Article 1: Acceptance of Terms
This mobile application ("App") and www.win2win.ai ("website") is owned and operated by Win2Win Data Science Corporation and/or its affiliates (collectively "Win2Win"). Win2Win permits access to and use of the website and its App (as defined below) (collectively the "Service") subject to the following terms of the User Agreement ("Agreement"). Win2Win may, at its discretion, update the Agreement at any time. Those using the Service ("User" or "Users") can access and review the most current version of the Agreement on the Win2Win website or App.
If Users are under 18 years of age, they may not use the Service. Users represent and warrant that they are:
(i) at least 18 years of age in their jurisdiction; and
(ii) of legal age to form a binding contract.
In all cases, Users represent and warrant that they are not a person barred from accessing or using the Service under the laws of their country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service.
PLEASE REVIEW THE AGREEMENT CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, USERS AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO THEM. IF USERS DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.
Article 2: Subject Matter
The Articles of this Agreement are organized to describe the nature of the Service and the relationship between the Users and Win2Win. The Service Win2Win offers to Users is an advanced sports odds analytics system using proprietary artificial intelligence for the assessment and analysis of odds.
Article 3: Registration
3.1. In registering for the Win2Win App, Users agree to:
(i) provide true, accurate, current and complete information about themselves as prompted by the App's create account form (the "Registration Information"); and
(ii) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If Users provide any information that is untrue, inaccurate, not current or incomplete, or Win2Win reasonably suspects that Users have done so, Win2Win may suspend or terminate their account at its sole discretion.
3.2. Users are fully responsible for all activities that occur under their account, whether it is undertaken by them, a minor under their supervision, or any other person. This includes using the App and any features within the Service. Users may not share their account or password with anyone. Users agree to notify Win2Win immediately of any unauthorized use of their account or password or any other similar breach of security.
3.3. Users will receive SMS text messages from Win2Win for two-factor authentication (2FA) to verify correct devices.
Article 4: Users Rights & Responsibilities
4.1. In connection with Users' access to or use of the Win2Win App, Users shall not impersonate any person or entity, including, but not limited to, Win2Win personnel, or falsely state or otherwise misrepresent their affiliation with any person or entity.
4.2. In connection with Users' access to or use of the Win2Win App, Users shall not sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the App, including, but not limited to, their user account and password.
4.3. In connection with Users' access to or use of the Win2Win App, Users shall not take actions that may be construed as illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable.
4.4. In connection with Users' access to or use of the Win2Win App, Users shall not act in a manner that negatively affects the ability of other Users to access or use the App.
4.5. In connection with Users' access to or use of the Win2Win App, Users are solely responsible for their own APPSTORE and GOOGLE PLAY account membership, account rules, and privacy requirements.
4.6. In connection with Users' access to or use of the Win2Win App, Users shall not infringe on any patent, trademark, trade secret, copyright or other proprietary right of any party.
4.7. In connection with Users' access to or use of the Win2Win App, Users shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the App.
4.8. In connection with Users' access to or use of the Win2Win App, Users shall not take any action that imposes an unreasonable or disproportionately heavy load on the App or the Service infrastructure.
4.9. In connection with Users' access to or use of the Win2Win App, Users shall not upload, transmit, or otherwise make available content that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware.
4.10. In connection with Users' access to or use of the Win2Win App, Users shall not take any action that consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation.
4.11. Users dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the App, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between Users and the advertiser or other third party. Users acknowledge and agree that Win2Win shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
4.12. In connection with Users' access to or use of the Win2Win App, Users shall not violate any applicable local, state, provincial, federal, national or international law or regulation.
4.13. Users agree that Win2Win and/or its licensors own and retain all rights, title and interest in the App and all materials within the App. Users may not:
(i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any information pertaining to the App;
(ii) frame or utilize any framing technique to enclose any information pertaining to the App;
(iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the App; or
(iv) access the App for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the App or any products or services offered by Win2Win. Win2Win reserves all rights not expressly granted to you.
Article 5: Win2Win Rights & Responsibilities
5.1. Win2Win provides sports odds analytics in the App solely for informational and entertainment purposes.
5.2. Win2Win reserves the right to refuse access to Users of the Service at any time with or without notice and/or probable cause.
5.3. Win2Win reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. Users agree that Win2Win shall not be liable to Users or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
5.4. The sports odds information data is owned, operated, and provided by bookmakers. The sports odds information data provided by bookmakers are publicly available and is used by the Win2Win App solely for reference, informational and entertainment purposes. Win2Win is not responsible for any changes that occur with the sports odds information that is provided by bookmakers.
5.5. Win2Win owns the rights to all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service as its intellectual and confidential property. None of this material can be copied, reproduced, and/or published without the prior knowledge or consent of Win2Win.
5.6. The names, logos and other trademarks of the App belong to Win2Win. Users agree not to display or use in any manner any Win2Win Mark without Win2Win's prior written consent. The exclusive rights to Win2Win Marks are hereby expressly reserved by Win2Win.
5.7. The Win2Win App may contain content from other third party websites, platforms and/or resources. Users acknowledge and agree that Win2Win does not control or endorse, and is not responsible for, any content, advertising, products, services or other materials on, transmitted from or available through such third party websites, platforms and/or resources (collectively "Externalities"), including without limitation the accessibility, accuracy, non-infringement, legality, decency, or any other aspect of theses Externalities.
Article 6: Privacy
6.2. To California Residents: Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties' direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. Users may make one (1) request each year by emailing us at [email protected].
6.3. To European Union Residents: For Users residing within the European Economic Area, additional rights as expressed under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the General Data Protection Regulations ("GDPR") are applicable to them.
Article 7: Warranty Disclaimer
7.1. USERS USE OF THE APP IS AT USERS SOLE RISK. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIN2WIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.2. WIN2WIN MAKES NO WARRANTY AND PROVIDES NO CONDITIONS THAT:
(i) THE SERVICE WILL MEET USERS REQUIREMENTS;
(ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE.
Article 8: Limited Liability
WIN2WIN SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THESCORE PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
Article 9: Indemnification
Users agree to indemnify and hold Win2Win and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners and licensors harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of their:
(a) access to or use of the App;
(b) violation of the Agreement or any law or regulation; or
(c) violation of any rights of another party.
Article 10: Governing Law
10.1. The Agreement shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Delaware.
10.2. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE AGREEMENT OR USERS ACCESS TO OR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE AGREEMENT, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT USERS MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF USERS CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
Article 11: Termination
In the event that Users violate the Agreement, all rights granted to Users under the Agreement shall be terminated immediately, with or without notice, and Win2Win, in its sole discretion, may remove and discard Users Information. The provisions of the Agreement that should by their nature survive termination of the Agreement shall survive such termination.
For all inquiries relating to this User Agreement, please contact us at [email protected].
March 24, 2022