Terms of Service

1. Definitions
2. Acceptance; changes to these Terms
3. Eligibility and location
4. Registration, identity verification and one account per person
5. Account security: your responsibilities and ours
6. What PickEngine is and is not
7. Picks, confidence scores, grading and corrections
8. Connected accounts and automated betting
9. Plans, trials, renewals and cancellation
10. Payments, pricing, taxes and refunds
11. Chargebacks and payment disputes
12. Credits, bonus picks, promo codes and promotion abuse
13. Fraud, collusion, multi-accounting and enforcement
14. Errors, mistaken credits and clawback
15. Rewards, referrals and the affiliate program
16. Community features, your content and copyright
17. Prohibited conduct
18. Communications, texts and electronic records
19. Third-party operators, data providers and links
20. Our intellectual property and your licence
21. Availability, updates, beta features and discontinuation
22. Responsible gaming and self-exclusion
23. Complaints and how we resolve them
24. Disclaimers of warranties
25. Limitation of liability
26. Indemnification
27. Dispute resolution: arbitration and class action waiver
28. Time limit on claims
29. Termination and survival
30. General provisions
31. Contact

1. Definitions

• "PickEngine", "we", "us", "our": the operator of the Service, its owners, officers, employees, contractors and successors.
• "Service": pickengine.ai, the member portal, our mobile applications, our support chat and every page, feed, feature, model, communication and content we provide.
• "Member", "you": any person who visits the Service or holds an Account.
• "Account": your registered PickEngine membership, including its plan, credits, picks and profile.
• "Pick": our published opinion on one market in one sporting event, including the side we favour and any confidence score, line or odds shown with it.
• "Credit": a unit that unlocks one Pick, whether granted by a plan, bought as a top-up, or earned as a bonus.
• "Operator": any third-party sportsbook, exchange, fantasy site or other venue where wagers, orders or entries are placed, including an exchange you connect under Section 8.
• "Connected Account": an account you hold with an Operator that you have authorised the Service to read from or act on.
• "Content": text, images, data, models, software, designs, trademarks and everything else that appears on or powers the Service.
• "Your Content": anything you post, upload, send or make available through the Service.

2. Acceptance; changes to these Terms

By visiting the Service, creating an Account, buying a plan, unlocking a Pick or using any feature, you agree to these Terms, our Privacy Policy and our Responsible Gaming policy, which are incorporated here. If you do not agree, do not use the Service. If you use the Service for a business, you confirm you have authority to bind that business.

We may change these Terms at any time. We will post the revised Terms with a new effective date and version number. For material changes we will also notify Members by email to the address on the Account or by a notice in the Service at least 14 days before the change takes effect, except where a change is required by law or to address a security or legal risk, in which case it may take effect at once. Your continued use after the effective date is acceptance. If you do not accept a change, you must stop using the Service and may cancel under Section 9; that is your only remedy.

3. Eligibility and location

• You must be at least 18 years old and have reached the age of majority where you live. Where you take part in any activity with an Operator, you must meet that Operator's age and location rules, which in most United States jurisdictions require you to be 21 or older and physically located in a permitted state.
• You must be able to form a binding contract and must not be prohibited from using the Service by any law that applies to you, any court order, or any self-exclusion you have entered into with us or an Operator.
• The Service is offered to residents of the United States. We make no claim that it is appropriate or lawful elsewhere; if you use it from outside the United States you do so on your own initiative and are responsible for local law.
• You may not use the Service if you are on a United States government sanctions or restricted-party list or are located in a country or region subject to comprehensive United States sanctions.
• Our employees, contractors, and their household members may hold Accounts for internal use but may not take part in rewards, referral or affiliate programs.

4. Registration, identity verification and one account per person

• You must register with accurate, complete and current information, including your real name, a working email address and a true date of birth, and keep it updated.
• One Account per person. You may not create or control more than one Account, create an Account for anyone else, share, lend, rent, sell or transfer an Account, or use an Account that someone else created. Each Account is personal to the registered individual.
• Verification. We may at any time, including before paying any reward or affiliate commission, require you to verify your identity, age, address, payment method or eligibility by providing government-issued photo identification, proof of address, a selfie, a signed affidavit or other documents, and we may use third-party verification services. We may suspend any Account, withhold any credit, reward or payout, and decline any transaction until verification is complete to our satisfaction. We may refuse to verify or to open an Account for any lawful reason.
• Accounts registered with false information, or that we reasonably believe are duplicates, are subject to immediate closure and forfeiture under Section 13.

5. Account security: your responsibilities and ours

What we do

• All traffic between your device and the Service is encrypted in transit using TLS. Passwords are stored only as salted one-way hashes; we cannot read them. Credentials for Connected Accounts are stored encrypted at rest and are never shown back in full.
• Your Account can be signed in on one device at a time; a new sign-in signs the earlier device out, so a shared or stolen session does not stay open.
• Staff access to Member data is limited to what each role needs and every staff sign-in and page view is logged.
• We take encrypted daily backups, monitor for abuse, and will tell you and the authorities as the law requires if we learn of a breach affecting your information (see the Privacy Policy).

What you must do

• Choose a strong password you do not use anywhere else, keep it secret, and change it at once if you suspect it is known to anyone.
• Keep your email account secure, because it is used to reach you and to reset your password.
• Do not sign in on shared or untrusted devices, and sign out when you finish.
• Tell us immediately at support@pickengine.ai if you believe your Account, password or Connected Account has been accessed without your permission.
• Never give your password, verification codes or Connected Account keys to anyone claiming to be from PickEngine. We will never ask for them.

Allocation of responsibility

You are responsible for all activity that occurs under your Account, whether or not you authorised it, until you notify us and we have had a reasonable time to act, except to the extent the activity results from our failure to maintain the safeguards described above. We are not responsible for loss caused by your failure to keep your credentials secret, by malware or compromise on your device, by phishing, by SIM-swap or email-account takeover, or by a third party you gave access to. No method of transmission or storage is completely secure, and we do not guarantee that unauthorised access will never occur.

6. What PickEngine is and is not

7. Picks, confidence scores, grading and corrections

• What a Pick is. A Pick states the side we favour on a market, such as a spread, money line, total or player statistical line. A confidence score is our model's own measure of how strongly it leans that way on a bounded scale. A confidence score is not a probability that the Pick will win, is not a guarantee, and is not a promise of any result.
• Lines and odds. Lines and odds shown with a Pick are drawn from public market data at the time of publication or unlock. They are informational, may be delayed, may differ from what any Operator offers you, and may change without notice. We do not warrant their accuracy.
• Unlocking is final. Unlocking a Pick spends a Credit and reveals information. Once revealed, a Pick cannot be returned, exchanged, re-locked or refunded, whether or not it wins, whether or not you use it, and whether or not the line later moves.
• Grading. We grade Picks against official league statistics after an event is final, for your records only. We may use third-party data feeds that are unofficial, delayed or incomplete. We may re-grade a Pick if official statistics are corrected, and we may void a Pick where an event is postponed beyond its scheduled day, cancelled, abandoned, played under materially changed conditions, or where a player does not take part. Grading creates no payment, credit, liability or claim against us, and a graded result is not a representation about any wager you placed.
• Disputes about grading. If you believe a Pick was graded wrongly, write to us within 14 days of the event with the Pick and the official source you rely on. Our determination, made in good faith against official statistics, is final.
• No duplication. Each market can be unlocked once per Account. Credits are not spent on a Pick you already hold.

8. Connected accounts and automated betting

Where the Service lets you connect an account you hold with an Operator so that the Service can read balances, positions and results and, if you enable it, place orders for you according to rules you set (the "bettor"), the following applies in addition to everything else in these Terms.

8.1 Your authorisation and your Operator relationship

• You connect an Operator account by providing credentials or keys that the Operator issued to you. By doing so you confirm that the account is yours, that you are permitted to use it and to grant third-party access to it under the Operator's terms, and that you authorise us to use those credentials only for the purposes you enable in the Service.
• Your relationship with the Operator, including its terms of service, know-your-customer and age checks, state restrictions, fees, limits, settlement rules, tax reporting, disputes and account closures, is between you and the Operator. We are not a party to it and cannot act on your behalf in any dispute with the Operator.
• You must keep your Operator account in good standing and comply with the Operator's rules on automation and API use. If the Operator restricts or closes your account because of your use of the Service, that is your responsibility.

8.2 How we protect your connection

• Credentials and API keys for Connected Accounts are stored encrypted at rest, are transmitted only over TLS, are never displayed back in full, and are used only to perform the actions you have enabled.
• Automated order placement runs only while (a) the Service's master switch is on, (b) your Account's bettor is switched on, and (c) the limits that follow from the risk level you choose (each night's stop loss and the most at risk, both set from your bankroll, the maximum on a single bet or game, and the drawdown stop) allow it. You can switch the bettor off at any time, and you can revoke our access at any time by removing the connection in the Service and by revoking the key at the Operator. Revoking at the Operator is the only way to be certain access has ended.
• We log every order the Service places for you, with its time, price and reason, and show them to you in the Service.

8.3 What we are responsible for

• Keeping stored credentials encrypted and using them only as you have authorised.
• Running the bettor according to the rules and limits shown in the Service, with reasonable care, and recording what it does.
• Stopping new orders when you switch the bettor off, when a limit you set is reached, or when you revoke access, within the checking interval shown in the Service.

8.4 What we are not responsible for

• Losses. Every order placed through a Connected Account is placed in your name, with your money, at your risk, under rules you chose. You may lose some or all of the money in a Connected Account. We do not guarantee that any order, strategy, challenge, pace, stop loss, trailing stop or other control will make or protect money, and the limits you set are instructions to the bettor, not guarantees of outcome: a market can move past a stop before it can be acted on.
• The Operator. We are not responsible for the Operator's availability, speed, pricing, fees, liquidity, order rejection, partial fills, slippage, settlement, voiding, limits, account restrictions, closures, insolvency, data errors or breaches of the Operator's own systems.
• Delays and outages. The bettor acts on a schedule and depends on networks, data feeds and the Operator's systems. We are not responsible for loss caused by delay, outage, maintenance, a feed error, a stale price, a missed check, or a force majeure event (Section 30).
• Your settings and conduct. We are not responsible for loss caused by the rules, amounts or limits you chose, by your failure to switch the bettor off, by orders you placed yourself in the same account, by a compromised device or email account, or by credentials you shared with others.
• Tax and legal. You are responsible for the legality of your activity with any Operator where you are, for any tax arising from it, and for any reporting it requires.

8.5 Our right to pause or disconnect

We may pause the bettor for all Members or for your Account, or disconnect a Connected Account, at any time and without notice if we believe it necessary for security, legal, regulatory, risk-management or operational reasons, including an Operator rule change, a suspected compromise, a cooling-off or self-exclusion request, or unusual activity. We will try to tell you when we do. Pausing stops new orders; open positions remain yours to manage with the Operator.

8.6 Beta

Connected-account features are offered as a beta to Members on eligible plans. Beta features may change, be limited or be withdrawn at any time, may contain errors, and are provided without any warranty beyond those we cannot exclude by law. By enabling a beta feature you accept these additional risks.

9. Plans, trials, renewals and cancellation

• Plans. Paid plans are sold as monthly subscriptions at the price shown on the Subscription page when you buy or change. Every paid plan currently includes unlimited Picks (Elite ($97/month)); the features of each plan are as described there at that time, and we may change features and prices for future periods with notice under Section 2.
• Automatic renewal. Your plan renews automatically every month and your payment method is charged the then-current price until you cancel. By subscribing you authorise us and our payment processor to charge each renewal, and any upgrade or top-up you choose, without further approval.
• Free trial. New Members may receive a free trial of 3 days with full access to a plan's features. A valid payment method is required to start the trial. If you do not cancel before the trial ends, the plan you selected begins and is charged automatically. One trial per person; a trial started on a second Account is void.
• Upgrades and downgrades. An upgrade takes effect at once and may be charged immediately, pro-rated where the Service says so. A downgrade takes effect at the next renewal; you keep your current plan until then.
• Cancellation. You may cancel at any time from Subscription or Settings, or by writing to support. Cancellation stops future renewals. You keep access to paid features until the end of the period already paid for. We do not pro-rate or refund the remainder of a period on cancellation.
• Price changes. We may change plan prices for future renewals with at least 30 days' notice by email. Continuing past the effective date is acceptance of the new price.

10. Payments, pricing, taxes and refunds

• Payment methods. We accept the payment methods shown at checkout through a third-party payment processor under its own terms. You confirm you are authorised to use any payment method you provide and that the billing information is accurate. We never store full card numbers.
• Currency. All prices are in United States dollars. Your bank may apply conversion or foreign-transaction fees, which are your responsibility.
• Taxes. Prices exclude sales, use, VAT, GST and similar taxes unless stated. Where we must collect tax it will be shown before you pay. You are responsible for any tax on winnings, rewards, commissions or other amounts you receive, and for any reporting the law requires of you.
• Failed payments. If a charge fails we may retry it over the following days, suspend paid features until it succeeds, move your Account to the free plan, and recover any amount owed. You remain liable for amounts due for service already provided.
• Refund policy. Subscription fees, top-ups and unlocked Picks are non-refundable, except (a) where the law of your jurisdiction grants a right that cannot be waived, (b) where we charged you in error, or (c) where we close your Account without cause before the end of a paid period, in which case we refund the unused portion. To request a refund for an error, contact support within 30 days of the charge with the transaction details. Approved refunds are made to the original payment method and may take several business days to appear.
• Promotional pricing. Discounts, promo codes and introductory prices apply only for the period and under the conditions stated, after which the standard price applies.

11. Chargebacks and payment disputes

12. Credits, bonus picks, promo codes and promotion abuse

• Weekly Credits are granted at the start of each credit week (Tuesday to Monday, United States Eastern time) according to your plan while it is paid and in good standing. Unused weekly Credits expire at the end of the week and do not roll over.
• Top-up Credits bought separately remain until used or until your Account is closed.
• Bonus Credits earned through rewards or promotions may carry an expiry stated when granted (and expire 90 days after grant if none is stated), may be limited to certain markets, and are used after weekly and top-up Credits.
• No cash value. Credits of every kind have no monetary value, are not property, cannot be withdrawn, exchanged, transferred, sold or inherited, and are forfeited when an Account closes for any reason.
• Promo codes are subject to the conditions stated with the code, including who may use it, how many times, by when and with which plans. Codes may be withdrawn or changed at any time, are not combinable unless we say so, and are void where prohibited.
• Promotion abuse. Using a promotion in a way it was not intended, including through multiple Accounts, fake or self-referrals, automated sign-ups, bonus "farming", misrepresenting eligibility, or exploiting an error, is a breach. We may cancel the promotion, reverse any Credit, reward or commission it produced, charge the standard price for anything obtained at a discount, and close the Account.

13. Fraud, collusion, multi-accounting and enforcement

We take fraud seriously because it harms every honest Member. The following are prohibited and will be treated as material breaches:

• creating or controlling multiple Accounts, or acting in concert with others to do so;
• using a stolen, unauthorised or fraudulent payment method, or a payment method you are not authorised to use;
• providing false identity, age, location or payment information, or using a VPN, proxy, emulator or other means to misrepresent your location or device;
• colluding with other Members, staff or insiders, or using non-public information, to obtain Credits, rewards, commissions or any advantage not available to Members generally;
• manipulating rewards, reviews, referrals, follows, likes or any community feature through fake accounts, bots, incentives or deception;
• attempting to obtain Picks without spending the required Credit, or redistributing Picks to non-Members;
• exploiting any bug, error, glitch or unintended behaviour of the Service rather than reporting it.

What we may do. If we reasonably suspect any of the above, we may, without notice and at our sole discretion: investigate, including by reviewing sign-ins, devices, IP addresses, payment data and public records; suspend or restrict your Account and any linked Accounts; withhold or require verification before releasing any reward, commission or benefit; cancel, void or reverse any Credit, Pick, reward, commission, discount or promotion obtained in breach; recover any amount paid to you in error or through breach; close your Account permanently; refuse future registration; and share information with payment networks, Operators, fraud-prevention services, other affected parties and law enforcement. Our determination of a breach, made in good faith on the evidence available, is final for the purposes of these remedies, without prejudice to your rights under Section 27.

14. Errors, mistaken credits and clawback

Despite our care, errors happen: a wrong price shown at checkout, a Credit granted twice, a reward paid that was not earned, a Pick revealed without a Credit being spent, a commission miscalculated, or a feature opened to the wrong plan. Where that occurs we may correct the error, including by reversing or deducting Credits, rewards or commissions, re-charging the correct price, re-grading Picks, or adjusting your plan, and we may offset any amount you owe against any amount we owe you. You agree to tell us promptly of any error in your favour and not to use anything obtained through an error. An obvious pricing error does not bind us and we may cancel a transaction made at an obviously wrong price, refunding what you paid.

15. Rewards, referrals and the affiliate program

• Rewards such as a bonus Credit for following us on a social platform or leaving a review are offered at our discretion, once per person per platform, in the amount shown on the Rewards page at the time, and may require verification (for example a screenshot) before being granted. We may decline, delay or reverse a reward we believe was not genuinely earned.
• Reviews must be honest and your own. We never pay for a particular rating or opinion, only for the act of leaving a genuine review, and you must comply with the review platform's rules.
• Referrals. A referral is earned when a person who has never held an Account signs up through your link and meets the conditions on the Rewards page. The following do not count and may lead to closure: self-referrals, referrals of existing or former Members, referrals obtained by spam, misleading claims, paid incentives you offer, or automated means, and referrals of household members where we reasonably believe the purpose is to farm rewards.
• Affiliate program. Where offered, the affiliate program pays a commission on qualifying paid subscriptions made by people you referred, at the rate, threshold and schedule shown on the Rewards page, which we may change for future periods. Commissions accrue only on genuine, paid, non-refunded, non-charged-back subscriptions; are paid only after verification of your identity, tax status and payout details; may be withheld while any investigation is open; and will be reversed for any subscription that is refunded, charged back or found fraudulent, including by deduction from future commissions. You must comply with all advertising and endorsement laws, including the United States Federal Trade Commission's endorsement guides, must clearly disclose that you may earn a commission, must not make earnings claims, guarantee results, use our trademarks in domain names or paid search, or market to minors or excluded persons, and must not describe PickEngine as a sportsbook or as offering wagering. Commission income is taxable to you; we may require a completed tax form (for example Form W-9) and may issue tax information returns (for example Form 1099) as the law requires, and may withhold where required. We may end the program or your participation at any time; accrued verified commissions are paid on the next scheduled date.

16. Community features, your content and copyright

• Public by default. Your username, avatar, banner, bio, rank, counts, win-loss record and settled Picks are visible to signed-in Members unless you turn off public picks in Settings; Members on higher plans may also see your live and upcoming Picks. Support messages are private.
• Licence. You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt (for format and size), display and distribute Your Content as needed to operate, promote and improve the Service, for as long as it is on the Service and for a reasonable period afterwards for backups and legal purposes. You waive any moral rights to the extent the law allows.
• Your promises. Your Content is yours to share, is accurate, does not infringe any right, is not unlawful, defamatory, harassing, hateful, obscene, deceptive or spam, and does not contain anyone else's personal information without their consent.
• Moderation. We may remove, edit, hide or refuse any content and may suspend community features for any Member at our discretion and without notice. We have no obligation to monitor and are not responsible for other Members' content.
• Other Members' picks. Picks shown in the feed are the opinions of the Members who unlocked them. Copying one is your decision and carries the same risks as any other Pick.
• Feedback. If you send us ideas or suggestions, we may use them without obligation or payment.
• Copyright complaints (DMCA). If you believe content on the Service infringes your copyright, send a notice to support@pickengine.ai (subject "DMCA") containing: your physical or electronic signature; identification of the work and of the material you say infringes it with enough detail to locate it; your contact details; a statement that you believe in good faith the use is not authorised; and a statement under penalty of perjury that the notice is accurate and you are the owner or authorised to act. We will remove or disable the material and notify the poster, who may send a counter-notice meeting the requirements of 17 U.S.C. § 512(g). We close the Accounts of repeat infringers.

17. Prohibited conduct

In addition to Sections 12, 13 and 16, you agree not to:

• scrape, crawl, harvest, cache, copy, frame, mirror, republish, resell, redistribute, syndicate or commercially exploit any Picks, data, Content or part of the Service, by hand or automated means, except as these Terms expressly allow;
• share Picks with non-Members, operate a group, syndicate, tout, tipping, advisory, Discord, Telegram or similar service that redistributes our Picks, or use the Service to provide a competing service;
• reverse engineer, decompile, disassemble, probe, scan or test the Service or its models; attempt to discover source code, weights, prompts or training data; or use the Service or its outputs to train, fine-tune or benchmark any model;
• circumvent or attempt to circumvent any access control, paywall, Credit system, rate limit, geographic restriction, one-device rule, self-exclusion or security feature;
• use bots, scripts, extensions or automation to interact with the Service without our written permission;
• upload malware, launch denial-of-service attacks, or interfere with the Service, its infrastructure or anyone's use of it;
• impersonate any person, Operator, league, team, player or PickEngine staff; misrepresent your affiliation; or harvest other Members' information;
• use the Service in any way that is unlawful where you are, including to facilitate illegal gambling, money laundering or the evasion of an Operator's rules or a self-exclusion;
• misuse support channels, including abusive conduct toward staff, false reports or repeated frivolous disputes.

18. Communications, texts and electronic records

• Service messages. By holding an Account you agree to receive emails and in-Service notices about your Account, security, billing, Picks you hold and changes to our terms. These are not marketing and you cannot opt out of them while you hold an Account.
• Marketing. We may send promotional emails and, if you opt in, push notifications. You can opt out at any time through the link in each email or in Settings.
• Text messages (SMS). If you provide a mobile number and opt in, you consent to receive recurring automated marketing and informational text messages from PickEngine at that number, including by autodialer. Consent is not a condition of purchase. Message frequency varies; message and data rates may apply. Reply STOP to cancel and HELP for help. You confirm you are the subscriber or customary user of the number and will tell us if it changes. Carriers are not liable for delayed or undelivered messages.
• Electronic records and signatures. You agree that these Terms, notices, disclosures, receipts and records may be provided electronically, that clicking "agree", "subscribe", "unlock", "confirm" or similar constitutes your electronic signature, and that electronic records satisfy any requirement that a document be in writing. You may request a paper copy of any record and may withdraw consent to electronic delivery by closing your Account.
• Recording. Support chats and calls may be recorded and kept for quality, training and dispute purposes as described in the Privacy Policy.

19. Third-party operators, data providers and links

The Service shows information about, links to, and may interact with Operators, sports data providers, news sources, app stores, payment processors, social platforms and other third parties. We do not control them, are not responsible for their content, availability, accuracy, pricing, terms, conduct or security, and do not endorse them. Team names, logos, player names, images and statistics belong to their respective owners and are used for identification and reporting only. PickEngine is not affiliated with, sponsored by or endorsed by the NBA, NFL, any league, team, player, players' association, sportsbook or exchange. Statistics and scores are drawn from third-party feeds that may be unofficial, delayed or wrong, and carry no liability on our part.

20. Our intellectual property and your licence

The Service and all Content, including our models, software, algorithms, Picks, confidence scores, databases, text, graphics, designs, logos, trademarks, trade dress and the selection and arrangement of Content, are owned by PickEngine or our licensors and protected by copyright, trademark, trade-secret and other laws of the United States and other countries. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service and to use Picks for your own personal, non-commercial purposes. All rights not expressly granted are reserved. "PickEngine" and our logos are our trademarks; you may not use them without written permission except to accurately refer to the Service. Our app may be subject to additional licence terms of the store it came from, which also apply.

21. Availability, updates, beta features and discontinuation

• We aim to keep the Service available but do not guarantee it. The Service may be interrupted for maintenance, updates, outages, data-provider failures, security incidents or events outside our control, and features may be unavailable in some locations or on some devices.
• We may update our apps and may require you to install updates to keep using them. We may add, change, limit or remove features, plans, markets, sports or data sources at any time. A plan's features are those described on the Subscription page at the time of each renewal.
• Features marked beta, preview, experimental or similar are provided for evaluation, may be withdrawn or changed without notice, and carry no warranty beyond what the law requires.
• If we discontinue the Service entirely we will give reasonable notice where practicable and refund any prepaid period that will not be provided.

22. Responsible gaming and self-exclusion

Our Responsible Gaming policy is part of these Terms. It describes the cooling-off, self-exclusion, spending-limit, pick-limit and reminder tools available on request, and the help lines available to you.

• When you request a cooling-off period or self-exclusion we will apply it to your Account and, where you have a Connected Account, switch the bettor off for its duration. A cooling-off period or self-exclusion cannot be shortened or reversed once it begins, and a permanent self-exclusion is permanent.
• You agree not to attempt to evade a cooling-off period or self-exclusion, including by opening a new Account, using someone else's Account or misrepresenting your identity. Any Account opened in breach will be closed, any Credits, rewards or commissions on it forfeited, and any fees paid on it may be retained. You release us from any claim arising from your use of the Service in breach of an exclusion you requested.
• We may, at our discretion and without liability, decline to open or may suspend an Account, decline a plan change or top-up, or impose limits, where we believe a Member's use is harmful to them or where a family member or other person provides credible information of harm.
• Self-exclusion from PickEngine does not exclude you from any Operator; each Operator and many states run their own programmes, and you should use those as well.

23. Complaints and how we resolve them

1. Write to us. Send your complaint to support@pickengine.ai or through support chat, with your Account ID, what happened, when, and what you would like done. Billing complaints must be raised within 30 days of the charge; grading complaints within 14 days of the event.
2. Acknowledgement. We will acknowledge within 2 business days and tell you who is handling it.
3. Investigation. We will review your Account records, logs, payment data and any evidence you provide, and may ask you for more information.
4. Decision. We will give you a written decision with reasons, normally within 10 business days and in any case within 30 days.
5. Escalation. If you disagree, reply within 14 days asking for a review by a senior member of staff, who will respond within a further 14 days. That completes our internal process and the informal-resolution step required by Section 27.

24. Disclaimers of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL CONTENT, ALL PICKS, CONFIDENCE SCORES, STATISTICS, LINES, ODDS, SCORES, RESULTS, TOOLS, CONNECTED-ACCOUNT FEATURES AND COMMUNICATIONS ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SECURITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY PICK WILL WIN, THAT ANY ORDER PLACED THROUGH A CONNECTED ACCOUNT WILL BE PROFITABLE OR WILL EXECUTE AS INTENDED, THAT ANY INFORMATION IS ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

25. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKENGINE OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, DATA PROVIDERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF MONEY WAGERED OR INVESTED, LOST WINNINGS, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR PERSONAL INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO THE SERVICE, ANY PICK, ANY CONNECTED ACCOUNT OR ORDER, ANY OPERATOR, ANY DATA, OR ANY DECISION YOU MAKE IN RELIANCE ON THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, IN ANY TWELVE-MONTH PERIOD, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO PICKENGINE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100). FOR THE AVOIDANCE OF DOUBT, MONEY YOU PLACED WITH OR LOST AT ANY OPERATOR IS NOT MONEY PAID TO PICKENGINE. THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW, INCLUDING FOR FRAUD, OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE WHERE THE LAW DOES NOT PERMIT IT.

26. Indemnification

You agree to defend, indemnify and hold harmless PickEngine and its owners, officers, directors, employees, contractors, agents, licensors and suppliers from and against any claim, demand, action, loss, liability, damage, fine, penalty, cost or expense (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your use of the Service; (b) Your Content; (c) your wagering, orders, entries or other activity with any Operator, including through a Connected Account; (d) your breach of these Terms or of any law or regulation; (e) your violation of any right of another person or entity; (f) any chargeback, payment dispute, fraud, collusion, multi-accounting or promotion abuse by you or by anyone using your Account; or (g) your evasion of a cooling-off period or self-exclusion. We may assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defence.

27. Dispute resolution: arbitration and class action waiver

28. Time limit on claims

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE FILED (IN ARBITRATION OR, WHERE PERMITTED, IN COURT) WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED. THIS SHORTENS ANY LONGER STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY.

29. Termination and survival

• By you. You may close your Account at any time by contacting support. Closure cancels future renewals; amounts already paid are not refunded except under Section 10.
• By us. We may suspend, restrict or terminate your Account and access to all or part of the Service at any time, with or without notice, if we reasonably believe you have breached these Terms, created risk or legal exposure for us or others, if required by law or an Operator, if your Account is inactive for 24 months, or if we discontinue the Service. Where we terminate without cause, we refund any unused prepaid period; where we terminate for cause, no refund is due and Credits, rewards and unpaid commissions are forfeited.
• Effect. On termination your licence ends, you must stop using the Service, we may delete Your Content and Account data under our retention policy, and any amounts you owe become due at once.
• Survival. Sections 1, 5 (allocation of responsibility), 6 to 8 (as to activity before termination), 10 to 14, 16 (licence and copyright), 19, 20, 22 (release), 24 to 31 and any other provision that by its nature should survive, survive termination.

30. General provisions

• Governing law. These Terms and any Dispute are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Ohio without regard to its conflict-of-law rules, except where the consumer-protection law of the state where you live gives you rights that cannot be waived.
• Entire agreement. These Terms, the Privacy Policy, the Responsible Gaming policy, and any plan, promotion, beta or program terms stated in the Service form the entire agreement between you and us about the Service and supersede all earlier agreements and understandings.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full force, except as stated in Section 27.3.
• No waiver. Our failure or delay in enforcing any provision is not a waiver of it or of our right to enforce it later. Any waiver must be in writing.
• Assignment. You may not assign or transfer these Terms or your Account. We may assign these Terms, in whole or part, to an affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of assets, without your consent.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government action, failure of utilities, networks, hosting, data providers, leagues, payment systems or Operators, cyber-attacks, and changes in law.
• Notices. We may give you notice by email to the address on your Account, by a notice in the Service, or by posting on the site; notice is effective when sent or posted. Notices to us must be sent to the address in Section 31 and are effective on receipt.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation". No rule of construction against the drafter applies. These Terms are in English; any translation is for convenience and the English version controls.
• Relationship. Nothing creates a partnership, joint venture, employment, agency (except as expressly set out in Section 8) or fiduciary relationship between you and us.
• Third-party beneficiaries. Except for the indemnified parties in Section 26 and an app store where Section 20 applies, there are no third-party beneficiaries of these Terms.
• Export and sanctions. You will comply with all applicable export-control and sanctions laws and confirm you are not a prohibited person under them.
• Accessibility. We aim to make the Service usable by everyone; if something is hard for you to use, tell us and we will work to fix it.

31. Contact

PickEngine · support@pickengine.ai · support chat inside the app or from the bubble on pickengine.ai · Legal notices, DMCA notices, arbitration opt-outs and notices of dispute: the same address with the subject line indicated above.

If you or someone you know has a gambling problem, call or text 1-800-GAMBLER (1-800-426-2537) or visit our Responsible Gaming page. 18+ only.