Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Pick 'Em Sports™ mobile application and the website pickemsports.co (collectively, the "Service"), operated by Pick 'Em Technologies, Inc. ("we," "our," or "us"). Please read these Terms carefully before using the Service.

Pick 'Em Sports™ is a free, non-gambling fan prediction platform. No real money is wagered, no entry fees are charged, and no cash prizes or awards of redeemable monetary value are offered by Pick 'Em Technologies. The game, without the gamble.

By creating an account, accessing, or otherwise using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not access or use the Service.

1.Acceptance of These Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms constitute a binding legal agreement between you and Pick 'Em Technologies, Inc. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2.Eligibility

The Service is not directed to children under the age of 13, and we do not knowingly permit such children to create accounts. Users between the ages of 13 and 17 may use the Service only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on the minor's behalf.

By using the Service, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate and complete.

3.The Service — Free and Non-Gambling

Pick 'Em Sports™ lets fans make predictions ("picks") on the outcomes of sporting events, compete in leagues, track standings and leaderboards, and engage with friendly rivalries. The Service is provided free of charge.

• No wagering. The Service does not facilitate betting, wagering, or gambling of any kind. No money or anything of monetary value is staked on the outcome of any prediction.
• No entry fees. We do not charge fees to create an account, join a league, or submit picks.
• No cash prizes. Pick 'Em Technologies does not offer cash, cash-equivalents, or prizes of redeemable monetary value. Scores, points, rankings, and trophies within the Service have no monetary value and cannot be exchanged for money or other consideration.

4.Accounts and Registration

To use most features of the Service, you must create an account. You may register using a supported third-party sign-in provider (such as Apple Sign-In or Google Sign-In) or other methods we make available.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to provide accurate, current, and complete information and to keep it up to date.
• You must notify us promptly of any unauthorized use of your account or any other breach of security.
• You may not impersonate any person or entity or misrepresent your affiliation with any person or entity.

5.Picks, Scoring, and Leaderboards

Picks must be submitted before the applicable lock time for each event. Once an event has locked or begun, picks for that event can no longer be created or changed, except where the Service expressly permits per-event editing.

• Scores are calculated using our proprietary scoring system, which varies by sport and league. Scoring rules are determined solely by us and may be updated from time to time.
• We rely on third-party data providers for game schedules, scores, and results. We do not guarantee the accuracy, completeness, or timeliness of this data, and scores may be adjusted to reflect corrected results.
• We reserve the right to correct errors, recalculate scores, void picks, or adjust standings where data errors, technical issues, or abuse are identified.
• Leaderboards, standings, and analytics are provided for entertainment purposes only.

6.Leagues

The Service offers official leagues operated by us, fan-created leagues, and sponsored leagues. When you create or join a league, you agree to participate in good faith and in accordance with these Terms and any additional league-specific rules presented within the Service.

We may modify, suspend, archive, or remove any league at our discretion, including leagues that violate these Terms or that are inactive. League creators are responsible for the conduct of leagues they create, including any custom names or descriptions, which must comply with Section 8.

7.Sponsored Leagues and Prizes

Some leagues are associated with a brand sponsor ("Sponsor"). Participation in any sponsored league is entirely voluntary, and you are never required to join a sponsored league to use the core features of the Service.

• By joining a sponsored league, you consent to receive push notifications from the Sponsor, delivered through the Service. You can stop these notifications at any time by leaving the league or adjusting your notification settings.
• Any prize, reward, or experience offered in connection with a sponsored league is provided by the Sponsor, not by Pick 'Em Technologies, and is governed by the Sponsor's own terms and eligibility rules.
• We are not responsible for the fulfillment, quality, or delivery of any Sponsor-provided reward, and we make no representations or warranties regarding such rewards.
• We handle your personal information in connection with sponsored leagues as described in our Privacy Policy.

8.Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation, or facilitate any illegal activity, including unlawful gambling
• Post or transmit content that is unlawful, harassing, defamatory, obscene, hateful, or otherwise objectionable
• Impersonate another person, create accounts by automated means, or operate multiple accounts to gain an unfair advantage
• Manipulate scores, leaderboards, or league outcomes, or exploit bugs or vulnerabilities
• Interfere with, disrupt, or place undue load on the Service or its infrastructure
• Reverse engineer, decompile, scrape, or attempt to extract source code or data except as permitted by law
• Infringe the intellectual property or other rights of Pick 'Em Technologies or any third party

We may investigate and take appropriate action against anyone who violates this Section, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement.

9.User Content

You retain ownership of the content you create within the Service, including your display name, profile photo, picks, and league names ("User Content"). By submitting User Content, you grant Pick 'Em Technologies a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute that User Content solely for the purpose of operating, providing, and improving the Service.

You represent that you have all rights necessary to submit your User Content and that it does not violate these Terms or any third-party rights. We may remove User Content that we believe violates these Terms or is otherwise objectionable, without notice.

10.Intellectual Property

The Service, including its software, design, text, graphics, and the Pick 'Em Sports™ name and logo, is owned by or licensed to Pick 'Em Technologies and is protected by intellectual property laws. "Pre-Picks™" is a trademark of Pick 'Em Technologies, Inc. Patent pending; U.S. Application No. 63/633,875.

Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Service, nor use our trademarks without our prior written consent. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial entertainment purposes in accordance with these Terms.

11.Third-Party Marks and Services

The Service displays names, logos, and trademarks of third-party sports leagues, teams, and organizations for identification and informational purposes only. All such marks are the property of their respective owners. Their appearance within the Service does not imply any affiliation with, sponsorship by, or endorsement by those third parties.

The Service may also link to or rely on third-party services and data providers. We are not responsible for the content, policies, or practices of any third party, and your use of third-party services is at your own risk.

12.Disclaimers

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that scores, results, or data will be accurate or complete. Your use of the Service is at your sole risk.

13.Limitation of Liability

To the fullest extent permitted by law, Pick 'Em Technologies and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, goodwill, or other intangible losses, arising out of or relating to your use of (or inability to use) the Service.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to these Terms or the Service will not exceed one hundred U.S. dollars (US $100.00), recognizing that the Service is provided to you free of charge.

14.Indemnification

You agree to indemnify, defend, and hold harmless Pick 'Em Technologies and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, your User Content, or your violation of these Terms or any applicable law.

15.Termination

You may stop using the Service and delete your account at any time through the app's Settings screen. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or for any other reason in our reasonable discretion.

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

16.Governing Law and Disputes

These Terms are governed by the laws of the State of West Virginia, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in West Virginia, and you consent to personal jurisdiction in those courts.

Nothing in this Section limits any right you may have to bring an individual claim in small-claims court or to pursue remedies available under applicable consumer-protection law that cannot be waived by agreement.

17.Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms within the Service and update the "Last Updated" date above. For material changes, we may also provide notice via push notification or email. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

18.Contact Us

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