. Promotions and privacy choices

Offer-specific terms or Official Rules control a promotion, contest, sweepstakes, game, leaderboard, or limited-time Points opportunity. Ordinary participation in the Program is not conditioned on consenting to targeted advertising or the sale or sharing of personal information. If Fanstake offers a benefit in exchange for a privacy choice in a manner regulated as a financial incentive, we will provide the legally required separate notice and opt-in process.

J. Activity Credentials, tiers, status, and access

Fanstake may assign an activity-based status, designation, badge, rank, level, stage, or tier to an account (an "Activity Credential"). An Activity Credential under this subsection is a fan-engagement feature. It is different from the athlete, team, school, league, organization, identity, or other verification credentials described in Section 14.

Activity Credentials may be based on one or more factors, including:

• Points or another seasonal, annual, lifetime, or status measure;
• participation, contribution, performance, accuracy, achievements, badges, or streaks;
• the length, frequency, recency, or type of eligible activity;
• school or team affiliation, account standing, verification, invitation, or integrity review;
• an active subscription or other qualifying program; and
• any additional criteria identified in the applicable Program Rules.

Fanstake may establish or change the names, number, order, appearance, and meaning of Activity Credential tiers; qualification and maintenance criteria; Point thresholds; performance, badge, accuracy, subscription, invitation, tenure, or other gates; formulas, multipliers, caps, and weighting; status-year or season dates; reset, rollover, hold, floor, downgrade, expiration, and requalification rules; and the method and timing used to validate or display status. A status shown as pending, estimated, projected, or provisional is not final. Fanstake's good-faith records and determinations control, absent manifest error.

Except where applicable law requires otherwise, an Activity Credential is personal, limited, revocable, and non-transferable. It has no inherent, cash, redemption, resale, or guaranteed monetary value; is not property, a security, a deposit, stored value, a professional certification, or an ownership or governance interest; and does not create a vested right or entitlement.

Fanstake may use Activity Credentials to determine eligibility for different Reward catalogs or redemption thresholds, features, content, recognition, communities, events, experiences, merchandise, promotions, priority opportunities, higher limits, or other benefits (collectively, "Credential Benefits"). However, earning or holding an Activity Credential does not guarantee any particular Credential Benefit, Reward, inventory, price, level of access, admission, role, recognition, interaction, priority, school benefit, partner benefit, or continued status. A credential establishes only the eligibility Fanstake identifies at that time, subject to availability, validation, capacity, age, geography, account standing, law, additional terms, and other disclosed conditions.

Fanstake may add, remove, suspend, limit, substitute, or change Credential Benefits and may offer different benefits to different tiers, schools, teams, locations, cohorts, subscription plans, or users. A benefit becomes binding only when Fanstake expressly confirms a particular redemption, reservation, transaction, or other commitment under applicable terms. Any description of a planned, possible, upcoming, pilot, beta, or partner benefit is informational and is not a promise that the benefit will launch or remain available.

Fanstake may work with schools, teams, leagues, brands, venues, merchants, or other third parties to offer Credential Benefits. Those benefits may depend on a separate relationship, inventory, eligibility rules, third-party terms, or continued third-party participation. A reference to a potential or participating organization does not by itself imply sponsorship, endorsement, authorization, or a guarantee by that organization. Except to the extent applicable law provides otherwise, Fanstake is not responsible for an independent third party's decision to change, limit, deny, or discontinue a benefit.

If Fanstake introduces a paid subscription, it may grant a temporary VIP or other Activity Credential, satisfy one or more qualification gates, provide separate subscriber benefits, modify earning or redemption opportunities, or combine subscription status with activity-based requirements. A subscription does not purchase Points or permanent status and does not guarantee every benefit associated with a similarly named activity-earned credential. Unless purchase terms expressly provide otherwise, subscription-based status and benefits may end or change when the subscription is canceled, expires, is refunded, is reversed, becomes delinquent, or is otherwise no longer eligible. Pricing, billing, renewal, cancellation, refunds, trials, plan changes, and subscriber benefits will be governed by the terms disclosed when the subscription is offered and by Section 19.

Fanstake may correct, withhold, downgrade, suspend, or revoke an Activity Credential or Credential Benefit affected by error, fraud, manipulation, ineligibility, abuse, a reversed activity, termination, or violation of these Terms or Program Rules. Program changes remain subject to applicable law and any specific commitment Fanstake has already confirmed.

8. School-based competition, leaderboards, and NIL opportunities

A. Primary School

Fanstake may require or allow each user to select or be assigned one school as the user's "Primary School." While the feature is active, each eligible account participating in school-based competition is associated with one Primary School. Eligible activity associated with an account may contribute both to the user's personal Point measures and to a separate score or Point measure associated with the user's Primary School.

Fanstake may establish rules governing:

• which schools are available or eligible;
• how a Primary School is selected, assigned, verified, displayed, or changed;
• waiting periods, transfer windows, season locks, change limits, or other restrictions;
• when activity begins or stops counting for a school;
• treatment of activity when a user changes schools, has multiple school relationships, or does not select a school; and
• whether a particular activity, user, account, promotion, or Point category is eligible for school competition.

Fanstake may describe this participation as "Play for Your Team" or using similar language. That language describes fan participation in Fanstake's school competition; it does not make a user an athlete, employee, agent, representative, or official member of a school or team. Selecting or being associated with a Primary School does not represent that you attend, attended, work for, represent, or are officially affiliated with that school. It does not give you authority to act for the school or use its intellectual property outside the permissions provided by Fanstake.

B. School Points, scores, and leaderboards

Fanstake may aggregate eligible activity from users associated with a school into "School Points," a "School Score," or another school-competition measure. A single activity may affect a user's personal Points, an Activity Credential measure, a School Score, and other measures differently. Unless the applicable rules state otherwise, redeeming personal Points does not reduce a School Score, and users do not own or control School Points.

For each competition, season, campaign, or measurement period (a "Competition Cycle"), Fanstake may establish or change:

• eligible activities, users, schools, sports, conferences, divisions, regions, or cohorts;
• Point values, formulas, multipliers, weights, caps, minimums, maximums, and participation thresholds;
• start and end times, validation periods, freeze dates, tie-breakers, and finalization procedures;
• whether scores use raw totals, normalized results, a hybrid model, brackets, tiers, bands, or another methodology;
• how deleted, suspended, duplicate, ineligible, fraudulent, automated, manipulated, corrected, delayed, or reversed activity is treated; and
• whether and how a Competition Cycle affects recognition, Rewards, Credential Benefits, brand opportunities, or NIL Opportunity allocation.

School leaderboards may be provisional while activity is validated. Fanstake may delay finalization, correct errors, recalculate scores, disqualify activity, or adjust results to protect competition integrity. Fanstake's good-faith records and final determinations control, absent manifest error.

C. Normalization and competitive balance

Fanstake may use a normalized or hybrid School Score designed to measure the depth, rate, intensity, consistency, or quality of engagement relative to the size or characteristics of a school's fan base, rather than relying only on total activity. The purpose is to give fan communities of different sizes a meaningful ability to influence results through sustained engagement. A Competition Cycle may therefore be structured so that a school with a smaller estimated fan base can equal or exceed the score of a school with a larger estimated fan base when its fans participate at a materially higher rate or intensity.

A normalization or competitive-balance methodology may account for factors such as:

• Fanstake's estimate of a school's addressable or active fan base;
• the number or percentage of eligible or active users associated with the school;
• enrollment, alumni population, audience, attendance, market, historical participation, or other reasonably relevant indicators;
• activity per participating fan, engagement rate, retention, breadth of participation, verified performance, or data confidence;
• minimum sample sizes, outlier treatment, diminishing returns, caps, floors, weighting, or handicap-like adjustments; and
• different divisions, cohorts, sports, seasons, geographic markets, or data-availability levels.

Fanstake may select, combine, test, revise, or discontinue normalization inputs and methods and may use reasonable estimates where complete or uniform data is unavailable. An estimate used for competition scoring is not a representation of a school's actual fan-base size or commercial value. Normalization is intended to promote competitive balance; it does not guarantee that every school will receive the same score, rank, allocation, or outcome.

The methodology applicable to a Competition Cycle will be identified in the Services or applicable School Competition and NIL Opportunity Rules. Fanstake may correct or revise a methodology when reasonably necessary to address error, missing or unreliable data, manipulation, legal requirements, or competition integrity. When reasonably practicable, a material methodological change will apply prospectively or be disclosed before final results are determined.

D. NIL Opportunity Pools and Target Allocations

Fanstake may work with brands, agencies, athletes, schools, teams, leagues, venues, merchants, service providers, and other partners, or use its own resources, to identify or create potential name, image, and likeness endorsement opportunities for eligible athletes ("NIL Opportunities"). An NIL Opportunity may be offered through an agreement with Fanstake, a brand partner, or another participating party.

Fanstake may designate an estimated amount or value of potential NIL Opportunities for a particular Competition Cycle, campaign, period, or group of schools (an "NIL Opportunity Pool"). If Fanstake publicly announces an NIL Opportunity Pool, the applicable rules or disclosure may identify its valuation basis, participating campaigns or partners, eligible schools, restrictions, timing, and allocation methodology (the "Allocation Methodology"). A pool may change before final allocation because of partner participation, campaign availability, legal or eligibility requirements, force majeure, or other conditions identified in the applicable rules.

An Allocation Methodology may use final School Scores to divide an NIL Opportunity Pool proportionally or through tiers, bands, minimums, maximums, reserves, rounding, carryovers, campaign-specific pools, or other disclosed adjustments. It may also account for sport, athlete eligibility, brand category, campaign fit, geography, timing, available inventory, conflicts, legal restrictions, school or governing-body requirements, and other conditions relevant to completing lawful and commercially genuine NIL agreements.

For a Competition Cycle expressly described as using proportional allocation, Fanstake will apply the disclosed Allocation Methodology in good faith to the final validated School Scores to calculate each eligible school's target share (a "Target Allocation"). Subject to the contingencies and adjustments in this section and the applicable rules, Fanstake will make reasonable good-faith efforts to stagger and source bona fide offers so that the aggregate offer value directed to athletes associated with each school corresponds to that school's Target Allocation. Unless the applicable rules expressly state otherwise, a leaderboard rank by itself does not correspond to a fixed dollar amount.

Fanstake may amend an Allocation Methodology before results are finalized and may correct a final calculation affected by error, fraud, manipulation, invalid activity, unreliable data, partner withdrawal, legal requirements, or a material change in available opportunities. If a material change affects an announced pool or finalized Target Allocation, Fanstake may provide an updated pool, extend the cycle, carry an allocation forward, substitute qualifying opportunities, or use another reasonable adjustment described in the applicable rules.

E. Offers, agreements, and conversion

A Target Allocation is a good-faith opportunity-sourcing and offer target. It is not cash held for a school, athlete, or user; is not an escrow, trust, account balance, prize, charitable contribution, or debt; and does not give any school, athlete, user, or other person ownership of, or beneficiary rights in, an NIL Opportunity Pool.

Unless the applicable rules expressly provide otherwise, Fanstake may count an NIL Opportunity toward a Target Allocation when Fanstake, a brand, or another participating party makes a bona fide offer to an eligible athlete at the applicable school on terms that identify the proposed compensation, activation, deliverables, and material conditions. The applicable rules may instead use executed-contract value, paid value, another milestone, or a combination of measures.

Leaderboard position, School Points, a School Score, an NIL Opportunity Pool, or a Target Allocation does not guarantee:

• that an offer will be accepted, converted into an executed agreement, performed, approved, cleared, or paid;
• any particular athlete, team, sport, gender, season, campaign, brand, number of agreements, timing, deliverable, or compensation amount;
• that an athlete will remain eligible, enrolled, rostered, available, or willing to participate;
• that a brand, school, governing body, or other party will approve or continue an opportunity; or
• that an announced pool will produce completed agreements equal to its estimated or target value.

Athletes, brands, Fanstake, and other contracting parties remain free to accept, reject, or negotiate proposed terms. Fanstake may select which eligible athletes receive offers and in what order; make multiple, replacement, or staggered offers; change the mix of sports, athletes, brands, campaigns, or deliverables; carry an unmet Target Allocation into a later period; or, after reasonable sourcing or offer efforts, reallocate, substitute, reduce, or expire an unmet amount as permitted by the applicable rules.

Each NIL agreement is separate from the leaderboard. It must include genuine promotional, endorsement, appearance, content, licensing, or other NIL services and appropriate activation or deliverables. Compensation and contract terms may be determined independently based on the athlete's NIL value, the services involved, market conditions, campaign requirements, and applicable law and rules. School competition does not compensate an athlete for athletic performance, achievement, enrollment, attendance, or choosing or remaining at a particular school.

F. Brand relationships and fan offers

Brand partners may sponsor competitions, challenges, Rewards, campaigns, content, advertisements, fan offers, or NIL Opportunities. Subject to the Privacy Policy, applicable law, and available controls, Fanstake may display or deliver brand content and offers to users, including based on a user's stated Primary School or other eligible signals.

Fanstake may receive fees, commissions, sponsorship revenue, service payments, or other consideration from brands and partners. Unless specific terms expressly provide otherwise, users, schools, and athletes have no right to that consideration merely because they participate in Fanstake, contribute to a School Score, appear on a leaderboard, or are associated with a campaign.

Brand advertising, fan offers, Rewards, and NIL Opportunities are separate arrangements. A brand's decision to advertise to or offer a benefit to fans of a school does not obligate the brand to enter an NIL agreement, and an NIL agreement does not guarantee that a brand will make a particular offer available to fans.

Athlete endorsements and other sponsored content must comply with applicable advertising laws and disclosure requirements. Fanstake may require clear sponsorship or material-connection disclosures, approval of claims or creative materials, compliance review, and other campaign controls.

G. Compliance, school independence, and program changes

All NIL Opportunities and agreements are subject to applicable federal, state, and local law; athlete eligibility and tax requirements; required disclosures, reporting, review, or clearinghouse procedures; and applicable school, conference, league, association, governing-body, brand, and platform rules. Fanstake may delay, modify, reject, cancel, or condition an opportunity when reasonably necessary for compliance, eligibility, fair-market-value review, valid-business-purpose review, conflicts, safety, integrity, or legal risk.

Unless Fanstake expressly states otherwise in writing, school names, teams, conferences, leagues, and related marks are used for identification and competition organization only. A school's inclusion, score, rank, Target Allocation, or associated NIL Opportunity does not imply that the school sponsors, endorses, administers, funds, approves, or is affiliated with Fanstake or a particular brand or agreement.

Fanstake may create, modify, suspend, restructure, replace, or discontinue school competitions, School Point measures, leaderboards, normalization methods, NIL Opportunity Pools, Allocation Methodologies, and related features, subject to applicable law and any specific commitment already confirmed under applicable rules. No current Competition Cycle, scoring method, rank, pool, allocation, brand relationship, or NIL program is guaranteed to continue in its present form.

9. Huddles, Groups, Chats, and public and private communications

Fanstake may provide public Huddles, private Groups, Chats, replies, reactions, attachments, and other communication features.

Public content

Public Huddles and other areas identified as public may be visible to people without an account, indexed by search engines, copied, quoted, embedded, or reshared by others. Do not post information publicly that you do not want others to see or copy.

Ordinary Huddle messages, replies, and associated content automatically expire from Huddle view exactly 90 days after each item's original posting timestamp. Editing does not restart that period. Expiration from Fanstake does not recall copies made by other users, search engines, archives, commercial recipients, or other independent parties while the content was public.

Private content

Private Groups and Chats are intended for their selected participants and are not intended for search-engine indexing. They are not necessarily end-to-end encrypted. Participants may copy or disclose content they can access, and Fanstake cannot guarantee that another participant will preserve confidentiality.

Authorized Fanstake personnel and providers may access private content as reasonably necessary to operate the feature, investigate reports, enforce these Terms, protect safety and integrity, provide support, or comply with law. Private Chat and private Group message content is not licensed for advertising or commercial datasets.

Do not use Fanstake as an emergency service. If you or another person may be in immediate danger, contact local emergency services.

10. User Content and licenses

A. User Content

"User Content" means content you submit, post, send, upload, or otherwise make available through the Services, including profile content, public Takes or shared Take answers, Huddle messages, Group or Chat messages, replies, reactions, photographs, images, audio, video, documents, links, and other materials.

You retain any ownership rights you have in your User Content. You are responsible for it and represent that:

• you own it or have all rights and permissions necessary to submit it and grant the licenses below;
• it does not infringe, misappropriate, or violate intellectual-property, privacy, publicity, contractual, or other rights;
• its submission and permitted use will not violate law or an obligation you owe another person; and
• information you present as factual is not knowingly false or misleading in a manner likely to cause harm.

B. Operational license for all User Content

When you submit User Content, you grant Fanstake and its affiliates, service providers, and contractors a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, format, adapt for technical purposes, display to the audience you select or the feature permits, and otherwise process the User Content as reasonably necessary to operate, secure, support, moderate, and improve the Services; investigate reports; enforce these Terms; comply with law; and exercise or defend legal rights.

For private Chat and private Group content, this license is limited to providing the communication to intended participants and the operational, security, moderation, support, and legal purposes above. It does not authorize advertising or commercial-dataset use of private message content.

C. Additional license for Public Content

"Public Content" means User Content you submit to an area designed to be public, deliberately share publicly, or make available to the public using an applicable control. Public Huddle content and a Take answer you deliberately share publicly are Public Content. Private Chats, private Group content, private individual Take answers, and nonpublic Fan DNA are not Public Content.

For Public Content, you also grant Fanstake and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, host, store, transmit, distribute, publicly display, publicly perform, format, adapt, excerpt, translate, analyze, create derivative works from, promote, and commercialize that Public Content in connection with Fanstake, its products and services, permitted commercial datasets or insights, marketing, media, and business activities. This includes authorizing service providers, distribution partners, search providers, media partners, customers, and other recipients to exercise those rights for those purposes.

This license does not permit Fanstake to place direct identifiers in commercial fan-data products or override the advertising and commercial-data exclusions in the Privacy Policy. Use of personal information associated with User Content remains subject to the Privacy Policy and applicable law.

Displaying or promoting Public Content with your public handle, avatar, profile information, or attribution does not authorize Fanstake to use your legal name, image, likeness, or identity to imply a separate endorsement of an unrelated third-party product. Any broader athlete name, image, and likeness endorsement rights require a separate agreement.

D. Duration and copies

The operational license continues for as long as reasonably necessary to provide the Services and fulfill the operational, security, moderation, support, and legal purposes above. When User Content is deleted or expires, Fanstake will stop newly displaying it through the ordinary feature within the period described in the Privacy Policy.

The licenses continue to the limited extent reasonably necessary for:

• restricted moderation, report, safety, fraud, enforcement, or legal records;
• encrypted backups and disaster recovery until overwritten through the normal cycle;
• content previously shared with or copied by other users or independent third parties;
• existing publications, distributions, sublicenses, commercial products, or contractual obligations created while content was public and the license was in effect; and
• aggregate or deidentified information that no longer identifies or is reasonably linkable to you.

To the extent permitted by law, you waive and agree not to assert moral rights or similar rights that would prevent uses authorized by these Terms. You are not entitled to compensation for authorized uses unless separate terms expressly provide otherwise.

11. Community standards and prohibited conduct

You may not use the Services to create, upload, post, send, promote, facilitate, or engage in content or conduct that:

• violates applicable law, regulation, court order, or another person's legal rights;
• threatens, harasses, bullies, stalks, intimidates, exploits, or incites violence against a person or group;
• promotes hatred or unlawful discrimination based on a protected characteristic;
• sexually exploits or endangers a minor, sexualizes a minor, solicits sexual content from a minor, or depicts child sexual abuse material;
• is pornographic, unlawfully obscene, or primarily intended for sexual solicitation;
• reveals another person's private or sensitive information without lawful authority, including doxxing, credentials, financial information, or precise location;
• impersonates another person or organization, misrepresents affiliation, or falsely claims a credential or verification;
• is defamatory, fraudulent, deceptive, materially misleading, or designed to manipulate another person;
• infringes copyright, trademark, patent, trade secret, publicity, privacy, name-image-likeness, or other proprietary rights;
• promotes illegal gambling, unlicensed wagering, match fixing, or manipulation of an athletic competition;
• contains malware, malicious code, phishing, scams, spam, unauthorized advertising, or unsolicited bulk messages;
• exploits, harms, overloads, disrupts, probes, or interferes with the Services, accounts, systems, security, or networks;
• uses bots, scripts, scraping, crawling, data extraction, automation, or artificial traffic without Fanstake's written authorization;
• circumvents access controls, rate limits, suspensions, bans, age gates, location restrictions, or integrity protections;
• creates or operates account farms, duplicate accounts, false engagement, coordinated manipulation, or unauthorized incentives;
• manipulates Takes, Fan DNA, Points, Rewards, leaderboards, Ratings, Rankings, Predictions, reports, or moderation processes;
• trains or evaluates an AI or machine-learning model on Services Content or nonpublic Service data without Fanstake's written authorization;
• reverse engineers, decompiles, disassembles, discovers source code, or derives protected underlying components except where a non-waivable law expressly permits it; or
• encourages, assists, or attempts any prohibited conduct.

You may not collect information about other users for unauthorized commercial purposes, sell or broker account or user data, or contact another user outside the Services using information obtained through Fanstake unless the user authorized that contact.

Fanstake may publish more detailed Community Guidelines and may consider off-platform conduct when it creates a credible safety, integrity, fraud, or legal risk to Fanstake or its community.

12. Moderation, reporting, and enforcement

Fanstake may, but is not obligated to, monitor, screen, review, restrict, label, deprioritize, preserve, remove, or disclose content or activity. We may use automated systems and human review. Moderation can involve judgment and may not always be complete or error-free.

We may warn a user, limit visibility or functionality, remove content, reverse Points, cancel a Reward, suspend or terminate an account, preserve evidence, notify affected parties, or refer a matter to law enforcement or other authorities when we reasonably believe it is appropriate for safety, integrity, legal compliance, or enforcement of these Terms.

Users may report content or accounts through available reporting controls or support@fanstake.com. Where available, users may block other users. Fanstake may offer an appeal process but does not promise an appeal for every action. We may decline to disclose information that would compromise privacy, safety, security, fraud detection, confidential methods, or another investigation.

Reported or moderated content and associated reports, evidence, identifiers, notes, and enforcement records may be retained indefinitely as stated in the Privacy Policy, even after ordinary content expires or an account is deleted.

13. Artificial intelligence and automated features

Fanstake may use artificial intelligence to generate or assist with Takes, prepare verified-data summaries, and assist moderation. Fanstake may also use automated systems—which may or may not use artificial intelligence—to recommend or organize content, detect fraud or abuse, analyze integrity, and develop or evaluate features.

AI-generated or automated outputs may be inaccurate, incomplete, offensive, delayed, or unsuitable for a particular purpose. They are provided for general information and entertainment and are not professional advice. You are responsible for evaluating an output before relying on or sharing it.

You may not use an AI-enabled feature to evade these Terms, violate another person's rights, generate prohibited content, misrepresent automated content as verified fact, or probe for confidential system prompts, credentials, security controls, or personal information.

The Privacy Policy governs information processed through AI systems, including current limitations on third-party general-purpose model training.

14. Athlete and organizational verification credentials

Fanstake may offer athlete, team, school, league, organization, or other credentials or badges. A verification badge means only that Fanstake completed the verification procedure associated with that badge at a particular time. Unless expressly stated, verification is not:

• an endorsement or recommendation by Fanstake;
• a background check;
• a guarantee of current identity, status, enrollment, roster position, eligibility, authority, conduct, or accuracy;
• a guarantee that every statement or post by the verified account is true; or
• an authorization for another user to rely on the account for a financial or consequential decision.

Credentials may expire, be reviewed, corrected, suspended, or revoked. You may not falsify verification information, transfer a credential, display a credential outside its intended context in a misleading way, or imply an affiliation that does not exist.

Government identification used for athlete verification is handled as described in the Privacy Policy.

15. Third-party content, sports data, services, and links

The Services may contain or rely on information from sports-data providers, schools, teams, leagues, athletes, media organizations, public sources, users, advertisers, Reward providers, and other third parties. This may include schedules, scores, statistics, rosters, rankings, odds, market information, images, summaries, links, and other material.

Third-party information may be delayed, incomplete, inaccurate, corrected, unavailable, or subject to separate rights and restrictions. Fanstake may correct, replace, remove, or stop displaying it but does not guarantee continuous availability or accuracy. A "verified-data" label identifies the type or source of data used; it does not guarantee that the underlying source is error-free.

Links and integrations are provided for convenience and do not imply endorsement. Your use of a third-party service is governed by that party's terms and privacy policy. Fanstake is not responsible for independent third-party services, content, conduct, availability, or transactions, except to the extent applicable law imposes responsibility that cannot be disclaimed.

References to a school, team, league, conference, athlete, brand, or organization do not imply sponsorship, endorsement, authorization, or affiliation unless expressly stated.

16. Fanstake content and intellectual property

The Services and their content, excluding User Content and third-party material, are owned by or licensed to Fanstake. This includes software, source and object code, interfaces, designs, graphics, text, taxonomies, scoring methodologies, Fan DNA systems, Takes created by Fanstake, compilations, databases, logos, trademarks, and other materials ("Fanstake Content").

Subject to these Terms, Fanstake grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Fanstake Content for your personal, noncommercial use. Fanstake reserves all rights not expressly granted.

Without written permission, you may not:

• copy, reproduce, modify, distribute, sell, license, publicly display, publicly perform, or create derivative works from Fanstake Content;
• frame or mirror the Services;
• remove ownership, attribution, copyright, trademark, or rights-management notices;
• use Fanstake names, marks, or branding in a way that suggests endorsement or affiliation;
• access the Services to create a competing product, dataset, scoring system, or service;
• scrape, mine, harvest, or systematically extract Fanstake Content or data; or
• circumvent a technical measure used to protect or limit access.

These restrictions do not prohibit ordinary sharing through a Fanstake-provided sharing feature or conduct that non-waivable law expressly permits.

17. Mobile applications and distribution platforms

Fanstake may make a mobile application available through Apple, Google, or another app marketplace (a "Distribution Platform"). Your use of the application must also comply with the applicable Distribution Platform's terms. These Terms are between you and Fanstake, not the Distribution Platform.

If you download the application from Apple's App Store:

• Apple is not responsible for the application or its content;
• Apple has no obligation to provide maintenance or support;
• Fanstake, not Apple, is responsible for addressing legally cognizable claims concerning the application, including product-liability, regulatory, and intellectual-property claims;
• if the application fails to conform to an applicable warranty that cannot be disclaimed, you may notify Apple, and Apple's responsibility is limited to refunding the purchase price, if any, to the maximum extent permitted by law;
• your license is limited to use on Apple-branded products you own or control as permitted by Apple's usage rules;
• you represent that you are not located in an embargoed country or on a prohibited-party list; and
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it.

If you download the application from Google Play:

• Google is only the provider of Google Play;
• Fanstake, not Google, is responsible for the application;
• Google has no obligation or liability concerning the application or these Terms; and
• Google is a third-party beneficiary of this section.

Carrier charges, data charges, device limitations, and Distribution Platform restrictions may apply. We may send service, security, and administrative communications to your device as described in the Privacy Policy and your settings.

18. Promotions, contests, sweepstakes, games, and leaderboards

Fanstake may offer promotions, contests, sweepstakes, games, leaderboards, or limited-time opportunities. Each may have separate Official Rules addressing eligibility, entry, scoring, prizes, taxes, publicity, territorial restrictions, dispute procedures, and other conditions.

School competitions, School Scores, and NIL Opportunity allocation are governed by Section 8. They are not contests or sweepstakes that award users or schools ownership of an NIL Opportunity Pool unless Fanstake expressly identifies a separate promotion and publishes applicable Official Rules.

Unless Official Rules expressly state otherwise:

• no purchase or payment is necessary to enter or win;
• a purchase or payment will not increase the chance of winning;
• participation is void where prohibited;
• Fanstake may verify eligibility and disqualify manipulation, fraud, automation, multiple accounts, collusion, or violations;
• technical errors, data corrections, canceled events, or integrity issues may cause entries or results to be corrected or voided; and
• Fanstake's good-faith final determination controls, subject to applicable law.

If Official Rules conflict with these Terms, the Official Rules control only for the applicable promotion. Publicity rights associated with a winner or Reward must be stated in the Official Rules and are subject to applicable law and the Privacy Policy.

19. Fees, payments, and inactive staking services

The current core Services do not offer active staking or general user-payment functionality. Points cannot be purchased and are not redeemable for cash under the current Program.

Fanstake may later offer a paid feature, payment, withdrawal, subscription, purchase, or staking service. Before charging you or activating a financial service, we will disclose the price and material terms and obtain any acceptance or authorization required by law.

Staking, payments, withdrawals, and related financial services are governed by separate Staking and Payment Terms. Those terms do not apply merely because they are available for review. They become applicable only if Fanstake activates the service and you affirmatively accept them.

20. Privacy and electronic communications

The Fanstake Privacy Policy explains how Fanstake collects, uses, discloses, and retains personal information. By using the Services, you acknowledge that you have read it.

By providing an email address, telephone number, or device permission, you agree that Fanstake may send service, administrative, security, legal, and transactional communications using those channels. Marketing communications are subject to your choices and applicable law. You may withdraw marketing consent as described in the Privacy Policy, but you may still receive non-promotional communications necessary to provide or secure the Services.

Electronic notices, disclosures, and records satisfy any legal requirement that they be in writing to the extent permitted by law. You are responsible for maintaining a current email address and access to a device or browser capable of receiving them.

21. Feedback

If you submit ideas, suggestions, proposals, comments, bug reports, or other feedback about Fanstake or the Services ("Feedback"), you grant Fanstake a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable right to use, reproduce, modify, distribute, commercialize, and otherwise exploit that Feedback for any purpose without restriction, attribution, or compensation.

Do not submit Feedback subject to confidentiality or third-party restrictions. Feedback does not include private User Content merely because Fanstake learns from support or moderation activity; the Privacy Policy and Section 10 continue to govern that content.

22. Suspension, termination, and account deletion

You may stop using the Services at any time and may request account deletion through available account controls or as described in the Privacy Policy.

Fanstake may warn, restrict, suspend, or terminate an account or feature access when we reasonably believe:

• you violated these Terms or Additional Terms;
• your account presents a safety, fraud, legal, security, or integrity risk;
• the account is inactive, duplicative, unauthorized, or controlled by an ineligible person;
• suspension is necessary to investigate disputed activity, Points, Rewards, content, or credentials;
• a third-party platform or legal requirement prevents continued service; or
• a feature or the Services are discontinued.

Where reasonably appropriate, we may provide notice or an opportunity to appeal. We may act without advance notice when immediate action is reasonably necessary to prevent harm, fraud, manipulation, security compromise, legal exposure, or continued violation.

Termination may result in loss of access to content, features, Points, pending Rewards, handles, history, and other account benefits. Treatment of Points and Rewards is governed by Section 7 and applicable Program Rules. Treatment of personal information, Huddle expiration, account deletion, backups, and moderation records is governed by the Privacy Policy.

Sections that by their nature should survive—including ownership, licenses to retained or previously distributed content, Feedback rights, enforcement records, disclaimers, indemnity, liability limitations, dispute resolution, and general terms—survive termination.

23. Copyright complaints and repeat infringers

Fanstake respects intellectual-property rights and expects users to do the same. We may remove or restrict content alleged to infringe and may terminate, in appropriate circumstances, users who are repeat infringers.

DMCA notices

If you believe material on the Services infringes your copyright, send a written notice to Fanstake's designated copyright agent containing:

1. your physical or electronic signature, or that of a person authorized to act for the owner;
2. identification of the copyrighted work claimed to have been infringed or a representative list;
3. identification and location of the allegedly infringing material with enough information for us to locate it;
4. your name, mailing address, telephone number, and email address;
5. a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or law; and
6. a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

Send the notice to:

Fanstake DMCA Agent
Fanstake, Inc.
2201 Shoreline Drive, 1064
Alameda, CA 94501

Counter-notices

If your content was removed or disabled as a result of a DMCA notice and you believe that occurred through mistake or misidentification, you may send the designated agent a counter-notice containing:

1. your physical or electronic signature;
2. identification of the material removed or disabled and its former location;
3. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled through mistake or misidentification;
4. your name, address, and telephone number; and
5. your consent to the jurisdiction of the appropriate federal district court and acceptance of service from the person who sent the original notice or that person's agent, as required by 17 U.S.C. § 512.

We may restore material following the statutory process unless the original claimant timely notifies us of a court action. Knowingly submitting a material misrepresentation in a notice or counter-notice may create liability.

Fanstake will maintain a repeat-infringer policy and accommodate standard technical measures as required for applicable DMCA safe harbors.

24. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available." Fanstake and the Released Parties defined in Section 25 disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, quiet enjoyment, non-infringement, and warranties arising from course of dealing or usage of trade.

Without limiting that disclaimer, Fanstake does not warrant that:

• the Services will be uninterrupted, secure, error-free, or available at a particular time or location;
• User Content, AI outputs, verified-data summaries, sports data, scores, statistics, rankings, predictions, credentials, or third-party material will be accurate, complete, current, or reliable;
• Fan DNA will accurately or completely characterize a user;
• Points will retain a particular value or any Reward will remain available;
• a School Score, leaderboard position, NIL Opportunity Pool, or Target Allocation will result in a particular offer, executed NIL agreement, sport, athlete, campaign, or payment;
• moderation will identify or prevent every violation;
• another user will preserve the confidentiality of private content; or
• defects, data loss, unauthorized access, or harmful components will never occur.

You use User Content, sports information, AI output, Points, Rewards, school competitions, leaderboards, brand offers, NIL Opportunities, and interactions with other users at your own risk. Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

25. Limitation of liability, indemnity, and release

A. Limitation of liability

To the maximum extent permitted by law, Fanstake and its affiliates, officers, directors, employees, agents, licensors, service providers, Reward providers, advertisers, partners, and contractors (collectively, the "Released Parties") will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, goodwill, use, data, opportunities, Points, Rewards, or other intangible losses, arising from or related to:

• access to, use of, or inability to use the Services;
• User Content, third-party content, AI output, sports data, or another user's conduct;
• unauthorized access to or alteration of an account, content, transmission, or data;
• changes to or discontinuation of a feature, Points opportunity, Reward, school competition, leaderboard, NIL Opportunity, integration, or the Services;
• suspension, moderation, or termination; or
• any other matter relating to the Services,

regardless of the legal theory and even if advised that damages were possible.

To the maximum extent permitted by law, the Released Parties' total aggregate liability for all claims arising from or relating to the Services or these Terms will not exceed the greater of (a) $100 or (b) the amount you paid directly to Fanstake for the Services during the 12 months before the event giving rise to the claim.

These limitations do not apply to liability that cannot legally be limited, which may include liability for gross negligence, willful misconduct, fraud, personal injury caused by legally actionable conduct, or violation of certain statutory rights, depending on applicable law.

B. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold the Released Parties harmless from third-party claims, damages, judgments, settlements, penalties, losses, liabilities, costs, and reasonable attorneys' fees arising from:

• your User Content;
• your conduct or use of the Services;
• your violation of these Terms, Additional Terms, or applicable law;
• your infringement or violation of another person's rights; or
• your fraud, manipulation, misuse of Points or Rewards, interference with School Scores or leaderboards, or unauthorized activity.

Fanstake may assume control of the defense at its expense, and you agree to reasonably cooperate. You may not settle a claim in a way that admits liability by or imposes obligations on a Released Party without written consent.

C. Release

To the maximum extent permitted by law, you release the Released Parties from claims arising from disputes between you and another user or independent third party. If you are a California resident, you waive California Civil Code § 1542, which provides that a general release does not extend to claims the releasing party does not know or suspect to exist in their favor at the time of release and that, if known, would have materially affected the settlement. Residents of other jurisdictions waive comparable protections only to the extent permitted by law.

26. Informal dispute resolution, arbitration, and class-action waiver

A. Informal resolution first

Before filing arbitration or litigation, the complaining party must send a written Notice of Dispute. Notices to Fanstake must be emailed to legal@fanstake.com with the subject "Notice of Dispute." The notice must include the sender's name and account email, a description of the dispute and supporting facts, and the specific relief requested.

The parties will attempt in good faith to resolve the dispute for 60 days after a complete notice is received. Applicable limitation periods are tolled during that 60-day period. This requirement does not prevent a party from seeking emergency relief necessary to avoid imminent and irreparable harm.

B. Agreement to arbitrate

Except for the exclusions below, you and Fanstake mutually agree that any dispute, claim, or controversy arising from or relating to the Services, these Terms, Additional Terms, the Privacy Policy, or the parties' relationship will be resolved through final and binding individual arbitration rather than in court.

This version of the Arbitration Agreement applies to disputes based on events occurring on or after the date you accept it. Events occurring before acceptance remain governed by the terms, if any, that applied when they occurred. This version does not retroactively apply to a lawsuit or arbitration already filed before your acceptance.

The Federal Arbitration Act governs this Arbitration Agreement. The arbitrator has authority to decide issues concerning the interpretation, scope, validity, and enforceability of this Arbitration Agreement, except that a court will decide issues concerning the enforceability of the class-action waiver, public-injunctive-relief provision, or mass-arbitration procedure.

C. Exclusions

Either party may:

• bring an eligible individual claim in small-claims court;
• seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights;
• report a matter to or participate in a proceeding before a government agency; or
• seek public injunctive relief in court when applicable law prohibits waiver of that right.

D. Arbitration provider and procedures

JAMS will administer arbitration under the rules applicable to the dispute and the JAMS Consumer Arbitration Minimum Standards in effect when arbitration begins. If those standards conflict with this section, the standards control.

The arbitration will be conducted by one neutral arbitrator. The consumer's access to arbitration will not be precluded by location. At the consumer's election, a hearing may be conducted remotely or in a reasonably convenient location, subject to applicable JAMS rules.

The consumer will not be required to pay more than $250 in arbitration filing fees. Fanstake will pay other JAMS case-management and arbitrator fees required by the Consumer Arbitration Minimum Standards. Each party pays its own attorneys' fees unless applicable law or the arbitrator permits an award.

The arbitrator may award on an individual basis any remedy available in court that applicable law does not permit the parties to waive. The award will be written and reasoned. Judgment may be entered in any court with jurisdiction.

E. Class-action and representative-action waiver

To the maximum extent permitted by law, you and Fanstake agree that each may bring claims only in an individual capacity and not as a plaintiff, claimant, class member, or representative in a class, collective, consolidated, coordinated, private-attorney-general, or representative proceeding.

The arbitrator may not combine claims of different people or preside over a class or representative proceeding except through the mass-arbitration process below or with the written agreement of all parties. If a non-waivable law permits a particular representative claim, that claim will proceed only in the forum and manner required by that law.

F. Coordinated or mass arbitration

If 20 or more substantially similar demands are submitted against Fanstake within a 60-day period by or with the assistance of the same or coordinated counsel or organization, the demands will proceed in batches to promote fair and efficient resolution, subject to JAMS rules and any contrary requirement of law.

The parties will select an initial batch of up to 25 cases to proceed. After those cases conclude, counsel will participate in a mediation concerning remaining demands. If unresolved, remaining cases may proceed in batches of no more than 100, with one arbitrator and one set of administrative fees per batch where JAMS permits. Individual claimants retain the right to present facts and arguments specific to their claims.

Filing deadlines are tolled for a demand while it is subject to this batching process. A court, rather than an arbitrator, decides disputes about the interpretation or enforceability of this subsection.

G. Arbitration opt-out

You may opt out of this Arbitration Agreement by emailing legal@fanstake.com within 30 days after you first accept it. Use the subject "Arbitration Opt Out" and include:

• your full name;
• the email address associated with your Fanstake account; and
• a clear statement that you opt out of the arbitration agreement in the Fanstake General Terms of Service.

The request applies only to the person and account identified and does not opt out another person. Fanstake will preserve the request and provide confirmation. Opting out does not affect any other provision of these Terms.

If you previously and validly opted out of a Fanstake arbitration agreement, that status continues unless you later affirmatively agree to arbitrate. If you previously accepted an arbitration agreement and did not opt out, the prior agreement continues to govern events preceding this version.

H. Changes to arbitration terms

If Fanstake materially changes this Arbitration Agreement, we will provide notice and any new rejection or opt-out right required by law. A change will not apply to a dispute already filed or to events that the prior version continues to govern.

I. Severability

If a portion of this Arbitration Agreement is unenforceable, it will be severed and the remainder enforced, except that if the class-action waiver is unenforceable as to a particular claim, that claim must proceed in court rather than class arbitration unless the parties agree otherwise.

27. Governing law, venue, and time to bring claims

Except for Section 26, which is governed by the Federal Arbitration Act, these Terms are governed by Delaware law without regard to conflict-of-law principles, except to the extent the law of your residence provides non-waivable protections.

For a dispute permitted to proceed in court, you and Fanstake consent to the exclusive jurisdiction of the state and federal courts located in Delaware, except for eligible small-claims matters and claims that applicable law permits to be filed elsewhere.

To the maximum extent permitted by law, a claim arising from or relating to the Services or these Terms must be filed within one year after it accrues or it is permanently barred. This contractual period does not shorten a limitation period that applicable law prohibits the parties from shortening.

28. Changes to these Terms

Fanstake may update these Terms as the Services, Program, business, or law changes. We will post the updated version and revise its effective date. For a material change, we may provide additional notice through the Services, by email, or by another appropriate method. We will request renewed affirmative acceptance when required by law or when reasonably appropriate to preserve enforceability.

Changes apply prospectively from their stated effective date. They do not retroactively change the treatment of personal information or an already accrued dispute when applicable law requires additional notice or consent.

To the extent permitted by law, continued use of the Services after updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Services and may delete your account.

29. General terms

Entire agreement

These Terms and applicable Additional Terms constitute the entire agreement between you and Fanstake concerning the Services and supersede prior agreements on the same subject, except that a prior arbitration agreement may continue as stated in Section 26.

Assignment

You may not assign or transfer these Terms or an account without Fanstake's written consent. Fanstake may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, operation of law, or transfer to an affiliate or successor.

No waiver

A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance identified.

Severability

Except as specifically provided in Section 26, if a provision is found unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue in effect.

Relationship

These Terms do not create an employment, agency, fiduciary, partnership, franchise, or joint-venture relationship between you and Fanstake.

Force majeure

Fanstake is not liable for delay or failure caused by events beyond its reasonable control, including natural disaster, severe weather, epidemic, pandemic, war, terrorism, civil disorder, government action, labor dispute, utility or telecommunications failure, internet or hosting outage, cyberattack, third-party platform failure, supply shortage, transportation interruption, or failure of a sports-data, Reward, payment, or other provider.

Notices

Fanstake may provide notices through the Services, by email, by postal mail to an address associated with your account, or through another legally permitted method. Notices to Fanstake must follow any specific procedure identified in these Terms. Other legal notices may be sent to legal@fanstake.com and 2201 Shoreline Drive, 1064, Alameda, CA 94501.

Export and sanctions

You may not use, export, or re-export the Services in violation of U.S. export controls, sanctions, or other trade restrictions.

Headings and interpretation

Headings are for convenience only. "Including" means "including without limitation." A reference to a law includes its amendments and successor provisions. These Terms will not be construed against a party solely because that party drafted them.

California consumer notice

California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 800-952-5210.

30. Contact us

Questions about the Services or these Terms may be sent to:

Fanstake, Inc.
Support: support@fanstake.com
Legal notices: legal@fanstake.com
Privacy: privacy@fanstake.com
Mailing address: 2201 Shoreline Drive, 1064, Alameda, CA 94501