Terms of Service

Welcome to Sportsbookify. Enjoy delivering the best entertainment value to sports fans.

By using Sportsbookify you automatically agree to these Terms and our Privacy Policy which results in a legal agreement ("Agreement") between you and FanBettor Inc. ("FI," "we," or "us"). FI provides you the Sportsbookify App Service (SAS) that allows you to run your Gamified Sportsbook App. We refer to the SAS as the "Service". As a customer of the Service or a representative of an entity that's a customer of the Service, you're a Member ("Member," "you", "you're" or "your") according to this Agreement. These Terms of Service ("Terms") define the terms and conditions under which you're allowed to use the Service in accordance with the Agreement and how we'll treat your account while you're a Member. If you don't agree to these Terms, you must discontinue your use of the Service. If you have any questions about our Terms, feel free to contact us.

IF YOU REGISTER FOR A FREE TRIAL OF THE SERVICE, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.

1. ACCOUNT

a. Eligibility

In order to use the Service, you must:
1. be a legal entity in good standing;
2. complete the account registration process;
3. agree to these Terms;
4. provide your full legal name, legal entity name, phone number, a valid company email address, and any other information indicated as required.
5. provide true, complete, and up-to-date contact and billing information;
6. not be based in any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-supporting" country; and not be listed on any U.S. government list of prohibited or restricted persons.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. FI may refuse service, close accounts of any Member, and change eligibility requirements at any time.

b. Term

When you sign up for a free trial or paid monthly subscription plan and agree to these Terms, the Agreement between you and us is formed, and the term of the Agreement (the "Term") will begin. The Term will continue for as long as you have a Sportsbookify account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

c. Account and Password

You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to and any activity occurring in such account whether or not you authorized that activity. You'll immediately notify us of any unauthorized access or use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

2. SUBSCRIPTION/PAYMENT

a. Paid Monthly Plans

When you sign up for a paid monthly subscription plan, you are required to select a plan (e.g., Starter, Growth, Enterprise) (together, your "Monthly Plan"). Each Monthly Plan offers different daily pricing and features that are specified on the pricing page of our website.

b. Pricing (Bet Scale)

Bet Scale pricing offers the flexibility to only pay for the number of bets placed in your Gamified Sportsbook App each month. Each plan resets to 0 bets at the beginning of every month. See the pricing page of our website for pricing details.

1. Starter Plan

Starter pricing scales at every 1,000 bets per month. Exceed 1k bets in a month and the daily price moves up to SCALE 2 (covers bets 1,001 to 2k). Exceed 2k bets in a month and the daily price moves up to SCALE 3 (covers bets 2,001 to 3k) and so forth. Bet range resets to 0 at the beginning of every month.

2. Growth Plan

Growth pricing scales at every 2,500 bets per month. Exceed 2.5k bets in a month and the daily price moves up to SCALE 2 (covers bets 2,501 to 5k). Exceed 5k bets in a month and the daily price moves up to SCALE 3 (covers bets 5,001 to 7.5k) and so forth. Bet range resets to 0 at the beginning of every month.

3. Enterprise Plan

Enterprise pricing scales at 4,000 bets per month. Exceed 4k bets in a month and the daily price moves up to SCALE 2 (covers bets 4,001 to 8k). Exceed 8k bets in a month and the daily price moves up to SCALE 3 (covers bets 8,001 to 12k) and so forth. Bet range resets to 0 at the beginning of every month.

c. Monthly Subscription Charge

Your monthly bill is based on the daily price of the number of days it was on each bet scale as seen in the Bet Usage screen in the Control Panel.

When you sign up for a plan, you agree to monthly recurring billing. Your monthly plan begins the date your SAS is ready for use. Billing occurs on the first day each month, based on the previous months bet usage. Payments are due by the 5th day of each month.

d. Free Trial

If you use the Service under the free trial plan ("Free Trial") you may do so for 14 days with a limit of 100 bets. You may cancel your free trial plan by sending an email to support@sportsbookify.com with the subject 'Cancel Free Trial'. Future releases will enable users to cancel plans from the control panel. All Gamified Sportsbook App Contests must be complete before cancellation of ANY plan.

e. Debit and Credit Cards

As long as you're a Member with a Monthly Plan or otherwise have an outstanding balance with us, you'll provide us with valid debit or credit card ("card") information and authorize us to deduct your charges against that card. You'll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we're authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won't be rejected. If we're unable to process your card order, we'll try to contact you by email and may suspend your account until your payment can be processed.

f. Monthly Plan Changes

We may change Monthly Plans at the start of any new year by posting a new pricing structure on our Sportsbookify Site or in your account and/or sending you a notification by email.

g. Your Plan Changes

You may cancel or downgrade your plan ONLY WHEN ALL CONTESTS ARE COMPLETED AND THERE ARE NO LIVE CONTESTS OPEN FOR ENTRY by sending an email to support@sportsbookify.com. When your plan is cancelled you will no longer have access to the control panel and your SAS will no longer be available online or accessible.

h. 99.5% Availability

We guarantee at least 99.5% availability in your service plan each month. The services are considered available in the following scenarios:

1. Users are able to login to the service and compete in social sports betting contests.

2. Plan administrators are able to create, read and view data in the Control Panel.

Downtime:

The total accumulated minutes in a month during which the Service is unavailable.

Limitations:

Does not apply to factors outside our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers).

Service Credit:

When the availabilty falls below 99.5% you will be eligible for a 25% service credit on your next bill. To be eligible you must submit a claim.

Claims:

In order for FI to consider a claim, you must submit the claim to customer support including all information necessary to validate the claim, including but not limited to: (a) a detailed description of the Incident; (b) information regarding the time and duration of the Downtime; and (c) descriptions of your attempts to resolve the incident at the time of occurrence. We must receive the claim within two months of the end of the billing month in which the incident that is the subject of the claim occurred.

3. Member Content

For purposes of these Terms, "Member Content" means any data, text, graphics, images, links, media or other content that you submit to Sportsbookify. You represent and warrant that all Member Content that you may post to the Service shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity. You represent and warrant that all Member Content that you may post to the Service does not contravene any contract, agreement or other arrangement nor the laws of any applicable jurisdiction. You shall not post Member Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct. You shall be solely responsible for keeping a duplicate copy of all Member Content; FI does not accept any responsibility or liability for the loss of your Member Content. You retain ownership of any Member Content that you upload to the Service.

4. Rights

a. Proprietary Rights

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, source code, databases and any other property related to the Service.

b. Feedback

You may provide or we may ask you to provide suggestions, comments, input or other feedback ("Feedback") regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.

5. Provision of Service

During the Term, FI grants Member a limited, non-exclusive, non-transferrable, non-sublicensable, royalty-free right to access and use the Service. Member agrees that its purchase of the Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by FI with respect to future functionality or features. Member acknowledges that FI will not be delivering copies of any software as part of the Service.

Members will be required to abide by the terms of this Agreement. FI may terminate or suspend any Member's access to the Service for any breach without notice.

We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:
(a) planned downtime (of which FI shall give notice in advance), and
(b) any unavailability caused by circumstances beyond FI's reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving FI employees), Internet service provider failure or delay or denial of service attack.

6. Restrictions

Member shall not:
(a) lend, sell, or sublicense the Services to third parties;
(b) send or store viruses, spyware, ransomware, or other harmful or malicious code, or files to or in connection with the Services;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
(d) access or use the Service in order to build a similar or competitive product;
(e) exploit the Services in any unauthorized way whatsoever, including by trespassing or burdening network capacity;
(f) sell any player information collected from your Gamified Sportsbook App to any third party company and/or organization.

7. Sports Betting Contests

Member is 100% Responsible for ALL social sports betting contests created in the Member Subscription and:
(a) shall verify all contest parameters(Start Time, End Time, Entry Deadline, etc.) of social sports betting contests are correct;
(b) shall not hold FI accountable for any incorrect contest parameters entered by the Member.

Player Information you Collect

The player information you collect shall only be exercised for its projected purpose which is allowing you to send prizes, information about your new gamified sportsbook, data requested, responding to inquiries and technology updates.

8. Prizes

Member is 100% Responsible for ALL Prizes and:
(a) shall deliver all prizes within 14 days to the winner(s) in any and all social sports betting contests;
(b) have 100% of the prize value in hand before listing that prize.

9. Support

During the Term, FI will provide Member with support services as required and will always respond as soon as possible to help solve any issue the Member may be experiencing.

10. Rules and Abuse

By agreeing to these Terms, you promise that:
(a) You will not send spam emails to promote your Sportsbookify Gamified Sportsbook App;
(b) You will not use the service for any real money gambling that would allow the taking of real money wagers.

11. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You're responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or any applicable laws. You may not use the Service for any unlawful or discriminatory activities. If you collect any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

12. Liability

a. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that:
(a) you assume full responsibility for any loss that results from your use of the Service;
(b) we won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages; and
(c) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month. For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

b. No Warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don't provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn't limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement.

c. Indemnity

You agree to indemnify and hold FI and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from
(a) your Content,
(b) your use of the Service,
(c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,
(d) any misrepresentations made by you, or
(e) a breach of any representations or warranties you've made to us.

d. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms.

e. Choice Of Law

The Commonwealth of Massachusetts’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Suffolk County, Massachusetts, and each party consents to personal jurisdiction in those courts.

f. Disclaimers

We and our Team aren't responsible for the behavior of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service.

13. Intellectual Property Ownership

The SAS is a copyright protected gaming platform. All material and content on the SAS are owned by FI, and in no way shall be copied, reverse engineered, or disassembled in any way and any attempt to do so will be held accountable to the maximum extent of the law.