TERMS & CONDITIONS

1. ACCEPTANCE OF TERMS

By accessing and using ODDS! ("the App"), operated by Apex Foundry Development LTD, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. USE AT YOUR OWN RISK

IMPORTANT: ODDS! is a social dare game intended for entertainment purposes only. By using this App, you acknowledge and agree that:

• You participate in all dares and challenges entirely at your own risk
• The App owner, developers, and operators are NOT responsible for any injuries, damages, losses, or consequences resulting from participating in any dare or challenge
• You are solely responsible for ensuring any dare you participate in is safe, legal, and appropriate
• You will not create or participate in dares that are illegal, dangerous, harmful, or violate the rights of others
• The App does not endorse, promote, or encourage any specific dares or challenges

3. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The App and its services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We are NOT liable for any direct, indirect, incidental, special, consequential, or punitive damages
• We are NOT responsible for user-generated content, including dares, challenges, photos, videos, or comments
• We do NOT guarantee the accuracy, reliability, or safety of any content or activity on the App
• Your use of the App is at your sole risk

4. USER RESPONSIBILITIES

As a user of ODDS!, you agree to:

• Be at least 13 years old to use this application
• Use good judgment and common sense when creating or accepting dares
• Not create dares that could cause physical harm, emotional distress, or property damage
• Not create dares that violate any local, state, national, or international laws
• Respect the safety and well-being of yourself and others
• Not hold the App responsible for any outcomes of your participation
• Indemnify and hold harmless the App, its owners, and operators from any claims arising from your use

5. PROHIBITED CONDUCT

The following activities are strictly prohibited:

• Creating dares involving illegal activities
• Creating dares that could cause physical injury or harm
• Harassment, bullying, or targeting individuals
• Posting explicit, offensive, or inappropriate content
• Violating the privacy or rights of others
• Impersonating others or providing false information
• Attempting to hack, exploit, or damage the App

6. CONTENT OWNERSHIP AND RIGHTS

You retain ownership of content you upload (photos, videos, etc.). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content within the App. You represent that you have all necessary rights to upload your content.

7. ACCOUNT TERMINATION

We reserve the right to suspend or terminate your account at any time, for any reason, without notice, including but not limited to violation of these terms, engaging in prohibited conduct, or behavior we deem inappropriate or harmful.

8. PRIVACY AND DATA

We collect and process personal data in accordance with applicable privacy laws. By using the App, you consent to our collection and use of your information as described in our Privacy Policy.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ODDS!, its owners, operators, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the App, your violation of these terms, or your violation of any rights of another party.

10. CHANGES TO TERMS

We reserve the right to modify these terms at any time. Continued use of the App after changes constitutes acceptance of the modified terms. It is your responsibility to review these terms periodically.

11. DISPUTE RESOLUTION

Any disputes arising from your use of the App shall be resolved through binding arbitration in accordance with the laws of your jurisdiction. You waive any right to participate in class action lawsuits.

12. COMPLETE DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND
• We DISCLAIM ALL WARRANTIES, express or implied, including but not limited to:
  • Warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy, reliability, or completeness
  • Uninterrupted or error-free operation
• We make NO WARRANTY that the App will meet your requirements or expectations
• We do NOT warrant that files, data, or content will be free from viruses or harmful components
• Any material downloaded or obtained through the App is at your sole risk

13. EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

• ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• Personal injury, bodily harm, death, or property damage
• Emotional distress or psychological harm
• Loss of profits, revenue, data, or business opportunities
• Loss of reputation or goodwill
• Cost of substitute services or products
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party using the App
• Any claims arising from user-generated content or challenges
• Interruption of use or loss of data

THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

14. ASSUMPTION OF RISK

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• You are VOLUNTARILY participating in all activities through the App
• You understand that dares may involve inherent risks including but not limited to:
  • Physical injury, disability, or death
  • Property damage or loss
  • Emotional or psychological distress
  • Legal consequences including fines or arrest
  • Damage to relationships or reputation
  • Financial loss
• You VOLUNTARILY ASSUME ALL RISKS associated with your use of the App
• You will not hold us liable for any consequences arising from your decisions
• You have carefully read and fully understand this assumption of risk

15. THIRD-PARTY CONTENT AND INTERACTIONS

The App contains user-generated content created by third parties. We are NOT responsible for examining or evaluating the content, accuracy, completeness, validity, copyright compliance, legality, decency, quality, or any other aspect of such content. We do NOT warrant, endorse, guarantee, or assume responsibility for any third-party content or any interactions you have with other users. Your interactions with other users are solely between you and those users, and we are NOT liable for any loss or damage arising from such interactions.

16. AGE REQUIREMENTS AND PARENTAL CONSENT

You must be at least 18 years old to use this App. If you are between 13 and 18 years old, you may only use the App with the explicit permission and supervision of a parent or legal guardian who agrees to be bound by these Terms. By allowing a minor to use the App, the parent/guardian agrees to:

• Supervise the minor's use of the App at all times
• Take full responsibility for all activities and consequences
• Ensure the minor complies with all Terms
• Accept all liability for the minor's actions

If you are under 13 years old, you are STRICTLY PROHIBITED from using this App.

17. MEDICAL AND HEALTH DISCLAIMER

IMPORTANT HEALTH WARNING: The App is NOT a medical service and does not provide medical advice. Any dare that could impact your physical or mental health should be discussed with a qualified healthcare professional first. We are NOT responsible for any health-related issues arising from your use of the App. If you have any pre-existing medical conditions, physical limitations, or health concerns, consult your doctor before participating in any physical challenges.

18. NO PROFESSIONAL ADVICE

The App does not provide professional advice of any kind including legal, financial, medical, or psychological advice. Any content on the App is for entertainment purposes only and should not be relied upon for making decisions. You should consult qualified professionals for specific advice tailored to your situation.

19. RECORDING AND CONSENT

By uploading photos, videos, or other content to complete dares, you represent that you have obtained all necessary consents and permissions from all individuals appearing in such content. You are solely responsible for ensuring compliance with all applicable privacy, publicity, and recording consent laws. We are NOT liable for any violation of third-party rights arising from content you upload.

20. SERVICE AVAILABILITY

We do NOT guarantee that the App will be available at all times or that it will function without interruption or errors. We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time without notice or liability. We are NOT liable for any interruption of service, data loss, or inability to access the App.

21. FORCE MAJEURE

We are NOT responsible for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22. JURISDICTIONAL ISSUES

The App is controlled and operated by Apex Foundry Development LTD from the United Kingdom. These Terms shall be governed by and construed in accordance with the laws of England and Wales. We make no representation that the App is appropriate or available for use in other locations. If you access the App from outside the United Kingdom, you do so at your own risk and are responsible for compliance with local laws. You may not use the App if you are located in a country subject to international sanctions.

23. INTELLECTUAL PROPERTY PROTECTION

23A. PROHIBITED USES - COPYING & REPRODUCTION

THE FOLLOWING ACTIVITIES ARE STRICTLY PROHIBITED AND CONSTITUTE INFRINGEMENT:

• Copying or Cloning: Creating any application, website, or service that copies, imitates, or is substantially similar to ODDS!
• Reverse Engineering: Decompiling, disassembling, reverse engineering, or attempting to derive the source code, algorithms, or data structures
• Scraping: Using automated tools, bots, scrapers, or crawlers to extract content, data, or code
• Screen Recording for Reproduction: Recording or capturing the App for the purpose of recreating its features or design
• Code Extraction: Extracting, copying, or downloading any JavaScript, CSS, HTML, or other code from the App
• Design Copying: Reproducing the visual design, user interface, color schemes, or user experience patterns
• Feature Cloning: Implementing features, game mechanics, or functionality substantially similar to those in ODDS!
• Database Extraction: Copying, extracting, or republishing user data, challenge data, or any other database content
• API Abuse: Accessing, using, or attempting to use our APIs without authorization
• Redistribution: Distributing, sublicensing, selling, or making the App available to third parties
• Modification: Modifying, adapting, translating, or creating derivative works based on the App
• Commercial Use: Using any part of the App for commercial purposes without written permission

23B. LEGAL CONSEQUENCES OF INFRINGEMENT

23C. PROPRIETARY TECHNOLOGY NOTICE

ODDS! contains proprietary technology, trade secrets, and confidential information that represents significant investment in research, development, and creative effort. This includes but is not limited to:

• Proprietary dare generation and matching algorithms
• Unique game mechanics and challenge systems
• Custom user interface components and design patterns
• Backend infrastructure and API architecture
• Database schemas and data relationships
• Security implementations and authentication flows
• Notification and engagement systems
• Video and media processing pipelines

By accessing the App, you acknowledge that you are receiving access to proprietary information and agree to maintain its confidentiality.

23D. REPORTING INFRINGEMENT

If you become aware of any unauthorized copying, reproduction, or use of ODDS! intellectual property, please report it immediately to: [email protected]

Apex Foundry Development LTD reserves the right to pursue legal action against any party who infringes our intellectual property rights. Reporters of valid infringement may be eligible for a bounty reward.

24. EXPORT CONTROL

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. government embargo or designated as a "terrorist supporting" country.

25. ENHANCED INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Apex Foundry Development LTD, ODDS!, their owners, operators, employees, affiliates, licensors, service providers, contractors, agents, officers, and directors from and against ANY AND ALL claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from:

• Your use or misuse of the App
• Your participation in any dare or challenge
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Your content and any harm it causes
• Any damage to property or injury to any person
• Any fraudulent, malicious, or illegal activity
• Any claim by other users or third parties

This indemnification obligation will survive termination of your account and these Terms.

26. RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE Apex Foundry Development LTD, ODDS!, their owners, operators, employees, affiliates, and representatives from any and all liability, claims, demands, actions, or rights of action for personal injury, property damage, or wrongful death arising out of or related to your use of the App, WHETHER CAUSED BY THE NEGLIGENCE OF OURSELVES OR OTHERWISE.

27. LIMITATION OF LIABILITY CAP

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO USE THE APP IN THE PAST 12 MONTHS, WHICHEVER IS LESS.

28. CLASS ACTION WAIVER

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate in class actions or class-wide arbitration. If this waiver is found unenforceable, the entirety of this arbitration provision shall be null and void.

29. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

30. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

31. SEVERABILITY

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

32. WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL with respect to any dispute arising out of or relating to these Terms or your use of the App. You agree that any legal action will be decided by a judge, not a jury.

33. ATTORNEY'S FEES

In any legal action to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorney's fees, expert witness fees, and costs in addition to any other relief to which it may be entitled. If we are required to defend against any claim you bring against us, and we prevail, you agree to reimburse us for all legal fees and costs.

34. NO GUARANTEES OF SAFETY

WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND regarding the safety of any dare, challenge, or activity suggested, created, or posted on the App. Even activities that may appear safe can result in serious injury or death. You are solely responsible for evaluating the safety and appropriateness of any activity before participating. NEVER RELY ON THE APP OR OTHER USERS TO DETERMINE WHAT IS SAFE.

35. ACKNOWLEDGMENT OF RISK CATEGORIES

You specifically acknowledge the following categories of risk inherent in using the App:

• Physical Risks: Injury, disability, disfigurement, paralysis, or death from physical activities
• Legal Risks: Arrest, criminal charges, civil liability, fines, or imprisonment
• Financial Risks: Property damage, medical expenses, legal costs, loss of income
• Social Risks: Damage to reputation, relationships, employment, or educational opportunities
• Emotional Risks: Embarrassment, humiliation, anxiety, depression, or psychological trauma
• Digital Risks: Privacy violations, cyberbullying, doxing, identity theft, or online harassment

YOU VOLUNTARILY ASSUME ALL OF THESE RISKS.

36. INSURANCE DISCLAIMER

We do NOT carry any insurance that covers your use of the App or participation in any dares or challenges. You are solely responsible for obtaining any necessary insurance coverage for your activities. Your participation may not be covered by your existing insurance policies, and participating in dares may void insurance coverage. Consult your insurance provider before participating in any challenges.

37. SURVIVAL OF TERMS

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and the release of liability. Your obligations under these Terms continue even after you stop using the App or your account is terminated.