Terms of Service | Betwatch.io

Betwatch, Inc. Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Betwatch, Inc. (d/b/a Betwatch.io) (referred to as "Betwatch," "Company," "we," "us," or "our"), including but not limited to the website located at Betwatch.io and all related applications, tools, and services (collectively, the "Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Betwatch, Inc.

Your continued use of the Services signifies your acceptance of any changes or amendments to these Terms. We reserve the right to update or modify these Terms at any time by posting the revised version on the Services. It is your responsibility to review these Terms periodically. If you do not agree to these Terms, you must immediately discontinue your access to and use of the Services.

2. Service Description and Beta Features

Betwatch, Inc. provides informational tools and analytics related to sports betting markets through the Betwatch.io platform. While Betwatch, Inc. is a formally incorporated entity, certain features of the Services may be designated as beta, experimental, or early-access ("Beta Features"). Beta Features are provided on an as-is basis and may contain errors, be incomplete, or be subject to change or discontinuation at any time without notice. Features and functionality may be added, removed, or modified at the Company's sole discretion.

Betwatch, Inc. also publishes BlackJack Lab, a blackjack training and simulation application. BlackJack Lab has its own Terms of Use, which you accept inside the application and which are published at https://betwatch.io/BJL/terms. Those Terms govern your use of that application, including its subscription terms. These Terms govern the Betwatch.io website and the services offered through it. Where the two differ about BlackJack Lab, the BlackJack Lab Terms govern. A Betwatch account is a single account across both products.

Users acknowledge that data loss is possible when using Beta Features and that Betwatch, Inc. does not guarantee uninterrupted or error-free operation of any portion of the Services, including Beta Features. While we welcome feedback and bug reports, we are under no obligation to implement any suggestions or to continue offering any particular Beta Feature. Your use of any Beta Feature is entirely at your own risk.

3. User Eligibility

You must be at least 18 years of age and of legal gambling age in your respective state, province, or jurisdiction to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements, that you have the legal capacity to enter into a binding agreement, and that your use of the Services does not violate any applicable law or regulation. Betwatch, Inc. reserves the right to verify your eligibility at any time and to deny access to the Services if eligibility requirements are not met.

4. User Account and Registration

To access certain features of the Services, you may be required to register for an account. When creating an account, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to immediately notify Betwatch, Inc. of any unauthorized use of your account or any other breach of security. Betwatch, Inc. shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

4a. Paid Subscriptions, Automatic Renewal, and Cancellation

Some Betwatch products and features are sold as paid subscriptions or as one-time purchases. Where they are, the following applies. Prices, billing intervals, and any trial length are disclosed to you before you purchase, and are repeated in the confirmation we send you.

(a) Automatic renewal. Subscriptions with a recurring term renew automatically at the end of each billing period, and the payment method on file is charged, until you cancel. The renewal price and the renewal interval are the ones disclosed at purchase. One-time and lifetime purchases do not renew and are never charged again.

(b) Cancellation. You may cancel at any time. Cancellation takes effect at the end of the period you have already paid for, and you retain access until then. Cancelling is at least as easy as subscribing: where you subscribed online, you can cancel online, in a comparable number of steps, without contacting us by telephone or email.

(c) Notices we send you. For subscriptions billed by Betwatch, we will send: a purchase confirmation setting out what you bought, the price, the renewal interval and how to cancel; a reminder in advance of the renewal of any annual or other long-term subscription; a notice if a payment fails; advance notice of any price change, in time for you to cancel before it takes effect; and a confirmation when you cancel. These are transactional messages about your own purchase and are sent whether or not you have opted into marketing.

(d) Purchases made through an app store. Where a subscription is purchased as an in-app purchase, the app store (for example Apple) is the seller. That store takes the payment, manages the renewal, sends its own receipts and renewal notices, runs its own price-change consent process, and handles refunds under its own policy. Cancellation is made through your account settings with that store, not with us, and we cannot reverse a charge made by it.

(e) Price changes. We may change prices for future billing periods. We will not apply a new price to a period you have already paid for, and we will notify you before a change takes effect so that you can cancel if you do not wish to continue.

(f) Refunds. Refund terms for a particular product are stated in that product's terms. Purchases made through an app store are refunded by that store under its policy.

(g) Rights you have regardless of this section. Nothing in these Terms removes a refund, cancellation, or withdrawal right that the law gives you where you live. Consumers in the European Union and the United Kingdom have a statutory right to withdraw from a purchase of digital content within 14 days, subject to any acknowledgement given at checkout when immediate access is requested. Residents of certain U.S. states have additional cancellation and notice rights under state automatic-renewal laws. Those rights apply whatever this section says.

5. Privacy and Data

Your privacy is important to us. By using the Services, you agree to our Privacy Policy, which describes how we collect, use, store, and disclose your information. The Privacy Policy is incorporated by reference into these Terms. You acknowledge and understand the risks associated with transmitting personal information over the internet. We retain the right to collect, use, and disclose your data in accordance with our Privacy Policy and applicable law.

You understand that we do not store your sportsbook passwords.

You understand that we use cookies and similar tracking technologies for functional purposes and for analytics. For more information, please refer to our Privacy Policy.

6. User Content

You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). However, by submitting User Content, you grant Betwatch, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your User Content in connection with the operation, promotion, and improvement of the Services.

You represent and warrant that:

(a) You own all rights to your User Content or have obtained all necessary permissions, licenses, and consents to grant the rights described in these Terms;

(b) Your User Content does not infringe upon the copyrights, trademarks, trade secrets, contract rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights of any third party; and

7. Content Moderation

Betwatch, Inc. is committed to maintaining a positive and respectful community. We reserve the right, but have no obligation, to monitor, moderate, remove, or delete any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable.

You agree to abide by our content moderation guidelines, which include, but are not limited to, the following:

No nudity, pornography, or sexually explicit content.

No hate speech, bullying, harassment, insults, or personal attacks.

Profanity may be limited or prohibited at the Company's discretion.

Violation of these guidelines may result in the immediate suspension or termination of your account, and you may be permanently barred from using interactive features such as commenting or messaging.

8. No Financial Advice; Assumption of Gambling Risks

Betwatch, Inc. does not provide financial, investment, or gambling advice. The Services are provided for informational and entertainment purposes only and are not intended to constitute financial, investment, or gambling advice of any kind. You should not rely on any information provided through the Services as a substitute for professional financial or legal advice. Always consult a qualified professional before making any financial or gambling decisions.

You acknowledge and understand that gambling involves a significant risk of financial loss. Betwatch, Inc. is not responsible for any losses you may incur as a result of gambling activities. You are solely responsible for any gambling decisions you make and for complying with all applicable laws regarding gambling in your jurisdiction.

9. No Gambling Services

Betwatch, Inc. does not offer, operate, or facilitate any gambling services. The Services provide information, analytics, and tools related to sports betting markets but do not operate as a bookmaker, casino, or gambling platform. Betwatch, Inc. does not accept, place, or facilitate any wagers or bets on behalf of any user.

10. Disclaimer of Gambling Advice

The information provided through the Services is for informational and entertainment purposes only. It does not constitute gambling advice. Any odds, lines, projections, or analyses displayed on the Services are provided without any guarantee of accuracy or completeness. Users are solely responsible for their gambling decisions and should independently verify any information before acting upon it.

11. Responsible Gambling

Betwatch, Inc. encourages responsible gambling. If you or someone you know has a gambling problem, please contact the National Council on Problem Gambling at https://www.ncpgambling.org/ or call the National Problem Gambling Helpline at 1-800-522-4700.

12. Account Suspension and Termination

Betwatch, Inc. may, in its sole discretion, suspend, restrict, or terminate your account or your access to all or any part of the Services, without prior notice or liability, for any reason, including but not limited to:

(a) Violation of these Terms;

(b) Violation of our content moderation guidelines;

(d) Requests by law enforcement or other government agencies;

(e) Discontinuance or material modification of the Services; or

(f) Unexpected technical or security issues.

If your account is terminated, your right to access the Services will immediately cease. Betwatch, Inc. shall not be liable to you or to any third party for any termination of your access to the Services. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Prohibited Uses

You agree not to use the Services for any purpose that is unlawful, prohibited by these Terms, or that could harm Betwatch, Inc., its users, or any third party. Prohibited uses include, but are not limited to:

Violating any applicable local, state, national, or international law or regulation.

Exploiting, harming, or attempting to exploit or harm minors in any way.

Transmitting, or procuring the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

Impersonating or attempting to impersonate Betwatch, Inc., a Betwatch, Inc. employee, another user, or any other person or entity.

Infringing upon the intellectual property rights, privacy rights, or other rights of any third party.

Engaging in any conduct that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Interfering with or disrupting the operation of the Services or the servers or networks used to make the Services available.

Using any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission. This includes any form of web scraping, data mining, or automated data collection.

Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are hosted, or any server, computer, or database connected to the Services.

Attacking the Services via a denial-of-service attack or a distributed denial-of-service attack.

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information.

Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

Taking any action to manipulate or falsify ratings, reviews, or feedback on the Services.

Using the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.

Using the Services in an effort to compete with Betwatch, Inc. or for any other revenue-generating endeavor or commercial enterprise without express written consent.

Renting, leasing, providing access to, or sublicensing any elements of the Services to a third party.

Using the Services on behalf of or to provide services to third parties without our express written consent.

Copying, modifying, or creating derivative works of the Services or any related documentation.

Removing, obscuring, or altering any of Betwatch, Inc.'s proprietary notices, trademarks, or branding.

Accessing the Services for competitive purposes or publishing any benchmark or performance information about the Services without express written consent.

14. Intellectual Property

The Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Betwatch, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in the Services, the Company's trademarks, logos, or other brand features.

15. Changes to the Service

Betwatch, Inc. reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) at any time, with or without notice. You agree that Betwatch, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

16. External Links and Third-Party Services

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Betwatch, Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Betwatch, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you access through the Services.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BETWATCH, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

BETWATCH, INC. MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETWATCH, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BETWATCH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETWATCH, INC.'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (1) THE AMOUNTS YOU HAVE PAID TO BETWATCH, INC. FOR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (2) ONE HUNDRED U.S. DOLLARS (US $100.00).

Betwatch, Inc. is not responsible for any damages that may result from hacking, tampering, or other unauthorized access to or use of the Services, your account, or the information contained therein.

19. Indemnification

You agree to indemnify, defend, and hold harmless Betwatch, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from: (a) your use of and access to the Services; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right; (d) any claim that your User Content caused damage to a third party; or (e) any violation of applicable law or regulation. This indemnification obligation shall survive the termination of these Terms and your use of the Services.

20. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

21. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND BETWATCH, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms.

23. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by Betwatch, Inc. on the Services, constitute the entire agreement between you and Betwatch, Inc. regarding your use of the Services. These Terms supersede any prior agreements, communications, or understandings between you and Betwatch, Inc. regarding the Services, including any prior versions of these Terms.

24. Waiver

The failure of Betwatch, Inc. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Betwatch, Inc.

25. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Betwatch, Inc. Any attempted assignment or transfer in violation of this provision shall be null and void. Betwatch, Inc. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

26. Contact Information

If you have any questions about these Terms or the Services, please contact us at [email protected].