Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and Wagerr Inc. (“Wagerr,” “we,” “us” or “our”). They govern your access to and use of the Wagerr mobile applications, websites and related services (together, the “Service”).

By creating an account, joining a contest, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. What Wagerr is

Wagerr is a peer-to-peer platform for skill contests. Two or more players agree on the stakes, play their own round of a game they both know how to play, and the better unadjusted result wins. We provide the matching, scoring and settlement infrastructure that lets players do this fairly.

Wagerr is not a bookmaker, casino, sportsbook or counterparty. We never set odds, never take a position on any contest, never act as the other side of your wager, and never decide who wins other than by recording the result the players themselves produce. The outcome of every contest is determined by the players’ own performance.

Contests on Wagerr currently cover games including golf, poker, pickleball, chess and others added over time. In every contest the participants are the players themselves — you wager on your own play, not on the performance of third parties.

3. Age requirement (18+) and eligibility

Wagerr is strictly for adults aged 18 and over. The Service is rated 18+ and is not directed to, or intended for use by, anyone under 18. You must be at least 18 years old — or older, where the age of majority in your jurisdiction is higher — to create an account, enter a contest, or otherwise use the Service. We do not knowingly allow anyone under this age to use the Service, and we may verify your age at any time and close any account we believe belongs to an underage user.

To use the Service you must:

• be at least 18 years old, or the age of majority in your jurisdiction if that is higher;
• have the legal capacity to enter into a binding contract;
• be physically located in a jurisdiction where peer-to-peer skill contests for value are lawful and where Wagerr is offered; and
• not be barred from using the Service under any applicable law or under these Terms.

You are responsible for knowing whether your participation is lawful where you are. We may ask you to verify your identity, age and location at any time, and we use third-party identity verification before you withdraw funds.

4. Where Wagerr is available

The Service is only available in jurisdictions where we offer it. We use location-verification technology to confirm where you are and to block access from jurisdictions where peer-to-peer skill contests for value are restricted. You agree not to use a VPN, proxy, location spoofing or any other method to disguise or falsify your location.

If you are located in a restricted jurisdiction, you may not enter contests for value, and any attempt to do so is a breach of these Terms.

5. Your account

You need an account to use most of the Service. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for everything that happens under your account and for keeping your login credentials and device secure. Notify us promptly if you believe your account has been compromised.

You may hold only one account. Creating or using multiple accounts, or letting anyone else use yours, is prohibited.

6. How contests and wagering work

When you join a contest, you and the other player(s) agree the game, the format and the stake. Once a contest is confirmed, each player’s stake is committed into a non-custodial smart contract that holds the stakes in escrow on a public blockchain for the duration of the contest.

Wagerr does not hold, control or have access to the staked funds. The funds sit in the escrow smart contract, not in a Wagerr-controlled wallet. We cannot freeze, divert or move staked funds, and we do not act as a signer over them.

Contests are settled on raw, unadjusted results. There is no handicap, net scoring, weather or course adjustment, or platform-imposed skill bracketing. Players self-select the contests and opponents they want. When the contest ends and the result is recorded, the escrow releases the stakes to the winning player according to the agreed terms, net of the platform fee described below.

You are responsible for understanding the rules and format of any contest before you join it. Stakes committed to a confirmed contest are at risk and are not refundable except as required by the contest’s own terms or by applicable law.

7. The platform fee

Wagerr charges a flat platform fee for the matching, validation, scoring and escrow infrastructure it provides. The fee is a fee for service: it is charged on contests regardless of who wins, and it is disclosed to you before you confirm a contest. The current fee is 2% of the contest value unless stated otherwise at the time you join.

The platform fee is not a wager, a commission on winnings, or a cut taken as a counterparty. Wagerr earns the same fee whatever the outcome of the contest.

8. Funding, withdrawals and fiat

Wagerr does not custody, transmit, convert or hold fiat currency. To add or withdraw value, you use independent third-party payment and on/off-ramp providers (for example, regulated crypto on-ramps and off-ramps). Those transactions are between you and the provider, under the provider’s own terms, and Wagerr is not a party to them.

You are responsible for the security of any external wallet you connect, for any fees the third-party providers charge, and for any taxes arising from your use of the Service. Before processing certain withdrawals we may require you to complete identity verification.

9. Fair play and prohibited conduct

The integrity of every contest depends on honest play. You agree not to:

• cheat, falsify scores or misreport results;
• collude with other players, or arrange contests with a pre-agreed outcome;
• use bots, automation, or any tool or assistance not permitted by the rules of the game;
• create multiple accounts, impersonate others, or manipulate the matching system;
• disguise your location or eligibility, or use the Service from a restricted jurisdiction;
• interfere with, attack, reverse engineer or attempt to gain unauthorised access to the Service or its infrastructure; or
• use the Service for any unlawful purpose.

If we reasonably believe you have breached this section, we may suspend or close your account and take any other action available to us under these Terms or the law.

10. Scores and player disputes

Results are produced by the players and recorded through the Service’s scoring tools. Where a contest format requires players to confirm or verify a result, you agree to do so honestly and promptly, and to provide reasonable evidence of the result if asked.

Because Wagerr does not control the funds and does not act as a counterparty, our role in any dispute is limited to applying the contest’s own rules and the result recorded through the Service. We are not an arbiter of disagreements between players over how a game was played, and we do not move staked funds by manual decision.

11. Responsible play

Contests for value carry financial risk. Only stake what you can afford to lose. We support responsible play, including access to self-exclusion tools such as BetBlocker, and we encourage you to set limits that suit you. If you feel your play is becoming a problem, please use these tools and seek support.

12. Your content

You may be able to submit content such as a profile name, a photo or messages. You keep ownership of your content. By submitting it, you grant Wagerr a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display that content as needed to operate and provide the Service. You are responsible for your content and confirm you have the rights to share it and that it does not infringe anyone else’s rights or break any law.

13. Intellectual property

The Service, including its software, design, logos, text and other materials (other than your content), is owned by Wagerr or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works from the Service except as expressly permitted.

14. Third-party services and content

The Service relies on third parties, including public blockchains, smart-contract infrastructure, payment and on/off-ramp providers, identity-verification providers, and the Apple App Store and Google Play. Those services have their own terms, and we do not control them and are not responsible for them. Your use of a third-party service is governed by that party’s terms, and any links we provide are for convenience only.

The Service may contain, display or access content and data supplied by third parties — for example, golf course information, course maps and related data provided through third-party data providers and APIs. Where the Service includes such third-party content, Wagerr has obtained the rights to it, or is otherwise permitted to use it, under licence or agreement with the relevant provider. That content remains the property of its respective owners and is protected by intellectual-property laws. It is made available to you only for your personal use of the Service, and you may not copy, extract, redistribute, resell or otherwise use it except as the Service allows.

15. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that blockchain transactions will confirm in any particular time. Transactions recorded on a public blockchain are generally irreversible, and we cannot reverse them.

16. Limitation of liability

To the maximum extent permitted by law, Wagerr and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or staked funds, arising out of or relating to your use of the Service. To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the total platform fees you paid to us in the three months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.

17. Indemnification

You agree to indemnify and hold harmless Wagerr and its officers, employees and agents from any claims, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, your content, or your violation of any law or the rights of a third party.

18. Governing law and arbitration

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Except where prohibited by law, you and Wagerr agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration, rather than in court, and the arbitration will take place in California. Either party may still bring an individual claim in small-claims court if it qualifies. This section survives termination of these Terms.

19. Class-action waiver

You and Wagerr agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

20. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we reasonably believe your activity poses a risk to other players or to the Service. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, governing law, arbitration and the class-action waiver — will continue to apply.

21. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “last updated” date and, where appropriate, give you notice through the Service. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree to a change, stop using the Service.

22. Contact us

Questions about these Terms can be sent to info@wagerr.app.

Wagerr Inc.