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Last updated: 06/21/2023

Terms of Service

Welcome to Cashify, the platform (the 'Platform') designed for handicappers ('Cappers') and their subscribers ('Subscribers'). Please read these Terms of Service ('Terms') carefully, as they constitute a binding agreement between Cashify Inc. ('we,' 'us,' 'our,' or 'Cashify') and you, the user of the Platform, whether you are a Capper or a Subscriber ('you,' 'your,' or “Member”) Cashify ('we,' 'us,' 'our') reserves the right to change terms of service whenever seems necessary.

Account

Account Creation

Capper:

To become a Member as a Capper, you must sign up on the Platform and accept these Terms along with a Capper Usage Agreement. As a Capper, you are obligated to adhere to both these Terms and the Capper Usage Agreement.

Subscriber:

To become a Member as a Subscriber, you must sign up on the Platform and accept these Terms. Your phone number will serve as your username. To log in, a verification code will be sent to your phone.

By signing up on the Platform and accepting these Terms, or by continuing to use the Platform after your account is created, you agree to be bound by these Terms. If you do not agree, do not use the Platform. By agreeing to these Terms, you also acknowledge that you have reviewed and agree to our Refund Policy and Privacy Policy, which are incorporated into and form an integral part of these Terms. References to the 'Platform' include this site and any other website or mobile application owned, operated, or controlled by us.

The Platform is provided for use by individuals located in the United States who are legally able to enter into these Terms and are at least eighteen (18) years old. Use of the Platform is at your own risk, and you must comply with all applicable laws, rules, and regulations. We may restrict the availability of the Platform at any time, in whole or in part, to any person, geographic area, or jurisdiction of our choosing.

Cappers

As a Capper (a 'knowledge provider' of sports content):
  • Once you become a Member, you can publish paywalled content for your Subscribers ('Content') through one or more subscription packages you create (each, a 'Product') and send your Content to your Subscribers via their chosen notification channels.
  • You will set the rate to charge Subscribers for your Products ('Fees'). You may also offer free Products and/or a free trial period to Subscribers.
  • You will set the subscription period length for your Products, which can range from as short as one (1) day to as long as one (1) year (the 'Subscription Period'). Subscription Periods auto-renew unless canceled by a Subscriber.

Payments to Cappers

  • Cashify has partnered with Stripe, a leading global payment processor, to handle collections and payments from your Subscribers.
  • You will need to set up a free Stripe account to manage payments from your Subscribers and ensure you are paid in a timely, streamlined, and automated manner.
  • You can track your Cashify income on your Capper Dashboard within the Platform.
  • For questions about Stripe, please refer to their terms of service https://stripe.com/legal/ssa.

Becoming a Member

Once you become a Member, you can subscribe to one or more Cappers on the Platform and select Products from Cappers.
  • Product Selection and Fees: Cappers may offer their Products for free or for a subscription fee, at their sole discretion. By selecting a Product, you agree to incur any applicable Fees. Cappers may change pricing at their discretion through their Capper account, but no price changes will apply retroactively.
  • Notifications: Once you have subscribed to a Capper, you will receive real- time plays via the notification channel(s) you select from that Capper. These notifications correspond to the Product(s) you selected at the time of subscription. You agree to receive notifications via the selected channels and authorize Cashify and the Capper to send them, understanding that standard messaging rates will apply.

Subscription Management

  • Account Access: If you are subscribed to at least one Capper's Product, you can log in to your Cashify account using your phone number to view recent plays and manage all your Capper subscriptions in one place.
  • Subscription Periods: Each Capper sets the Subscription Period for their Product(s). Some Cappers may offer a free trial for a specified period. You are eligible for one (1) free trial per Capper. You must pay if you attempt to trial a Capper's Product a second time.
  • Automatic Renewal: To provide uninterrupted service, we will automatically charge and renew your subscription at the end of your free trial or Subscription Period for continuous Subscription Periods of equal length unless you opt out of automatic renewal on the Platform, which you can do at any time. To avoid renewal, change your settings to “Do Not Renew” at least one (1) calendar day before the end of your free trial or current Subscription Period.
  • Mid-Subscription Changes: If you unsubscribe from a package mid- Subscription, you will still be charged Fees for the remainder of the current Subscription Period.

Managing Your Subscription

  • Subscription Settings: You can opt back into auto-renewal on any active subscription at any point by selecting 'Reactivate' in your subscription settings.
  • Changing Subscriptions: To change your subscription for the same Capper's Product, use the “package discounts” button within the Platform under your subscriptions. Subscribers cannot have two active subscriptions for the same Capper Product. If you want to access a different subscription from the same Capper Product, please contact Cashify via email at team@cashify.co.

Payments by Subscribers

  • Billing: When you subscribe to a Product from a Capper, you agree to recurring billing of applicable Fees, starting on the date you sign up and repeating based on the Subscription Period set by the Capper.
  • Taxes and Fees: Quoted Fees do not include sales or other transaction- based taxes, which are your responsibility. All Fees will be billed and charged in USD.
  • Fee Changes: Cappers may change their Fees at any time, but changes will not apply retroactively.
  • Payment Channels: You agree to pay Cappers for their Content only through the payment channels authorized by Cashify.

Refunds

Refund Policy: All sales are final and non-refundable at the time of purchase. Please refer to the Refund Policy if you have any questions regarding refunds.

Rights & Rules

Intellectual Property

  • We own all proprietary rights in the Platform and our products, including patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Our trade names, trademarks, and service marks include our name and associated logos. All trade names, trademarks, service marks, and logos on the Platform not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing on the Platform should be construed as granting any right to use any trade names, trademarks, service marks, or logos without express prior written consent from the owner.
  • Cappers own all proprietary rights in their Content, including patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Cappers grant us permission to use or disclose Content (including any personal information therein) as necessary or appropriate to provide the Service and operate the Platform.

Compliance with Laws

You represent and warrant that your use of the Platform, along with your creation, distribution, and use of Content and Products (collectively, the 'Service'), will comply with all applicable laws and regulations. You are solely responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or other applicable laws.

Messaging

Message and data rates may apply for any messages sent to you from us, and to us from you, and from a Capper to a Subscriber. For example, you will receive messages from us every time you attempt to log in with a phone number and receive a code for verification. If you have any questions about your text plan or data plan, contact your wireless provider. If you experience issues with the messaging program, you can get help by emailing team@cashify.co.

Monitoring

Although we are not obligated to monitor access to or use of the Service or to review or edit any Content, we have the right to do so for operating the Service, ensuring compliance with these Terms, and complying with applicable law or legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, Product, or the Platform at any time and without notice, including if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may consult and cooperate with law enforcement authorities to prosecute Members who violate the law. Any individual found violating these Terms will be immediately and permanently banned from Cashify at our discretion and will not be entitled to a refund.

Acceptable Use

Cashify has a zero-tolerance policy for any Content that promotes violence, hate speech, impersonation, plagiarism, porn or sexually exploitative content, animal cruelty, selling illegal goods or services, or the public sharing of private information. Any individual whose Content violates these standards will be immediately and permanently banned from Cashify at our discretion and will not be entitled to a refund. Any reference to “Content” in this section includes content published on and off the Platform. You agree not to do any of the following:

  • Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates, or violates a third party's intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) attempts to influence Subscribers to join other platforms deemed unacceptable by us.
  • Use, display, mirror, or frame the Service or any individual element within the Service, Cashify's name, any Cashify trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Cashify's express written consent.
  • Access, tamper with, or use non-public areas of the Platform, Cashify's computer systems, or the technical delivery systems of Cashify's providers.
  • Attempt to probe, scan, or test the vulnerability of any Cashify system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cashify or any of Cashify's providers or any other third party (including another Member) to protect the Platform or Content.
  • Attempt to access or search the Platform or Content or download Content from the Platform through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Cashify or other generally available third-party web browsers.
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
  • Use any meta tags or other hidden text or metadata utilizing a Cashify trademark, logo URL, or product name without Cashify's express written consent.
  • Use the Service, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service.
  • Interfere with, or attempt to interfere with, the access of any Member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform.
  • Collect or store any personally identifiable information from the Service from other Members without their express permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.
  • Encourage or enable any other person to do any of the foregoing.

Copyright Infringement

Cashify does not allow copyright infringement on the Platform. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. Cashify reserves the right to remove Content alleged to be infringing and to terminate the accounts of repeat infringers, without a refund. If you wish to report a copyright infringement, please send a notice containing the below information to our designated agent at `legal@cashify.co`. We may forward your notice, including your contact information, to the Member who posted or used the Content that you are reporting. Your notice should include:

  • The name, address, telephone number, and email address of the copyright owner.
  • An identification or description of the copyrighted work that you claim is being infringed.
  • A description of the Content on or sent through the Platform that you claim infringes your copyright.
  • An identification of where the allegedly infringing Content is located.
  • A statement that: (a) you have a good faith belief that the use isn't authorized by the copyright owner, its agent, or the law; (b) the information in your notice is accurate; and (c) under penalty of perjury, you are the owner or are authorized to act on behalf of the copyright owner.
  • An electronic or physical signature from the copyright owner or someone authorized to act on their behalf.

Confidentiality

All information shared via the Platform is strictly proprietary and confidential. As a Subscriber, Content received from a Capper is for your personal use only. Sharing or redistributing any Content to any third party is strictly prohibited. This includes electronic, verbal, or written redistribution. Any individual found sharing Content or other protected information externally will be immediately and permanently banned from Cashify at our discretion and will not be entitled to a refund.

Privacy

We value the privacy of our Members. If you have any questions regarding privacy and user consent, please read our privacy policy. Cashify uses Google's invisible reCAPTCHA service to protect the Platform from fraud and abuse without creating friction for users. Our use of reCAPTCHA is subject to Google's Privacy Policy and Terms of Service.

Liability

Disclaimer of Warranties

The content provided through and on the Platform is strictly for informational and entertainment purposes only. As such: THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET OR SATISFY YOUR EXPECTATIONS, ASSUMPTIONS OR REQUIREMENTS OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, PRODUCT, OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM. YOUR USE OF THE SERVICE AND MAKING OF ANY DECISIONS OR OUTCOMES BASED THEREON, AND YOUR SELECTION OF CAPPER(S) AND THEIR CONTENT AND PRODUCTS, IS EACH AT YOUR SOLE RISK AND DISCRETION. IF YOU CHOOSE TO UTILIZE ANY INFORMATION, PRODUCT, OR CONTENT ON OR ASSOCIATED WITH THE PLATFORM OR ANY CAPPER, YOU DO SO SOLELY AT YOUR OWN RISK.

Indemnity

You will indemnify Cashify and hold us and our officers, directors, employees, and agents harmless from and against any third-party liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal fees in connection with any claims (including, but not limited to, a claim from another Member) related to or arising from (i) your access to or use of the Service; or (ii) your violation of these Terms.

Cashify will indemnify you and hold you harmless from and against any third- party liabilities, damages, losses, and costs and expenses, including, but not limited to, reasonable legal fees, related to or arising from a third-party claim that the Platform (excluding, for the avoidance of doubt, any Content or Product), or your use thereof in strict accordance with these Terms, infringes a U.S. intellectual property right of a third party.

Limitation of Liability

Your interactions with organizations and individuals found on or through the Platform, including use (or creation or distribution) of or payment (or receipt of payment) for Content and Products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Cashify is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. As such:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASHIFY AND ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CASHIFY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CASHIFY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE FEES PAID BY YOU TO CASHIFY DURING THE SIX-MONTH PERIOD PRECEDING THE EVENT THAT CREATED THE LIABILITY OR TEN THOUSAND DOLLARS ($10,000), IF YOU HAVE NOT PAID CASHIFY HEREUNDER DURING THAT PERIOD; THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY TO CASHIFY'S INDEMNIFICATION OBLIGATIONS IN SECTION 19 ABOVE.

Final Details

Term and Termination

You or Cashify may terminate these Terms at any time for any reason. You may do so by terminating your account. We may do so by giving notice that we are terminating these Terms and/or by discontinuing the Platform. Upon such termination of these Terms, your right to use the Platform will immediately cease. Upon any termination or discontinuation of the Platform or these Terms, any section of these Terms which by its nature or context is intended to survive termination will so survive. If you are a Subscriber, you are still obligated for all outstanding Fees accrued up until the date of termination or discontinuation.

Changes to these Terms or the Platform

We may update these Terms from time to time at our sole discretion. If we do, we will post the updated Terms to the Platform and our website (as applicable). If you continue to use the Platform after the effective date of the updated Terms, it means that you accept and agree to the updates. If you do not agree to be bound by the updates, you may not continue to use the Service. Because the Platform is evolving over time, we may change all or any part of the Platform, at any time and without notice, at our sole discretion.

Feedback

You may provide suggestions, comments, input, or other feedback (“Feedback”) regarding the Service. If you elect to provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non- exclusive, worldwide, sub-licensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. You understand that we may use any Feedback you provide to improve the Service or to develop new features, products, and services.

Links to Third-Party Websites or Resources

The Service may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

Miscellaneous

These Terms, the Capper Usage Agreement (for Cappers only), and our Privacy Policy constitute the entire and exclusive understanding and agreement between Cashify and you regarding the Service (collectively, the “Agreement”), and supersede and replace all prior oral or written understandings or agreements between Cashify and you regarding the Service. If any provision of the Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of the Agreement will remain in full force and effect. You may not assign or transfer the Agreement, by operation of law or otherwise, without Cashify's prior written consent. Any attempted assignment is null and void. Cashify may freely assign or transfer without restriction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except for Cashify's indemnitees under Section 19, the Agreement is for the sole benefit of you and Cashify and our successors and permitted assigns and will not be construed as conferring any rights to any third party (including, but not limited to, any third-party beneficiary rights).

The Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.

Any notices or other communications provided by Cashify under the Agreement will be given: (i) via email and/or (ii) by posting to the Platform and our website (as applicable). For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Any notices provided by a Member to Cashify under the Agreement will be given via email to team@cashify.co.

Cashify's or a Member's failure to enforce any right or provision of the Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cashify or the Member (as applicable).

In the event of any dispute between you and any other Member, Cashify will have no obligation to intervene or participate in any manner, and you will resolve any such disputes directly with the other Member.

Any controversy, dispute, or claim of any nature arising out of, in connection with, or in relation to the interpretation, performance, enforcement, or breach of the Agreement will be resolved by binding arbitration.

You agree that we may reference you publicly as a Member, including in our marketing and press materials and social channels. If you would prefer not to be referenced as such, please contact us at team@cashify.co.

If you have any other questions about the Agreement or the Platform, please contact us at team@cashify.co.