terms of service

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effective date: december 26, 2024 | last updated: december 26, 2024

important notice

please read these terms carefully. by creating an account or using birdz, you agree to be bound by these terms. if you do not agree, do not use the service.

1. definitions

"service" means the birdz platform, including mobile applications, websites, and all related services.

"user," "you," and "your" refers to any person accessing or using the service.

"match" means a skill-based competition between two or more users.

"entry fee" means the amount paid by a user to participate in a match.

"prize pool" means the total amount available to be won in a match, minus our service fee.

2. eligibility requirements

2.1 age requirements

you must be at least 18 years of age to use the service.

in alabama and nebraska, you must be at least 19.

in mississippi, you must be at least 21.

we reserve the right to request proof of age at any time.

2.2 geographic restrictions

the service is NOT available to residents of the following U.S. states:

✗ arizona

✗ arkansas

✗ connecticut

✗ delaware

✗ florida

✗ kentucky

✗ louisiana

✗ maine

✗ michigan

✗ mississippi

✗ montana

✗ south carolina

✗ south dakota

✗ tennessee

if your state is listed above, you are not eligible to use the service. we use geolocation technology to enforce these restrictions.

2.3 account restrictions

you may only maintain ONE account. multiple accounts by the same person are prohibited and will result in permanent ban and forfeiture of all funds.

2.4 professional restrictions

employees of birdz, their immediate family members, and residents of the same household are not eligible to participate in matches.

3. skill-based gaming nature

3.1 not gambling

birdz is a skill-based gaming platform. all matches are games of skill where the outcome is determined predominantly by the skill, knowledge, and physical ability of participants, NOT by chance. this is NOT gambling, sports betting, or any game of chance.

3.2 game integrity

each game available on the service has been evaluated to ensure that skill is the predominant factor determining outcomes. random elements, if any, are minimal and do not materially affect the outcome.

3.3 user acknowledgment

by participating in matches, you acknowledge and agree that:

• your success depends on your skill, not luck

• you may lose money if your skill is inferior to your opponent's

• there is no guarantee of winning

• past performance does not predict future results

4. account creation and security

4.1 account information

you must provide accurate, current, and complete information during registration. you must promptly update your information to keep it accurate and current. false information may result in immediate account termination.

4.2 identity verification

we reserve the right to request identity verification documents (government-issued ID, proof of address, etc.) at any time. failure to provide requested documents within 14 days will result in account suspension and fund withdrawal restrictions.

4.3 account security

you are responsible for maintaining the confidentiality of your password. you are fully responsible for all activities that occur under your account. notify us immediately of any unauthorized use.

5. payments, deposits, and withdrawals

5.1 deposits

all deposits are processed through our third-party payment processor (braintree paypal). we do not store your payment information. deposits are final and non-refundable except as required by law or at our sole discretion.

5.2 service fees

we charge a service fee of up to 10% of the entry fee for each match. this fee covers platform operation, payment processing, fraud prevention, and customer support.

5.3 withdrawals

you may request withdrawal of your available balance at any time, subject to these conditions:

• minimum withdrawal: $10.00

• processing time: 3-7 business days

• identity verification must be completed

• no active disputes or investigations

• account in good standing for at least 7 days

5.4 tax reporting

you are solely responsible for reporting and paying all applicable taxes on winnings. we may report winnings to tax authorities as required by law. users winning $600 or more in a calendar year will receive IRS form 1099-MISC.

6. match rules and disputes

6.1 match results

match results are automatically determined by our system based on game performance. results are final once determined, except in cases of technical error or proven cheating.

6.2 disconnections

if you disconnect during a match, you have 5 minutes to reconnect. failure to reconnect results in automatic forfeiture. entry fees are not refunded for disconnections.

6.3 disputes

disputes must be submitted within 24 hours of match completion via our support system. we will investigate and render a final decision within 7 business days. our decision is final and binding.

7. prohibited conduct

7.1 cheating and exploitation

the following are strictly prohibited and will result in immediate permanent ban:

• using bots, macros, or automated scripts

• exploiting bugs or glitches for competitive advantage

• sharing accounts or allowing others to play on your behalf

• using modified devices or software to gain advantage

• reverse engineering or attempting to access our source code

7.2 collusion and match fixing

colluding with other users to manipulate match outcomes is prohibited. this includes intentionally losing, coordinating outcomes with opponents, or any form of match fixing.

7.3 consequences

violations result in: (a) immediate account termination, (b) forfeiture of all funds, (c) permanent ban, and (d) potential legal action.

8. disclaimers and limitation of liability

8.1 as-is service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE UNINTERRUPTED, ERROR-FREE, OR SECURE SERVICE.

8.2 limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9. dispute resolution and arbitration

BINDING ARBITRATION: YOU AND BIRDZ AGREE THAT ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICE WILL BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT (EXCEPT FOR SMALL CLAIMS COURT). YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

9.1 arbitration rules

arbitration will be conducted by the american arbitration association (AAA) under its consumer arbitration rules. the arbitrator's decision is final and binding.

9.2 class action waiver

you may only resolve disputes with us on an individual basis. you may not bring claims as a plaintiff or class member in any class or representative action.

10. general provisions

10.1 governing law

these terms are governed by the laws of the state of delaware, without regard to conflict of law principles.

10.2 entire agreement

these terms, together with our privacy policy, constitute the entire agreement between you and birdz.

10.3 changes to terms

we may modify these terms at any time. we will notify you of material changes via email or in-app notification. continued use of the service after changes constitutes acceptance.

11. contact information

questions about these terms? contact us at:

email: legal@birdz.bet

parent company: mehamer inc.

last updated: december 26, 2024

version 2.0 - birdz.bet