Effective Date: August 26, 2024

PLEASE READ THESE BETR PICKS TERMS AND CONDITIONS CAREFULLY BEFORE USING OR CONTINUING TO USE THE SERVICES OF BETR HOLDINGS, INC. (“BETR”, “WE”, “US”, OR “OUR”).

IMPORTANT NOTICE: THESE BETR PICKS TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION, A WAIVER OF CLASS RELIEF, AND A WAIVER OF THE RIGHT TO A TRIAL BY JURY, AS FURTHER DETAILED IN SECTION 29 BELOW.

These Betr Picks Terms and Conditions also include information about future changes hereto (Section 4), indemnity obligations to us (Section 26), the warranties we disclaim (Section 27), and the limitations of our liability (Section 28).

If you have any questions, or you would like to establish parental controls to exclude minors from access to the Services, please contact us at [email protected].

A. These Betr Picks Terms and Conditions, including our house rules for Betr Picks and Betr Picks Group Play (collectively, the “House Rules”), and any of our other terms specific to the Services (as defined in Section 2) (collectively, these “Terms”), are a legally binding agreement that governs any access to and use of the Services. Betr may issue additional terms, rules, and conditions of participation in particular contests or games, which you should consult in order to understand the parameters and terms for those contests and games. Please note that the terms and exceptions in these Terms that are specific to a certain territory, jurisdiction, or state within the United States of America (each state, a “State”) apply if you access the Services while located in the identified State.

B. Access to and use of the Services is also governed by our Privacy Policy, linked here or available by written request to us (the “Privacy Policy”). Please read the Privacy Policy carefully before using our Services.

C. In the event of a conflict between these Terms and other terms or conditions from Betr, these Terms will control only to the extent that these Terms and the other terms and conditions directly conflict.

D. If you have any questions about these Terms, or you would like to establish parental controls to exclude minors from access to the Services, please contact us at [email protected].

A. Betr owns and operates betr.app and any other sites where these Terms are posted (collectively, the “Sites”) and the Betr mobile, tablet, and other applications (collectively, “Apps” and together with the Sites, the “Platforms”). The “Service(s)” that Betr is providing pursuant to these Terms are: (i) fantasy sports contests, products, services, promotions, and applications offered by Betr, including “Betr Picks” and “Betr Picks Group Play” (collectively, “Fantasy Gaming”), which may be on the Platforms or accessed through third-party websites; (ii) the Platforms offering the Fantasy Gaming; and (iii) the Content (as defined in Section 23).

B. For the purposes hereof:

i. “Game” means a contest played on Betr Picks or Betr Picks Group Play by a Player;

ii. “Match” refers to a sports or athletic match which relates to a Game;

iii. “Party” refers to Betr or Player;

iv. “Parties” refers to Betr and Player;

v. “Player”, “you”, or “your” means you, the player of the Game or end user accessing or using the Services.

C. Player’s access to or use of the Services may be illegal in some countries or some States. It is the responsibility of the Player to determine whether access to or use of the Services is compliant with the laws of the jurisdiction to which the Player is subject. Betr only offers Fantasy Gaming in certain jurisdictions (each jurisdiction, a “Gaming Jurisdiction”). A full list of Gaming Jurisdictions, which may be updated from time to time at Betr’s sole discretion, can be found at Which states allow Betr Picks.

D. Federal prohibitions and restrictions regarding internet gaming apply to your use of or access to the Services (including such prohibitions and restrictions set out in 18 U.S.C. Sections 1084 et seq. (known as “The Federal Wire Act”)). It is a federal offense for persons physically located outside of a Gaming Jurisdiction to engage in Fantasy Gaming with Betr.

A. By accessing, submitting information to, or otherwise using the Services (whether or not you sign up as an account holder of the Services), you understand and agree (i) to be, and are, bound by these Terms, and (ii) that we may process your information as set forth in our Privacy Policy.

B. By using these Services, you affirm that (i) you are twenty-one (21) years of age or older; and (ii) you are not prohibited or restricted from using the Services, including by any applicable law, rule, or regulation (and you acknowledge that we make no representations or warranties, implicit or explicit, as to your legal right to use the Services).

C. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT AND SHALL NOT ACCESS OR USE THE SERVICES.

D. We recommend that you print and save these Terms for your future reference. We also suggest that you print and store all transaction receipts and game rules as applicable to your use of the Services.

E. You understand that there is a risk of losing money by playing Games for real money on the Platforms (“Real-Money Games”), and that you are fully responsible for any losses incurred.

A. We reserve the right to modify, amend, or change these Terms at any time and in our sole discretion. When we make a change to these Terms, we will update the “Effective Date” (located at the beginning of these Terms), and we may also (i) place a notice on the Platforms, (ii) send an email to the address listed on your Gaming Account (as defined in Section 6), or (iii) notify you by some other means. If we intend to make a material change is made to these Terms, we will make reasonable efforts to notify you before the change comes into effect.

B. Please regularly review these Terms to remain aware of any changes that may impact you, as each change we make to these Terms will take effect immediately and apply to all access to and use of the Services that occurs when and after we post such changed Terms on the Platforms. Your continued use of the Services following our posting of revised Terms constitutes your acceptance of any changes we may make.

C. We may, in our sole and absolute discretion, modify, suspend, or discontinue any part of the Services (including any or all of the contests we offer), or restrict, suspend, or terminate your access to the Services or your Gaming Account, at any time, with or without notice, and with or without the use of any third-party service provider. If we cancel or terminate a Game, any advertised winnings, prizes, or promotions may, at our sole discretion, be either voided or awarded in any manner we deem fair and appropriate, consistent with laws, regulations, and rules governing such Game. We reserve the right, in our sole and absolute discretion, to refuse service and access to any potential user in any location of our Services.

For rules and information on a specific Game (e.g., type, length, scoring, withdrawing, and cancellation), see the applicable House Rules.

A. You must register a user account (a “Gaming Account”) to use the Services, which includes making deposits to play Games. In order to register for a Gaming Account, you agree, represent, and warrant that:

i. You are at least twenty-one (21) years of age;

ii. It is prohibited by law for anyone under the age of twenty-one (21) to participate in Fantasy Gaming, and Betr does not permit any person who is under the age of twenty-one (21) to participate in Fantasy Gaming;

iii. Betr will confirm your age, identity, and location during the account creation process;

iv. Your use of the Services is at your sole risk;

v. You shall provide accurate registration information and inform us of any changes to such details in order to keep such information accurate, current, and complete;

vi. You are opening a non-transferable account solely for your personal use, and are not acting as a principal or agent on behalf of a third party;

vii. You will not allow any other person to access or use your Gaming Account;

viii. You will not attempt to sell or otherwise transfer the benefit of your Gaming Account to any third party, nor will you acquire or attempt to acquire a Gaming Account which has been opened in the name of a third party;

ix. You may not transfer funds or Bonuses (as defined in Section 15) from your Gaming Account to another Player’s Gaming Account;

x. You are legally capable of entering into binding contracts, including these Terms, and have read and shall abide by all of these Terms;

xi. You are not prohibited for any reason from using the Services;

xii. You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding. You will immediately notify us if you become subject to backup withholding at any time;

xiii. To use the Services, you must be a legal resident in the United States of America and physically located in a jurisdiction where participation in the Services is legal and not prohibited or restricted by law;

xiv. You must be physically located in a Gaming Jurisdiction at the time you make a Fantasy Gaming selection;

xv. The availability of the Services outside of a Gaming Jurisdiction does not constitute an offer, solicitation, or invitation by us for you to use the Services outside of a Gaming Jurisdiction;

xvi. Betr will monitor and record any Fantasy Gaming contest entry communication and geographic location information associated with your Gaming Account;

xvii. We cannot provide you with legal advice with respect to the legality of your use of the Services;

xviii. We are not liable for any violation of any local, State, federal, or other law that may occur as a result of your use of the Services;

xix. You will use the Services and all User-Generated Content (as defined in Section 24) in accordance with all applicable State and federal laws, as well as in accordance with these Terms; and

xx. Professional or amateur athletes, sports agents, coaches, trainers, sports league referees or officials, sports team owners, sports team employees, and the immediate family members of these individuals, are prohibited from using any Services concerning the sport(s) in which they are associated.

B. In addition to the agreements, representations, and warranties in Section 6.A, to register a Gaming Account, you must also:

i. Provide all requested personal information, including your full legal name, date of birth, social security number, primary address, email address, and phone number;

ii. Certify that the information you provided is current, complete, and accurate;

iii. Not be a Prohibited Person (as defined in Section 7); and

iv. Complete our identity-verification process.

C. If we otherwise determine that you do not meet the eligibility requirements of this Section 6, or any other eligibility requirements which we may impose at our sole discretion, then in addition to any rights that we may have in law or equity, we reserve the right to terminate or suspend your Gaming Account and withhold or revoke the awarding of any winnings, prizes, or promotions associated with your Gaming Account. We reserve the right to refuse to register you as a Gaming Account holder, either with or without cause.

The following persons (each, a “Prohibited Person”) are prohibited from opening a Gaming Account or using the Services:

A. Certain directors, officers, and employees of Betr or our affiliated companies, as well as immediate family members and household members of these directors, officers, and employees. For the purposes of these Terms, immediate family members are spouses, domestic partners, parents, grandparents, in-laws, children (including stepchildren), and siblings;

B. Any person prohibited from opening a Gaming Account or using the Services under applicable State or federal laws;

C. Any person who has self-excluded pursuant to our self-exclusion option (discussed in Section 13.J, below) or through any State-specific self-exclusion or self-restriction;

D. Any other person who may undermine the integrity of the Services, a sporting event, or contest, or any person who Betr, in our sole and absolute discretion, deems ineligible. For example, Betr may determine the following persons are ineligible, without limitation: (i) persons restricted in their contractual capabilities; (ii) persons under legal supervision; (iii) persons diagnosed with problematic gaming or compulsive behavior, or who are undergoing, or have undergone, treatment for problematic gaming or compulsive behavior; or (iv) persons who may have access to privileged, non-public information regarding the performance of athletes who are listed as players in Matches on any Platform; and

E. Specifically with respect to the sport(s) with which they are associated, all professional or amateur athletes, sports agents, coaches, trainers, sports league referees or officials, sports team owners, sports team employees, and the immediate family members of these individuals.

No Prohibited Person may make Fantasy Gaming selections through the Gaming Account of another person as a proxy.

A. Betr reserves the right, at any time, to verify your information as a condition for opening and maintaining a Gaming Account.

B. In doing so, we may use third-party verification services and databases (collectively “Verification Services”). By providing your information to us, you expressly authorize us to share your information with the Verification Services for the purposes of establishing your identity, age, and location. Moreover, you authorize your wireless carrier to use or disclose information about your Gaming Account and your wireless device, if available, to Betr or our service providers for the duration of your business relationship, solely to help Betr and our service providers identify you or your wireless device and to prevent fraud. Please refer to our Privacy Policy for information on how we treat your data.

C. You agree to provide accurate information to us and the Verification Services upon request and to continually update any changes to that information. We reserve the right to reject your application for a Gaming Account, or if one has already been established for you, block access, suspend, or cancel your Gaming Account temporarily or permanently, for any reason, including if we are unable to verify your identity, age, or location, or have reason to believe that you do not fulfill one or more of the eligibility requirements.

D. We reserve the right to conduct a security review at any time to validate your identity, age, location, and the registration data provided by you, and the right to verify your use of the Services, including your compliance with these Terms, and your financial transactions carried out via the Services for potential breach of these Terms and of applicable law. To conduct such review(s), you authorize us and our agents to (i) make any inquiries of you and (ii) use and disclose to any third party the information that you provide to us in accordance with these Terms to validate such information, including by obtaining a credit report or otherwise verifying such information against third-party databases. In addition, to facilitate these review(s), you agree to provide such information or documentation as we, in our sole and absolute discretion, may request.

A. You may have only one (1) active and continuously used Gaming Account, and you must register with your own personal details. You will receive notice of the establishment of a Gaming Account via electronic mail or regular mail. Your Gaming Account is unique to you, non-transferable, and is for your personal use only. It shall be a violation of these Terms to allow any other person to access or use your Gaming Account. Each Gaming Account may only be owned, maintained, used, and controlled by one individual. For the avoidance of doubt, Players may not “co-own” Gaming Accounts.

B. If we discover that you have opened more than one Gaming Account, then you acknowledge and agree that, in addition to any other rights we may have in law or equity, we reserve the right to suspend and terminate your Gaming Account(s), withhold or revoke any winnings, prizes, or promotions which would otherwise be awarded, or take any other actions we deem appropriate in our sole discretion.

C. It is your responsibility to maintain your Gaming Account, keep the personal data provided therein current, and inform us promptly of any changes to your personal data.

D. It is your responsibility to protect and maintain the confidentiality and security of your Gaming Account login, password, and devices, including keeping secure and locking your devices to which your Gaming Account is linked. You accept responsibility and liability for all activities, charges, and damages under or occurring on or from your Gaming Account, including deposits or withdrawals into or out of your Gaming Account. You agree to inform us immediately by email at [email protected] if you believe that your Gaming Account, including your login and password, is being misallocated, compromised, or otherwise mishandled so that we may suspend your Gaming Account to prevent further abuse. All actions in or with your Gaming Account are deemed to be made by you, and you agree that any contest selections made and accepted in your Gaming Account will be valid even if you have not authorized such selections. If a third party accesses your Gaming Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you. We will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your Gaming Account, whether fraudulent or otherwise.

E. In opening a Gaming Account, you will not choose a username or alias that is defamatory or offensive, or in any way intended to impersonate a real person or brand or to be used for any nefarious purpose, and you agree that we reserve the right to amend your username or alias in our sole and absolute discretion, regardless of whether we believe you have breached this Section 9.E.

F. You can change your password at any time, provided your password meets the requirements for password strength. If you cannot access your Gaming Account, you can request a new password by contacting our Customer Support Team at [email protected]. If we reasonably believe that your Gaming Account is compromised or that your password does not provide adequate security, we may require that you change your password.

G. You may access a summary statement of all of your Gaming Account contest selection activity during the past year. You may also request a summary statement of all your Gaming Account selection activity during the past five (5) years by contacting [email protected].

H. If we reasonably believe you are engaged in illegal or fraudulent activity, or if you conduct or attempt to conduct a Prohibited Activity (as defined in Section 20), or if we are required to do so by a law, regulatory body, or court, we may cancel any selections you may have made or close or suspend your Gaming Account and refer the matter to the proper law enforcement or regulatory authority, in which case we have no obligation to pay any winnings, promotions, or prizes which might otherwise have been payable to you. We may also report such activity to third parties (including Betr’s vendors and partners, payment processors, banks, and credit card companies) and provide any and all of your personal, financial, banking or other information to which we have access. Furthermore, we reserve the right to withhold any funds in your Gaming Account pending the conclusion of any internal or external investigation. If such investigation reveals that you conducted a Prohibited Activity, fraud, suspicious contest selections, or other illegal activity, we have the right to seize some or all of the funds in your Gaming Account, subject to applicable law and consultation with applicable regulatory bodies. If we believe you engaged in a Prohibited Activity and we decline to honor your request to withdraw funds, we will provide notice to you of the delay in honoring the request to withdraw funds, investigate in a reasonably expedient fashion, and notify you of the final determination.

I. If requested by law enforcement, ordered by a court, gaming regulators, tax authorities, or other applicable authorities, we may suspend your Gaming Account, deny you access to the Platforms and Services, and withhold any funds until such time as a final determination by the requesting authorities has been rendered, the conclusion of any criminal or other legal proceedings, or upon guidance by our own legal counsel.

J. Your Gaming Account is not insured, guaranteed, sponsored or otherwise protected by any government, deposit, or banking insurance system or by any other similar insurance system.

A. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE

ACCESSING OR USING THE SERVICES, AND FOR ANY CONSEQUENCES THAT RESULT. YOU AGREE TO USE THE SERVICES ONLY FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.

B. Non-gaming operations such as deposits, withdrawals, and account access are allowed outside of a Gaming Jurisdiction, at Betr’s sole discretion.

C. To use the Services, you consent to the collection, storage, monitoring, processing, recording, and transmission of your data, including certain fantasy contest communications and geographic information to establish your physical location, such as your IP address and Wi-Fi signal. The foregoing actions may be done using third-party providers, and you expressly consent to our use of third-party providers, including our sharing of your information with such third parties to confirm your location. If we or our third-party providers cannot track your location for any reason, we reserve the right to prevent you from accessing or using the Services until your location is verified. You agree that we are not liable for your inability to access or use the Services. You further agree to the monitoring and recording of your gaming activity and related communications and physical location by us and the local gaming regulators. You are solely responsible for the acquisition, supply, and maintenance of all of the computer and mobile equipment, telecommunications networks, and Internet access services, and of all other consents and permissions that you need in order to access the Services.

D. By using the Services, you agree that we may, at our sole discretion, disqualify you from any Service, refuse to award or revoke any winnings, prizes, or promotions that otherwise would be awarded, and require the return of any winnings, prizes, or promotions, if you engage in a Prohibited Activity or conduct we deem to be a violation of the Terms, improper, unfair, or otherwise detrimental to the Services or other entrants.

E. As a condition of your participation in any Game, you hereby grant Betr, and our parents, subsidiaries, affiliates, and partners, a limited, non-exclusive, worldwide, royalty-free, fully sublicensable, transferable, and irrevocable license to display, quote, re-post, use, reproduce, and publish the name, image, likeness, State information, and winnings, if any, associated with your Gaming Account in any form solely to advertise and promote Betr and the Services, and without any notice or compensation to you of any kind.

A. In order to make contest selections on our Platforms, you need to deposit sufficient funds into your Gaming Account. While most deposits are instant, deposited funds may take a few days to appear in your Gaming Account depending on the payment method used. We do not offer any interest on funds held in your Gaming Account. FUNDS IN YOUR GAMING ACCOUNT DO NOT BELONG TO BETR AND ARE NOT MADE AVAILABLE TO CREDITORS OTHER THAN AUTHORIZED PLAYERS WHOSE FUNDS ARE BEING HELD.

B. You may use any method available and accepted by the Services to deposit money

into your Gaming Account, including banks, debit cards, third-party electronic payment processors and financial institutions (“Third-Party Providers”), subject to the State-specific exceptions specified below. Unless otherwise determined by Betr, the Services do not accept credit cards. By initiating a deposit into or withdrawal from your Gaming Account, you agree and hereby authorize us to instruct Third-Party Providers to handle deposits and withdrawals from your Gaming Account and agree that we may provide such Third-Party Providers with your personal information as needed to complete the transaction. You agree that we are not liable for any acts or omissions of any Third-Party Providers in processing your deposit or withdrawal and you further agree to be bound by the terms and conditions of use of each applicable Third-Party Provider. If there is a conflict or inconsistency between these Terms and the terms and conditions of any Third-Party Provider, these Terms prevail. We are not responsible for any fees charged to you by Third-Party Providers related to your deposits or withdrawals.

i. We reserve the right to credit all relevant funds to your Gaming Account only upon actual receipt of such funds by us or our agents. We reserve the right to request additional information from you prior to accepting such funds (or allowing a withdrawal) in order to properly identify the source of the funds, your identity, or for any other reason we deem necessary. We may refuse funds or return funds at any time in our sole discretion and void any contest selections if we deem the funds unauthorized. If we reasonably believe that you have no intention of using the deposited funds to make contest selections, we may suspend or close your Gaming Account and report such activity to the relevant regulators or other authorities.

C. We may apply minimum and maximum limits to the deposits into your Gaming Account for any reason. You agree to abide by those limits. If you violate this provision, we may suspend or terminate your Gaming Account and may refund or refuse to refund any monies in your Gaming Account in our sole and absolute discretion and in accordance with applicable law.

i. Subject to the above, and subject to availability of funds in your Gaming Account, you can request withdrawals from your Gaming Account at any time. We reserve the right to evaluate the payout of funds based on our assessment of their origin. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment of your deposit. Unless otherwise stated, all funds in your Gaming Account are stated in U.S. dollars and all deposits and withdrawals will be paid in U.S. dollars.

D. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any prizes to any relevant governmental or taxation authority. We are not responsible for any taxes you may owe related to or arising from your use of the Services, including taxes owed on winnings. We may report your Gaming Account activities and winnings to the appropriate State or federal authorities if required by law. You consent to receive your Betr related tax information, including Forms 1099 or W-2G (if applicable), mailed or emailed to the physical address and email address associated with your Gaming Account.

E. We reserve the right to withhold deposited funds and winnings if we reasonably believe that the deposit was unauthorized, misused, or fraudulent. We will report all matters of unauthorized, misused, or fraudulent deposits or withdrawals, including Chargebacks (as defined in Section 12), to the appropriate State or federal authorities. We may conduct our own investigation into such matters and may temporarily or permanently close your Gaming Account during such time.

F. In connection with making a deposit, you represent and warrant to us that:

i. All payments made into your Gaming Account are authorized and you will not attempt to reverse a payment made into your Gaming Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability;

ii. All money that you deposit in your Gaming Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and

iii. All money that you deposit in your Gaming Account originates from a payment source of which you are the legal owner.

G. You accept that all transactions may be checked for the detection of money laundering, and that any transactions made by you which we deem suspicious may be reported to the appropriate authorities.

12. Chargebacks and Dishonored Deposits

A. You agree not to dispute, deny, or attempt to reverse any genuine financial transaction associated with a fantasy contest selection, deposit of funds, or a withdrawal of funds or make any fraudulent financial transactions with us (collectively, “Chargebacks”). For the avoidance of doubt, Chargebacks do not include your authorized withdrawal of funds that have been deposited into your Gaming Account and which you may withdraw at any time in accordance with Section 11.

B. You agree to indemnify and reimburse us for any Chargebacks you make or any deposits that your bank fails to honor, for any reason (each, a “Dishonored Deposit(s)”), and any financial loss suffered by us as a consequence, including damages, fees, expenses, and investigatory costs relating to or arising from such Chargebacks or Dishonored Deposits including deducting the amount of any Chargebacks or Dishonored Deposits and associated damages, fees, expenses, and investigatory costs from your Gaming Account.

C. If a Chargeback or Dishonored Deposit occurs, you agree that we may provide necessary information about you and the Chargeback or Dishonored Deposit to Third-Party Providers, any local gaming regulator, other regulators, law enforcement, or other necessary third parties in order to investigate or resolve the Chargeback or Dishonored Deposit. We reserve the right to temporarily suspend or close your Gaming Account and withhold the payment of any winnings without notice until any Chargebacks, Dishonored Deposits, or other financial disputes are resolved. Furthermore, we reserve the right to invalidate or deduct the deposit amount from your Gaming Account.

D. We may also recover bad debts using whichever method may lawfully be available to us, including instructing third party collections agencies to collect the debt. This may have a detrimental impact on your credit rating and will require us to share your personal information (including your identity) with appropriate agencies.

E. We may report any criminal or suspicious activities to the appropriate authorities.

F. We will, in our sole discretion, suspend any Gaming Accounts that we reasonably believe are the subject of fraudulent transactions, including in circumstances involving consecutive failed electronic funds transfers, as required by State law. Any attempt to defraud Betr through the use of any method of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment will result in instant termination of your Gaming Account, and forfeiture of any funds you may have won, deposited, or to which you are otherwise entitled.

A. A Gaming Account shall be considered inactive and “Dormant” in the event that the registered account holder does not engage in Real-Money Games within twelve (12) months, or to the extent designated under applicable State law (each such account, a “Dormant Gaming Account”). Dormant Gaming Accounts will be opted out of all Bonuses in accordance with the applicable Bonus terms. Dormant Gaming Accounts will be monitored for unauthorized access or withdrawals. Unless prohibited by applicable law, Betr will charge a fee of four dollars and fifty cents ($4.50) per month on all Dormant Gaming Accounts (“Dormant Account Fee”) until the sooner of: (i) the Gaming Account has a zero-dollar ($0.00) balance; or (ii) the Gaming Account is reactivated by entering a paid-entry contest. We will make all reasonable efforts to inform a registered account holder of any outstanding balance sixty (60) days prior to implementing the first Dormant Account Fee.

B. Dormant Gaming Accounts for Players in Arizona: Notwithstanding the foregoing Section 14.A, the Gaming Account of a Player in Arizona shall only be considered inactive and dormant if the registered account holder does not engage in Real-Money Games for at least three (3) years, rather than the twelve (12) months generally applicable to other Gaming Jurisdictions. In addition, there shall be no Dormant Account Fee charged to the Dormant Gaming Account of any Player in Arizona. For the purposes of this Section 14.B, a Player’s residence in Arizona, or lack thereof, shall be determined by a Player’s predominant IP address when using the Services.

C. Funds of customers that remain in a Dormant Gaming Account and are legally found to be abandoned, as determined by each State’s applicable law, shall be presumed to be abandoned (“Abandoned Account”).

D. Betr will report and deliver all funds, or the portion of such funds required under State law from Abandoned Accounts to the respective State government/agency after the period established in applicable State law. Once the funds have been delivered to the State government/agency, Betr will no longer be liable to you for such funds and Betr will suspend delivery of any further Gaming Account statements to you.

E. You can take a temporary break at any time by suspending your Gaming Account access for a period of time (“Deactivation Period”). Deactivation Periods range from a minimum of three (3) days to a maximum of three hundred sixty-five (365) days. During the Deactivation Period, you will have limited access to your Gaming Account to withdraw funds and view account details, but you will not be able to make any deposits or make contest selections. Past and pending contest selections that are valid and do not violate the Terms remain unaffected by such temporary suspension. The Deactivation Period ends automatically after the specified period. However, you may not reactivate your Gaming Account at any time before this period expires.

F. You can set automatically renewing self-imposed gaming limits for your Gaming Account by adjusting the corresponding settings in your Gaming Account. You can set gaming limits on a daily, weekly, or monthly basis. We also include options to set pop-up warnings when you exceed your preferred amount of contest entries. Once you establish self-imposed gaming limits, any request you submit thereafter to reduce or remove these limits will not take effect until thirty (30) days after you have requested the modification. You may not change self-imposed gaming limits while your Gaming Account is suspended.

G. To temporarily suspend your Gaming Account or set gaming limits, you must contact our Customer Support Team at [email protected] or go into your Gaming Account settings.

H. Your Gaming Account will be suspended if you have a negative balance.

I. Account Closure by You. Subject to any exclusion-period restrictions that may be in place as set forth this Section 13, you are entitled to permanently close your Gaming Account and terminate these Terms at any time for any reason. If you wish to terminate these Terms, please state so explicitly by contacting Customer Support Team at [email protected]. Otherwise, Gaming Account closure will not be considered as termination. All pending contest selections will remain valid unless so doing would be a violation of these Terms or applicable laws or regulations.

J. Self-Exclusion. For those Players who wish to restrict their access to Real-Money Games, we provide a voluntary self-exclusion option, which enables you to close your Gaming Account or restrict your ability to game on the Platform. You can ask for your Gaming Account to be closed at any time by emailing our customer support team at [email protected]. Through our self-exclusion option, you may choose to suspend your Gaming Account for a period of one (1) year, three (3) years, five (5) years, or for a lifetime. For the entirety of the period of time you have chosen to self-exclude, you will not be permitted to use your Gaming Account, close your Gaming Account, or open another Gaming Account. Any open contest selections will be settled as provided in the House Rules and funds will be paid to you after settlement and upon your request. You may withdraw the funds in your self-excluded Gaming Account at any time by contacting [email protected] and such withdrawn amounts will be in the form of a check and sent to your mailing address. Withdrawals will not be delayed or restricted due to self-exclusion; however, to the extent applicable, withdrawals may be delayed or restricted as provided in Section 11. In agreeing to self-exclude, you accept that you have a parallel undertaking not to seek to circumvent the self-exclusion.

K. Self-Exclusion for Players in Arizona: The Arizona Department of Gaming is the primary regulator and enforcement authority for event wagering and fantasy sports contests. The Arizona Department of Gaming’s Division of Problem Gambling offers a self-exclusion program for event wagering and fantasy sports contests (“EWFS Self-Exclusion”), through which individuals in Arizona can voluntarily exclude themselves from purchasing fantasy sports contest entries at any licensed facility or on any Internet/mobile platform by submitting an EWFS Self-Exclusion form requesting to be banned from all event wagering and fantasy sports contests in Arizona. The EWFS Self-Exclusion time period options are as follows: one (1) year, five (5) years, or ten (10) years. EWFS Self-Exclusion is irrevocable and cannot be altered or rescinded for any reason during the time period selected on the EWFS Self-Exclusion request form. Each person on the self-exclusion list is prohibited from collecting any winnings or recovering any losses throughout the term of such person’s self-exclusion. To find more information about EWFS Self-Exclusion, visit the following website: https://problemgambling.az.gov/self-exclusion.

L. Account Closure by Us. TO THE FULLEST EXTENT OF THE LAW, AND IN ADDITION TO ANY OTHER RIGHTS WE HAVE UNDER THESE TERMS, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR GAMING ACCOUNT IF ANY OF THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT HAS OCCURRED OR WILL OCCUR): (1) YOU DECLARE BANKRUPTCY; (2) YOU ARE IN MATERIAL BREACH OF THESE TERMS; (3) YOU COMMIT (OR ATTEMPT TO COMMIT) FRAUD AGAINST US OR A THIRD PARTY USING THE SERVICES OR OTHERWISE USE THE SERVICES FOR UNLAWFUL, UNFAIR, OR IMPROPER PURPOSES; (4) YOU IMPROPERLY DENY ANY DEPOSITS OR CAUSE CHARGEBACKS; (5) WE ARE INSTRUCTED TO OR ORDERED BY A LAW ENFORCEMENT OR REGULATORY AGENCY OR COURT; OR (6) WE ARE ADVISED BY OUR LEGAL COUNSEL TO DO SO. IF ANY OF THE ABOVE EVENTS OCCUR, WE MAY WITHHOLD YOUR GAMING ACCOUNT BALANCE AND RECOVER FROM YOUR GAMING ACCOUNT THE AMOUNT OF ANY WITHDRAWALS, WINNINGS, OR BONUSES, AS NECESSARY, AND IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

A. It is your duty to inform us as soon as reasonably possible of any errors with respect to your Gaming Account so that we may investigate.

B. Regardless of whether you or we discover the error, we will use commercially reasonable efforts to place all parties directly affected by such error in the position they were in immediately before the error occurred.

C. You agree that if an error resulted in an overpayment of funds or winnings to your Gaming Account, you will forfeit and we may take any money from your Gaming Account relating to such overpayment at any time. If there are insufficient funds in your Gaming Account to collect the overpayment, we may demand that you pay us the relevant outstanding amount. Any failure to pay us what is owed may result in the suspension or closing of your Gaming Account and legal action. We reserve the right to declare any contest selections null and void that were the subject of any errors or technological failures.

A. Entry fees and prize allocations vary depending on the Game. See the House Rules for more information.

B. You may be awarded free contest selections, selection credits, or similar promotions (each, a “Bonus” and, collectively “Bonuses”) which you can use for Games.

C. A Bonus cannot be withdrawn from your Gaming Account. Only the winnings attributed to a Bonus can be withdrawn, as per applicable contest requirements. A Bonus has no impact on your ability to withdraw your own funds or winnings from selections made using your own funds.

D. We may reclaim or cancel any unused Bonuses credited to your Gaming Account at any time within the posted rules of the Bonus. It is your responsibility to read and understand the terms of any Bonus, and such terms will be made available whenever a bonus offer is made to you. By using the Bonus, you agree to the Bonus terms.

E. Each Bonus has applicable rules, which will be made available to you and gaming regulators.

F. We may reclaim or cancel any unused Bonuses credited to your Gaming Account at any time in accordance with the applicable rules for each Bonus. It is your responsibility to read and understand the terms of any Bonus, and such terms will be made available whenever a Bonus offer is made to you. By using the Bonus, you agree to the Bonus terms.

G. Nothing in this Section 15 shall prohibit or limit our ability to reverse or reclaim any Bonuses issued or awarded to you based upon failures, errors, manipulations, or fraudulent or dishonest activities.

H. Betr may offer rewards for Player loyalty and participation on the Platforms. Betr reserves the right to alter, amend, or supplement the rewards from time to time in our sole and absolute discretion. Betr reserves the right to substitute any advertised prize with an alternative prize of equivalent value.

A. It is your responsibility to fully understand how to make your fantasy contest selections and the terms of any choices that you make.

B. You will need to deposit money into your Gaming Account and for the funds to be credited to your Gaming Account before you can play a Game or make contest selections (please note that there may be some delay before these processes are completed and your Gaming Account is ready for you to start playing).

C. It is your responsibility to read and familiarize yourself with the House Rules. When you make a contest selection, you agree to the terms of the House Rules. When making a selection, you are responsible for ensuring that all of the details of your selections are correct. Once a selection has been made, you cannot cancel that selection.

D. You can only select up to the lesser of the amount of funds held in your Gaming Account or the limit set by us. Selections will be valid only after we accept such selection. Any selections made in your Gaming Account and accepted by us will be valid even if you have not authorized such selection. We are not liable for the settlement of any selection we have not accepted. After a selection has been accepted by us, you will receive a selection confirmation and the selection will be displayed in your Gaming Account.

E. We reserve the right to cancel and void any contest selections if, in our sole and absolute discretion, there is an error with the selection or with accepting the selection. This includes selections made after the contest closed, where any event was resolved before the selection was taken, where the Player could have an indication of the outcome, where the Player did not have adequate funds in the Gaming Account, or other failures, errors, manipulations, or fraudulent or dishonest activities, including if we have a reasonable suspicion that your identification or Gaming Account has been compromised.

F. In the event of a technological error, interruption of a data flow resulting in a system error, any system failure, or any game error that results in an error in any odds calculation, charges, fees, Bonuses, or payout, or any currency conversion as applicable, we will seek to place all parties directly affected by any such error in the position they were in before the error occurred. We reserve the right to declare null and void any contest selections or choices that were the subject of any such error and to take any money from your Gaming Account relating to the relevant contest fees. We are not, regardless of the cause, responsible for any network connectivity issues or delayed computer transmission issues.

G. We reserve the right, in our sole and absolute discretion, to refuse or cancel, in whole or in part, any contest selection or change contest limits without notice, at any time.

H. We reserve the right, in our sole and absolute discretion, to reject and limit the dollar amount an individual can select in any way.

I. You fully accept and agree that if there is a discrepancy between any results showing in your Gaming Account and our servers, the results showing on our server shall govern. You understand and agree that our records will be the final authority in determining such matters.

A. The data that Betr uses to determine the scores of the Games, Matches, and athlete performance is provided by third-party data providers. While Betr seeks to ensure that all results are accurate, data collection and allocation processes are subject to human, computer, and other technological errors and as such, Betr cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. By signing up for the Services, all Players accept that it is possible for the scoring on the Platforms to be inaccurate.

B. As with any data feed, there will always be a delay between a real-life event and that event showing up in our data feed. Players playing a Game may have more up-to-date information (for example if they are in the stadium where a Match is taking place) or have access to an alternative media source. Players acknowledge that the data feed used in Games/Matches and therefore the scoring for the Games/Matches may vary significantly from scoring or information about the same Game/Match on other media sources or outlets or fantasy contest sites.

C. Points will be allocated and Games decided on the information provided by our third-party data provider at the end of each Game, and no alterations will be made to the points allocated or payouts awarded if the information from the data feed is subsequently corrected or altered, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our third-party data provider or in our calculation of results. We also may make adjustments in the event of noncompliance with these Terms. We have no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments. You agree that the final decision and determination of the winner(s) of any Game shall be subject to the sole discretion of Betr.

D. Betr has established procedures to prevent the sharing of confidential information related to a Game with third parties that could affect the outcome of such Game until the information is made publicly available.

E. In some circumstances where there has been an error made in the scoring of a Game, and that error has come to Betr’s attention during the course of the Game, Betr will take commercially reasonable efforts to correct such scoring during the Game. Betr retains sole and absolute discretion to make corrections or amendments to the scoring or points allocated during a Game at any time before the pot in respect of that Game has been paid out. Unless otherwise determined by Betr, corrections or amendments will not be made to scoring or points allocation for a Game after the pot payout has taken place.

F. For more information regarding the scoring and points allocation system, see the House Rules.

G. It is your responsibility to keep abreast of team changes, adjust your selections for each Game or Match accordingly until the start of such Game or Match, and ensure your selections are based on the official player names and, if applicable, player numbers.

Games offered pursuant to these Terms are designed and intended to be contests of skill. For each Game, Players must use their skill and knowledge of relevant sports and athlete information. The values of all prizes and awards offerings to winning Players in public contests are established and made known in advance of the contest, and each paid fantasy contest requires an entry fee to participate. Such values are not determined by the number of Players or the amount of any entry fees paid by Players. Winners are determined by the criteria stated in the House Rules. Fantasy points are accumulated based upon the statistical performance of individual athletes in Matches. Players are not permitted to choose preselected teams of athletes or select an athlete through automatic draft without controlling the athlete selections.

A. In addition to Real-Money Games, Betr may, at our sole discretion, hold free-entry contests (“Free-Entry Games”), either with or without real-money prizes, or with prizes of value (including promotional prizes) as determined by Betr in conjunction with its partners. For the avoidance of doubt, Free-Entry Games are Games governed by these Terms, except as expressly provided in this Section 19 or the specific rules for the relevant Free-Entry Game. To the extent that these Terms are inconsistent with free entry, these Terms do not apply to Free-Entry Games.

B. The specific rules for each Free-Entry Game may establish the jurisdictions in which a user must be located and of which a user must reside in order to enter such Free-Entry Game. Eligibility for entry into Free-Entry Games will be determined by Betr and can vary depending on the Game, prize, sport, competition, and such other variables as may be determined by Betr from time to time.

C. Without prejudice to the rights of Betr to seek information pursuant to these Terms, Players may be subject to less restrictive requirements under Know Your Customer (KYC) regulations while entering exclusively Free-Entry Games, but all participants in Free-Entry Games will be required, at a minimum, to confirm that they are of the legal age in the territory in which they reside and, as required to be a registered account holder with Betr, at least 21 years of age. Should a Player win a cash prize or (in certain circumstances a prize with value), while playing a Free-Entry Game, they may then be subject to account verification should they wish to withdraw their winnings or exchange a prize for cash (if applicable in any particular case). Failure at this time to provide satisfactory verification will result in forfeiture of winnings and could result in closure of the Player’s Gaming Account.

D. The number of teams a Player will be allowed to enter into Free-Entry Games is at the sole discretion of Betr and may be altered from Game-to-Game at the sole discretion of Betr. Users attempting to bypass these restrictions by using multiple accounts will be automatically disqualified and may have their accounts temporarily or permanently suspended.

A. You warrant, represent, and agree that you will not interrupt, corrupt, or exploit any of the Services for any purpose not intended by us, including, for example, to accomplish any of the following activities (each, a “Prohibited Activity” and, collectively, “Prohibited Activities”):

i. Registering or attempting to register a Gaming Account using another person’s personal data, or attempting to access the Services using another person’s Gaming Account;

ii. Providing your Gaming Account username and password to any other person or entity;

iii. Allowing any other person to access and use your Gaming Account;

iv. Colluding with any other person in an attempt to circumvent compliance with these Terms, the Privacy Policy, the House Rules, or any additional terms, rules, or conditions as they relate to the Services offered by us from time to time;

v. Using your Gaming Account or the Services for any purpose other than personal use;

vi. Engaging in commercial activities, including any attempt to raise money for anyone or advertise or promote a product, service, or website, or build a business using the Services;

vii. Attempting to sell the Services, in whole or in part;

viii. Attempting to gain unauthorized access to any of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services;

ix. Interfering with other Players’ use of the Services;

x. Engaging in contest manipulation or payment fraud;

xi. Abusing, harassing, impersonating, intimidating, or threatening other players or any of our authorized representatives, customer service personnel, moderators, or volunteers (including filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, or refusing to follow the instructions of our employees);

xii. Conducting, or attempting to conduct, fraudulent, unlawful, or unauthorized activity, including unlawful contest activity and payment methods;

xiii. Interfering or tampering with, removing, or otherwise altering in any way, any information in any form or any security feature which is included in or on any of the Services;

xiv. Using or attempting to use any software-assisted methods, techniques, or hardware to participate in or manipulate the Services, or otherwise access the Services by automated means or under false or fraudulent pretenses;

xv. Using any script, robot user, bot, or equivalent mechanism, including any automated computerized software or any other similar or equivalent mechanisms to automatically make contest selections;

xvi. Use any features which may affect the function or performance of the Services in any way, including, for example, through the release of viruses, worms, trojans, or similar material that may be malicious or harmful;

xvii. Selecting all possible outcomes or opposite sides of a Match;

xviii. Abusing or misusing any Bonus offer;

xix. Attacking the Services via a denial-of-service attack or any other form of attack or

interference;

xx. Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including web bugs, cookies or other similar devices;

xxi. Disguising or interfering in any way with the IP address of the device you are using to access the Services or otherwise taking steps to prevent us from correctly identifying the actual IP address of the device you are using while accessing the Services;

xxii. Abusing in any way any online gaming or any Bonus offer or other promotion offered by us;

xxiii. Cheating or any other activity deemed by us to be in conflict with the spirit or intent of the Services;

xxiv. Modifying, adapting, translating, or reverse engineering any portion of the Services;

xxv. Using or attempting to use the Services in any way that violates federal, State, local, or international law or regulations; or

xxvi. Engaging in, promoting, or encouraging illegal activity, or activity that violates any third-party rights.

B. We may monitor or review your Gaming Account for Prohibited Activities or suspicious gaming transactions, including unusual frequency or patterns; use of non-public information; automated contest selections; use of third-party scripts or scripting programs, influence of events; multiple accounts; third-party usage of your Gaming Account; contest selections made in concert with others; use of masking devices; proxy servers; or other technology to hide location or misrepresent identity; use of software programs that submit entry fees or adjust selections; and any other activity we reasonably believe is suspicious (each activity, a “Suspicious Gaming Activity”). We reserve the right to investigate any such activity and suspend your Gaming Account, including any withdrawals, and cancel any of your contest selections during such investigation. We reserve the right to withhold any funds in your Gaming Account and seek to recover from you any losses suffered by us that are in any way connected to Suspicious Gaming Activity.

C. We reserve the right to suspend or close your Gaming Account, void any or all contest selections, and take any other measures we deem reasonably appropriate if we believe you have or have attempted to conduct a Prohibited Activity or Suspicious Gaming Activity, defrauded us, violated these Terms, or otherwise engaged in or attempted to engage in any other illegal or dishonest activity in connection with your access or use of the Services. We are also obligated to refer the matter to the proper law enforcement or regulatory authorities if we reasonably believe you are engaged in illegal or fraudulent activity while using the Services.

By signing up for a Gaming Account or communicating with us electronically, such as via e-mail, you hereby consent to receive communications from us or our affiliates via e-mail, telephone or mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

A. At our discretion, the Services may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We may also display and make accessible promotions, advertisements, and offers provided by third parties (“Third-Party Promotions”). You acknowledge that we are not responsible or liable for the content of linked third-party websites or Third-Party Promotions, and that we do not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or Third-Party Promotions. If you decide to access any linked third-party websites, you do so at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party website or resource. You agree that your sole remedy in connection with any Third-Party Promotion or third-party website will be with the third party offering the Third-Party Promotion or third-party website, and that you will have no remedy against Betr arising from your participation in, or inability to participate in, any Third-Party Promotion or third-party website.

B. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms and conditions and privacy policies of those platforms and related services. We have no control over such social media platforms or related services.

C. For certain of the Services, it may be necessary to download or otherwise use certain software, including software provided by third parties. In such circumstances, you may be required to enter into an end user license agreement (“EULA”) in respect of such software. You agree to be bound by the terms of any such EULA. You also agree not to interfere with, modify, decompile, copy, or reverse engineer any software provided to you as part of the Services except as expressly permitted herein, in the applicable EULA, or by law.

A. The Services contain a variety of materials, including: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Betr, Betr Picks, and Betr Picks Group Play; and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).

B. The Services (including past, present, and future versions of the Services and the Content therein) are owned or controlled by Betr or our licensors and certain other third parties. All right, title, and interest in and to the Services (including the Content therein) are the property of Betr or our licensors or certain other third parties and is protected by United States of America and international copyright, trademark, patent, or other intellectual property rights to the fullest extent possible. We reserve all rights in and to the Services (including, the Content therein) not expressly granted to you under these Terms. You acknowledge that you do not acquire any right, title, or interest in any of the Services (including, the Content therein) as a result of using our Services, including downloading material from or uploading material to the Services. Nothing contained on the Platforms will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Services without our express written permission.

C. Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable permission to download (temporary storage only), display, view, use, play, or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone, or other wireless device, or other Internet-enabled device for your personal, non-commercial use only, and solely for purposes of using the Services. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. You may not distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without our express written permission. Further, unless expressly stated herein, you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, create derivative works, or otherwise exploit any of the Content (or intellectual property rights therein), whatsoever without the express written permission of the respective owners.

D. As between you and us, the software used to operate the Services (the “Software”) is owned by us and will remain our property. You will only use the Software in accordance with these Terms. If you become aware that the Software is being used in any manner not authorized by these Terms, you will immediately notify us. You will not: (i) reverse engineer or decompile (whether in whole or in part) the Software; (ii) make copies, modify, reproduce, publish, transmit, alter, or distribute the Software or all or any part of the Services or any material or information contained on the Services; (iii) use the Software for any unlawful purposes; (iv) use the Software in a manner that constitutes a violation or infringement of the rights of any third party (including intellectual property rights); or (v) use the Software to cause harm or damage to the computer systems, network, or equipment of any third party. For the avoidance of doubt, provision of the Software is deemed part of the Services.

E. From time to time, we may issue and make available to you upgraded versions of the Software. All such upgrades shall be deemed to be Software for the purposes of these Terms. If you have downloaded our Apps, you agree to promptly download and install any new version that we make available. Some new versions may contain updated Terms, security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the Apps may in some cases expose you to increased security risks or service malfunctions.

F. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with the use of the Services shall be our exclusive property. You agree that unless otherwise prohibited by law, we may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you.

A. Certain of the Services may invite or permit you to upload your own content or communicate content or materials through the Services (such content, “User-Generated Content”). We do not pre-screen or exercise editorial control over, and therefore do not endorse any, User-Generated Content, and we will not be liable in relation to such User-Generated Content. You understand and agree that you are solely responsible for your User-Generated Content.

B. Once you post or communicate any User-Generated Content through the Services, you expressly, and hereby do, grant:

i. To Betr, our parents, subsidiaries, affiliates, and partners: a non-exclusive, worldwide, royalty-free, fully sublicensable, transferable, and irrevocable license to quote, re-post, use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, display, distribute, transmit, and broadcast such User-Generated Content in any form and for any purpose (including commercial purposes), with or without attribution to you, and without any notice or compensation to you of any kind. You agree that we may also use the name, likeness, voice, or image contained in such User-Generated Content as we see fit, including for commercial purposes, and you represent and warrant that you have the right to grant us permission to use any such name, voice, likeness, or image of such individual appearing in the User-Generated Content throughout the world in perpetuity. In addition, you waive any right to inspect or approve the finished product, including written copy, where the likeness or testimonial appears.

ii. To each other Player: a limited, non-exclusive, worldwide, royalty-free, non-sublicensable, non-transferable, and irrevocable permission to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such User-Generated Content in any form and for any non-commercial purpose, with or without attribution to you, and without any notice or compensation to you of any kind.

C. You hereby waive any so-called “moral rights” you may have in your User-Generated Content.

D. For any User-Generated Content you provide, you hereby warrant, represent, and agree that such User-Generated Content:

i. Does not violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), and that you have all rights necessary to grant the license and permission in Section 24.B. to Betr and each other Player, respectively;

ii. Does not contain any defamatory, libelous, obscene, or otherwise inappropriate or objectional materials or statements;

iii. Does not contain material or statements that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred, or contain blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abuse, or vulgarity;

iv. Does not contain any form of malicious computer code (e.g., viruses, bugs, trojan horses, etc.) which could disable or disrupt any of the Services;

v. Complies with all applicable laws and regulations; and

vi. May be used in connection with publicizing and promoting Betr and the Services.

E. You acknowledge and agree that any User-Generated Content you submit when using the Services, including reviews and your communications with other users via online messaging, private messaging, forums, or bulletin boards, and any other similar types of communications and submissions on or through the Services, are non-confidential, public communications, and you have no expectation of privacy concerning your provision or use of User-Generated Content.

F. We reserve the right (but are not obliged to), in our sole discretion, to edit or remove User-Generated Content, with or without notice and for any reason. You hereby agree that, to the maximum extent permitted by applicable law, we will at no time be responsible or held liable for the removal, modification, or blocking of, or other damage to or loss of, any User-Generated Content. The views expressed in User-Generated Content are the views of the individual that provided such User-Generated Content, and not those of Betr.

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, please provide the following information to the DMCA Agent identified below:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B. A description of the copyrighted work that you claim has been infringed upon;

C. A description of where the material that you claim is infringing is located within the Services;

D. Information reasonably sufficient to permit Betr to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

E. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Claims of copyright infringement that include the information above should be submitted via postal mail or e-mail to us as follows:

Betr Holdings, Inc.

290 NE 68th Street

Miami, FL 33138

305-605-2387

[email protected]

You agree to indemnify, defend (at our option), and hold Betr and our parent companies, subsidiaries, affiliates, and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Betr Parties”) harmless from and against any and all damages, losses, liabilities, costs (including reasonable attorneys’ fees and court costs), judgments, fines, settlement, penalties, and expenses (collectively, “Losses”) suffered or incurred in connection with any claims, actions, lawsuits, proceedings, investigations, or demands, including, personal injury, death, or damage to or loss of property, whether first party in nature or brought by a third party (collectively, “Claims”), that directly or indirectly arise from or in any way relate to: (i) your use of the Services and your activities in connection with the Services (including, any actions taken with respect to a linked third-party website or Third-Party Promotion); (ii) any information you submit to us, including, any User-Generated Content; (iii) your breach, alleged breach, or anticipatory breach of these Terms; (iv) your violation of any applicable laws or regulations in connection with your use of the Services; (v) information or material transmitted through your device or Gaming Account, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) injuries to persons and property which may be sustained in connection with (a) participation in any contest transactions; (b) the receipt, ownership, use, or misuse of any winnings or while preparing for, participating in or traveling to or from any Services-related activity; and (c) publicity rights, defamation, or invasion of privacy. You will cooperate as fully required by us in the defense of any Claims. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all Claims. We reserve the right to assume the exclusive defense and control of any Claims. You will not settle any Claims without the prior written consent of Betr. We may, in our sole and absolute discretion, require any winner to execute a separate release of claims similar to any of the Claims listed in this Section 26 as a condition of being awarded any contest prize or receiving any pay-out.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS BASIS”, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE BETR PARTIES HEREBY DISCLAIM AND MAKE NO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (INCLUDING, FOR CLARITY, THE PLATFORMS, SOFTWARE, CONTENT, AND ANY GAME), INCLUDING, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, ACCURACY, OR RELIABILITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE BETR PARTIES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (III) DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE; (IV) THE SERVICES (INCLUDING FOR CLARITY, ANY CONTENT OR FEATURES) MADE AVAILABLE ON OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICES WILL BE SECURE; (VI) ANY DEFECTS OR ERRORS ON THE SERVICES WILL BE REPAIRED OR CORRECTED; OR (VII) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THERE MAY BE TIMES WHEN OUR SERVICES MAY BE PARTIALLY OR WHOLLY UNAVAILABLE FOR TECHNICAL OR MAINTENANCE REASONS, OR FOR OTHER REASONS BEYOND OUR CONTROL, WHETHER SCHEDULED OR UNSCHEDULED. WHILE WE USE REASONABLE EFFORTS TO KEEP SERVICES ACCESSIBLE, WE ACCEPT NO LIABILITY FOR LOSSES WHICH ARE ALLEGED OR DEEMED TO HAVE ARISEN IN CONNECTION WITH ANY MALFUNCTION, LOSS OF CONNECTION, OR ANY OTHER CIRCUMSTANCE IN WHICH THE SERVICES WERE UNAVAILABLE FOR ANY AMOUNT OF TIME, WHETHER ON A SCHEDULED OR UNSCHEDULED BASIS. FOR THE AVOIDANCE OF DOUBT, INTERRUPTIONS IN THE SERVICES THAT ARE BEYOND OUR CONTROL SHALL NOT IN ANY WAY OR MANNER SERVE AS A BASIS TO DEMAND A FULL OR PARTIAL REFUND OF ANY ENTRIES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

YOU HEREBY ACCEPT THAT BY USING THE SERVICES, THERE IS A RISK THAT YOU MAY, AS WELL AS WINNING MONEY, LOSE MONEY. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE BETR PARTIES ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT ARE ALLEGED TO HAVE OCCURRED THROUGH YOUR USE, OR MISUSE, OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THE BETR PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ENHANCED, PUNITIVE, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE, OR ANY OTHER INTANGIBLE LOSS, EVEN IF THE BETR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ONE OR MORE OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF THE BETR PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS), WILL AT ALL TIMES BE LIMITED, IN THE AGGREGATE, TO (I) WHERE SUCH LIABILITY RELATES TO A SPECIFIC FANTASY CONTEST SELECTION, THE VALUE OF SUCH CONTEST FEES PAID BY YOU; OR (II) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000).

THE BETR PARTIES ARE NOT LIABLE FOR THE FAILURE OF ANY EQUIPMENT OR SOFTWARE, WHEREVER LOCATED OR ADMINISTERED, OR WHETHER UNDER OUR DIRECT CONTROL OR NOT, THAT MAY PREVENT THE OPERATION OF OUR SERVICES, IMPEDE THE PLACING OF ORDERS FOR CONTEST SELECTIONS OR THE ACCEPTANCE OF CONTEST SELECTIONS, OR PREVENT YOU FROM BEING ABLE TO CONTACT US. THE BETR PARTIES WILL NOT BE LIABLE FOR ANY LOSS OF CONTENT OR MATERIAL UPLOADED OR TRANSMITTED THROUGH THE SERVICES AND YOU CONFIRM THAT THE BETR PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, OR SUSPENSION OR DISCONTINUANCE OF, THE SERVICES. BETR RESERVES THE RIGHT TO CANCEL OR SUSPEND THE SERVICES WITHOUT INCURRING ANY LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF OUR ACTS OR OMISSIONS OR YOUR USE OF THE SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

THE BETR PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT YOU MAY SUFFER BECAUSE OF ANY ACT OF GOD; POWER FAILURE; TRADE OR LABOR DISPUTE; ACT, FAILURE OR OMISSION OF ANY GOVERNMENT OR AUTHORITY; OBSTRUCTION OR FAILURE OF TELECOMMUNICATION SERVICES OR NETWORKS; OR ANY OTHER ACT, OMISSION, DELAY, OR FAILURE CAUSED BY A THIRD PARTY OR OTHERWISE OUTSIDE OF OUR CONTROL.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Betr Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services or any component thereof).

PLEASE READ THIS SECTION CAREFULLY, BECAUSE IT REQUIRES ARBITRATION OF CERTAIN DISPUTES WITH BETR AND IT LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM BETR UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. THIS SECTION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION AGAINST BETR, INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). THIS SECTION 29 ALSO WAIVES YOUR RIGHT TO A TRIAL BY JURY.

A. Initial Dispute Resolution. Any claim or dispute arising from the Services, past or present, must be first directed to us by contacting our Customer Support Team via email at [email protected]. We will make reasonable efforts to respond initially to any complaint or dispute within forty-eight (48) hours and, in any event, in no later than ten (10) business days. We will offer an explanation if we do not agree with your complaint, inquiry, or dispute. We will notify you of any dispute via email using the contact information that Betr has on file for your Gaming Account. The Parties shall use commercially reasonable efforts through this process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations for a period of sixty (60) days, which shall be a condition to either Party initiating a lawsuit or arbitration. Any applicable statute of limitations shall be tolled for this sixty (60) day period.

B. We will make arrangements so that any unresolved disputes that involve the settlement of contest fees be referred to any appropriate authority in your jurisdiction.

C. Choice of Law and Venue. The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions of these Terms. All other aspects of these Terms and all aspects of the Services shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws provisions, regardless of your location. With respect to any disputes or claims not subject to arbitration or within the jurisdiction of small claims court (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the State and federal courts located in Miami-Dade County, Florida, and you hereby consent to, and waive any and all jurisdictional and venue defenses otherwise available.

D. Binding Arbitration; No Class Action Matters; Waiver of Jury Trial. If the Parties do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution begins under the Initial Dispute Resolution provision set forth above, then either Party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. A demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the mandatory Initial Dispute Resolution process in Section 29.A and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

Except for the exceptions stated below, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Betr (including, for purpose of this Section 29, our affiliates) or your use of the Services, whether based in contract, tort, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator, instead of in a court by a judge or jury and YOU HEREBY AGREE THAT BETR AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. To the fullest extent permitted by applicable law, you agree that class arbitrations and class actions are not permitted, and YOU ARE EXPRESSLY AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Except as otherwise may be required by the American Arbitration Association (“AAA”) Consumer Arbitration Rules or applicable State law or regulation, the arbitration will be commenced and held in the county of Miami-Dade, Florida, and shall be administered by the AAA under its Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org. The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

The arbitrator rules on all issues except that a court has exclusive authority: (i) to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to decide whether the Parties have complied with the Initial Dispute Resolution process; (iii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this Section 29.

The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision shall follow these Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The arbitrator may consider but will not be bound by rulings in other arbitrations where you and the Betr were not both parties.

You agree that, regardless of any law to the contrary, the arbitrator shall have no authority to award punitive, exemplary, or enhanced damages. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal or State agencies and, if the law allows, they can seek relief against us for you.

The Parties shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

E. The Parties agree that the following claims are not subject to the above provisions concerning initial dispute resolution and binding arbitration: (a) any claim that falls within the jurisdictional scope and limits of the small claims court in Miami-Dade County, Florida or where you reside that is brought in that small claims court on an individual basis and is not removed or appealed to a court of general jurisdiction; (b) any claim for our equitable relief; and (c) any claim seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights.

F. 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Betr Holdings, Inc., 290 NE 68th Street, Miami, FL 33138. The notice must state your full legal name, your e-mail address (if applicable, the email address associated with any registration for the Services), and a statement that you wish to opt out of the arbitration and class action waiver provisions. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Betr also will not be bound by them. If you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.

G. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT ANY CLAIM OR CAUSE OF ACTION AGAINST THE OTHER ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES OR THE TERMS, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE -- OR IT WILL BE FOREVER BARRED.

H. Waiver of Class Relief. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND BETR WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OTHER REPRESENTATIVE ACTION, OR ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE

ATTORNEY GENERAL CAPACITY).

I. Injunctive Relief. Notwithstanding anything to the contrary in these Terms, we may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets.

J. Third-Party Beneficiaries. The Parties agree that any present or future parent, subsidiary, or affiliated company of Betr is an intended third-party beneficiary of this Section 29, including but not limited to the arbitration agreement and class-action waiver, and such third-party beneficiaries may enforce this Section 29 with respect to any claims asserted by you against such third-party beneficiaries to the extent that any such claim arises from or relates to the Services or these Terms.

K. Additional Terms for Our California Consumers. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.

A. Severability. If any part of these Terms is deemed unlawful, invalid, void, or for any reason unenforceable, then that part shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of the remaining provisions. In the case of the severance of any terms, the part deemed invalid, void, or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms.

B. Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision and shall not relieve you from compliance with such obligations.

C. No Third-Party Beneficiaries. Unless otherwise expressly stated, nothing in these Terms shall create or confer any rights or remedies on any persons not party to these Terms.

D. Assignment. You may not assign, sublicense, or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms without our prior written consent. On occasion, we may require the ability to transfer, assign, or sublicense these Terms to a third party, for example (but without limitation) in the case of our engaging new third-party service providers or in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign, or sublicense these Terms, in whole or in part, to any person without requiring any additional consent and without notice.

E. Entire Agreement. These Terms contain the entire understanding of the Parties with respect to the matters contained herein and supersede and replace in its entirety any and all prior communications and contemporaneous agreements and understandings between the Parties, whether oral, written, electronic, or implied, and cannot be changed or modified by you except as posted on the Services by us. We each acknowledge that we have not relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms.

F. Headings; Interpretation. The section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Betr by virtue of having drafted them. For purposes of these Terms, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive (e.g., for a list of two alternatives, “or” means either of those alternatives or both alternatives); (iii) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (iv) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms to a statute means such statute as amended from time to time and includes any successor legislation and any regulations created.

G. Investigations. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Services’ security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; and (v) prosecute violators of these Terms. You acknowledge and agree that Betr may be bound (and will be entitled) to disclose, and may disclose, certain information about you and your Gaming Account to comply with court orders, subpoenas, applicable law, and regulations.

H. Taxes. It is the sole responsibility of the Player to report winnings and losses to the tax or other authorities of the relevant jurisdiction.

I. Relationship Between Parties. Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and us.

J. Force Majeure. Betr will not be deemed in default, breach, or otherwise liable to you under these Terms for any loss or damage that you may suffer due to our inability to perform our obligations by reason of any act of God, fire, earthquake, blizzard, flood, hurricane, epidemic, pandemic, danger to public health or safety (whether or not officially declared by a government authority), accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, law, ordinance, regulation, legal order (unless caused by Betr’s default or breach hereunder), failure or delay of any transportation, power, or communications system, or any other act, omission, delay, or failure, not under Betr’s control. For the sake of clarity, if any of these circumstances arise, Betr’s performance obligations, if any, shall be delayed until such time as performance becomes reasonably practicable.

K. Notices. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent, whether actually received or not.

L. Termination; Survival. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

If you are accessing or using any Apps through a device manufactured or sold by Apple, Inc. (“Apple”, with such a device herein referenced as an “Apple Device”):

A. The license granted to you in Section 23 of these Terms is subject to the permitted usage rules set forth in the Apple Media Services Terms and Conditions (see: https://www.apple.com/legal/itunes/us/terms.html) and any third-party terms applicable to the Apps.

B. To the extent that you are accessing an App through an Apple Device, you acknowledge that these Terms are entered into between you and Betr, and that Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below.

C. You acknowledge that Betr, and not Apple, is responsible for providing the Apps and Content thereof.

D. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Apps.

E. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps.

F. Notwithstanding anything to the contrary herein, and subject to the these Terms, you acknowledge that, solely as between Apple and Betr, Betr, and not Apple, is responsible for addressing any claims you may have relating to the Apps, or your possession or use thereof, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

G. Further, you agree that if an App, or your possession and use of an App, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

H. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

I. When using an App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App.

J. You represent and warrant that: (i) you are not located in a country 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you are accessing or using one of our Apps through a device manufactured or sold by Google (“Google”, with such a device herein referenced as an “Google Device”):

A. To the extent that you are accessing an App through a Google Device, you acknowledge that these Terms are entered into between you and Betr, and that Google is not a party to these Terms other than as a third-party beneficiary as contemplated below.

B. You acknowledge that Betr, and not Google, is responsible for providing the Apps and Content thereof.

C. You acknowledge that Google has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Apps.

D. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Apps.

E. Notwithstanding anything to the contrary herein, and subject to these Terms, you acknowledge that, solely as between Google and Betr, Betr, and not Google, is responsible for addressing any claims you may have relating to the Apps, or your possession or use thereof, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

F. Further, you agree that if an App, or your possession and use of an App, infringes on a third party’s intellectual property rights, you will not hold Google responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

G. You acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

H. When using an App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App.

I. You represent and warrant that: (i) you are not located in a country 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.