Terms of Service

Last updated: April 7, 2026

1. Acceptance of Terms

By accessing or using the PickEm Engagement platform (the "Service"), including any websites, mobile applications, APIs, or other interfaces operated by Nerd Dawg Sports LLC, DBA PickEm Engagement ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

If you do not agree to all of these Terms, you must not access or use the Service. Your continued use of the Service following any modifications to these Terms constitutes your acceptance of those modifications.

2. Service Description

PickEm Engagement is a white-label, multi-tenant, business-to-business ("B2B") software-as-a-service ("SaaS") platform that enables restaurants, sports bars, league commissioners, and other authorized operators ("Tenant Operators" or "Tenants") to host pick'em-style sports prediction competitions for their communities. The Service provides:

• Customizable, white-label branded prediction leagues and contests;
• Virtual-currency-based wagering, scoring, and leaderboard systems;
• Automated game schedule synchronization and score settlement;
• Tenant administration tools, including league management, member management, and branding controls;
• Player-facing interfaces for placing picks, viewing leaderboards, and receiving notifications;
• API access for programmatic integration (available on select subscription plans).

The Service relies on third-party data providers, including The Odds API and ESPN, for sports schedules, scores, and odds information. The Service uses Supabase for data infrastructure, Stripe for payment processing, and Resend for transactional email delivery.

3. No Real Money / Virtual Currency

PickEm Engagement is not a gambling platform. All in-platform currency is virtual and has no real-world monetary value. Virtual currency:

• Cannot be redeemed, withdrawn, exchanged, or transferred for real money, goods, or services of any monetary value;
• Cannot be purchased with real money;
• Is granted automatically upon entry into a league season and may be replenished according to league rules;
• Has no value outside the specific league season in which it was issued;
• Is non-transferable between users, leagues, or seasons.

Leaderboard rankings and outcomes are for entertainment and community engagement purposes only. Any prizes, rewards, or promotions offered by a Tenant Operator are solely the responsibility of that Tenant Operator and are not provided, endorsed, or guaranteed by PickEm Engagement. The Company bears no liability for any Tenant Operator's failure to fulfill promotional obligations.

4. Eligibility

You must be at least seventeen (17) years of age to create an account or use the Service. By creating an account, you represent and warrant that:

• You are at least 17 years old;
• You are legally capable of entering into a binding contract in your jurisdiction;
• You are not barred from using the Service under any applicable law;
• The information you provide during registration is truthful, accurate, and complete.

Tenant Operators may impose additional age or eligibility requirements for their specific communities. It is the Tenant Operator's responsibility to enforce any such additional requirements.

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5. Account Responsibilities

When you create an account on the Service, you agree to the following:

• Confidentiality. You are solely responsible for maintaining the confidentiality of your login credentials. You must not share your password or account access with any other person.
• Account Activity. You are responsible for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at support@pickemengagement.com if you suspect unauthorized access.
• Accurate Information. You agree to provide truthful, accurate, and current information during registration and to update such information promptly if it changes.
• One Account Per Person. Each individual may maintain only one account per Tenant. Creating duplicate or shared accounts is prohibited and may result in suspension or termination of all associated accounts.
• Account Security. You acknowledge that the Company is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

6. Tenant Operators

The Service is offered through independent Tenant Operators who subscribe to the PickEm Engagement platform to create and manage branded pick'em competitions for their communities.

6.1 Tenant Operator Responsibilities

Tenant Operators agree that they shall:

• Operate their tenant instance in compliance with all applicable local, state, national, and international laws and regulations;
• Not use the Service to facilitate real-money gambling or any activity that would constitute unlawful gambling under applicable law;
• Be solely responsible for any prizes, rewards, or promotional incentives they offer to their players, including fulfillment, taxation, and regulatory compliance;
• Maintain accurate and appropriate branding materials and not upload content that infringes on third-party intellectual property rights;
• Use the administrative tools and member management capabilities responsibly and in accordance with applicable privacy laws;
• Pay all subscription fees in a timely manner in accordance with the selected plan.

6.2 Relationship Between Players and Tenant Operators

When you create an account within a Tenant's instance, your participation is governed by both these Terms and any additional rules established by the Tenant Operator. The platform operator (PickEm Engagement) is not a party to any relationship between Tenant Operators and their players, and is not responsible for a Tenant's promotional activities, prize offers, community rules, or external obligations.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Attempt to manipulate, tamper with, or exploit scoring, leaderboard rankings, settlement outcomes, or virtual currency balances;
• Use automated tools, scripts, bots, scrapers, or any other programmatic means to access or interact with the Service, except through officially provided APIs and in accordance with your subscription plan;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service;
• Circumvent, disable, or otherwise interfere with security-related features, access controls, or usage limitations of the Service;
• Harass, abuse, threaten, stalk, or defame any other user, Tenant Operator, or Company personnel;
• Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, infringing, or otherwise harmful;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
• Introduce viruses, malware, or other malicious code into the Service;
• Use information obtained from the Service to contact, advertise to, or solicit other users without their consent;
• Create multiple accounts or use the account of another person without authorization.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, at the sole discretion of the Company.

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8. Intellectual Property

8.1 Company Intellectual Property

The Service, including all software, code, algorithms, user interface designs, graphics, text, logos, trademarks, and documentation, is owned by PickEm Engagement LLC or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

8.2 Tenant Operator Content

Tenant Operators retain all rights to their uploaded branding materials, logos, and customizations. By uploading content to the Service, Tenant Operators grant PickEm Engagement a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute such content solely as necessary to provide the Service.

8.3 User Content

To the extent users submit any content through the Service (including display names and profile information), you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, and reproduce such content in connection with operating and providing the Service.

9. Sports Data Disclaimer

The Service utilizes third-party data providers, including The Odds API and ESPN, to supply game schedules, scores, odds lines, and related sports data. While we take reasonable steps to ensure accuracy, we do not warrant or guarantee:

• The accuracy, completeness, timeliness, or reliability of any sports data displayed within the Service;
• That scores or game results will be reported without delay or error;
• That odds lines reflect current or accurate market conditions;
• The continuous availability of third-party data feeds.

Settlement of picks and bets is based on data received from these third-party providers. In the event of a data error or discrepancy, the Company reserves the right to use manual override mechanisms to correct settlement outcomes. Any such corrections will be documented in the platform's settlement audit log.

Sports data displayed on the Service is intended for informational and entertainment purposes only and should not be relied upon for real-money wagering decisions on any external platform.

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10. Payment and Subscriptions

This section applies to Tenant Operators who subscribe to paid plans on the PickEm Engagement platform.

10.1 Subscription Plans and Pricing

The Service is offered under tiered subscription plans with varying features and limits. Current pricing and plan details are available on the PickEm Engagement website. The Company reserves the right to modify pricing at any time, provided that changes to your subscription price will not take effect until your next renewal period, and you will be notified in advance of any price changes.

10.2 Payment Processing

All payments are processed through Stripe, a PCI-compliant third-party payment processor. By subscribing to a paid plan, you agree to Stripe's Terms of Service. The Company does not store your full payment card details.

10.3 Billing Cycle and Renewal

Subscriptions are billed on a recurring basis (monthly or annually, depending on your selection). Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.

10.4 Refunds

New subscribers are eligible for a full refund within fourteen (14) days of their initial subscription purchase. After the 14-day period, subscription fees are non-refundable. Partial-period refunds are not provided for cancellations made mid-cycle.

10.5 Suspension for Non-Payment

If payment fails or a subscription lapses, the Company may suspend the Tenant's instance. During suspension, existing data is preserved but the tenant's platform becomes inaccessible to players. Tenant administrators may reactivate their subscription through the provided reactivation flow.

10.6 Downgrade Policy

If you downgrade from a higher-tier plan to a lower-tier plan, features exclusive to the higher tier will become inactive. Your data associated with those features will be preserved but will not be rendered or accessible until you upgrade again. Overage charges may apply if your usage exceeds the limits of your new plan.

11. Termination

11.1 Termination by You

Players may close their account at any time by contacting their Tenant Operator or by emailing support@pickemengagement.com. Tenant Operators may cancel their subscription at any time through their account settings or by contacting the Company. Cancellation takes effect at the end of the current billing cycle.

11.2 Termination by the Company

The Company reserves the right to suspend or terminate any account or tenant instance at its sole discretion, with or without notice, for reasons including but not limited to:

• Violation of these Terms or the Acceptable Use Policy;
• Non-payment of subscription fees;
• Fraudulent, illegal, or harmful activity;
• Extended inactivity;
• Requests from law enforcement or government agencies.

11.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. The Company may, at its discretion, retain or delete your data in accordance with its data retention practices. Sections of these Terms that by their nature should survive termination (including, without limitation, Sections 3, 8, 12, 13, 14, and 15) shall survive.

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12. Disclaimers and Limitation of Liability

12.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICKEM ENGAGEMENT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, 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, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

13. Indemnification

You agree to indemnify, defend, and hold harmless PickEm Engagement LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Service;
• Your violation of these Terms;
• Your violation of any applicable law or the rights of any third party;
• Any content you submit, post, or transmit through the Service;
• For Tenant Operators: any prizes, promotions, or representations you make to your players, and any failure to comply with applicable laws governing your operation of pick'em competitions in your jurisdiction.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

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14. Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of [STATE], United States of America, without regard to its conflict-of-law principles. You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in [COUNTY], [STATE], and you hereby consent to personal jurisdiction and venue in such courts.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at legal@pickemengagement.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most concerns can be resolved quickly and to the parties' mutual satisfaction through informal negotiation.

15.2 Binding Arbitration

If a dispute cannot be resolved informally, you agree that any claim, dispute, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in [CITY], [STATE]. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

15.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

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16. Changes to Terms

The Company reserves the right to modify, amend, or replace these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page;
• Provide notice through the Service (e.g., via in-app notification or banner) and/or by email to the address associated with your account;
• For Tenant Operators on paid plans, provide at least thirty (30) days' advance notice before changes that materially affect subscription terms or pricing.

Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of those revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Service before the changes take effect.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email: support@pickemengagement.com
• Legal Inquiries: legal@pickemengagement.com
• Website: www.pickemengagement.com

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© 2026 PickEm Engagement LLC. All rights reserved.