betcha user agreement

In these Terms, "including" and "include" mean "including, but not limited to." "Challenge" or "Dare" means any dare, bet, challenge, task, or activity created, proposed, accepted, performed, recorded, or shared by users through the Platform.

You acknowledge and agree that Betcha is a technology company. Betcha provides a platform that enables users to connect with one another and to create, share, accept, and document challenges. Betcha does not create, design, sponsor, endorse, supervise, direct, control, or participate in any challenge. Betcha is not a party to any challenge or to any agreement, wager, or arrangement between users.

All Challenges are created by, agreed to, and performed by users, voluntarily, at their own initiative and their own risk. Betcha's role is limited to providing the software through which users communicate.

Participation in challenges is entirely voluntary. You understand that challenges may involve physical activity and inherent risks, including the risk of property damage, bodily injury, illness, emotional distress, or death. You are solely responsible for evaluating whether any challenge is safe, legal, and appropriate for you before creating, accepting, or performing it. You knowingly and freely assume all risks, both known and unknown, arising from or related to any challenge, even if arising from the negligence of other users or third parties.

You are never obligated to accept or complete any Challenge. Declining, forfeiting, or abandoning a Challenge is always an option, regardless of any stakes, streaks, points, or social pressure.

Betcha is not responsible for, and expressly disclaims all liability arising from: (a) the acts or omissions of any user, whether online or offline; (b) the content, nature, performance, or outcome of any challenge; (c) any injury, loss, or damage of any kind arising from or related to any challenge or any interaction between users; and (d) disputes between users, including disputes about whether a challenge was completed.

You are solely responsible for your interactions with other users. Use good judgment and exercise caution, particularly when meeting anyone in person or performing any physical activity.

• Violates any applicable law, regulation, or ordinance;
• Involves serious risk of bodily harm to any person, including dangerous stunts, weapons, fire, vehicles used unsafely, choking, asphyxiation, consumption of harmful or excessive substances, or trespass onto dangerous property;
• Involves alcohol consumption challenges, drug use, or providing alcohol or drugs to anyone;
• Involves any minor in any manner;
• Involves harassment, bullying, intimidation, stalking, humiliation of non-consenting persons, or hate speech;
• Involves nudity, sexual content, or sexual acts;
• Involves damage, destruction, or theft of property;
• Involves animals in a harmful or distressing manner;
• Interferes with emergency services or public safety; or
• Encourages self-harm or harm to others.

We may (but have no obligation to) remove content, cancel Challenges, or suspend or terminate accounts that we believe, in our sole discretion, violate these Terms. The existence of a Challenge on the Platform does not mean Betcha has reviewed, approved, or endorsed it.

You further agree not to use the Platform to defraud any person, misrepresent Challenge outcomes, manipulate results, create fake accounts, harvest data, reverse engineer the Platform, or interfere with its operation.

You agree not to use the Platform to arrange, solicit, or settle any wager, bet, or exchange of money or items of value contingent on the outcome of a Challenge, whether inside or outside the Platform. Any such arrangement between users is strictly prohibited, is made entirely outside the Platform at the users' own risk, and is exclusively the responsibility of the users involved. Betcha is not a party to, does not process, and bears no responsibility for any such arrangement.

You represent that you own or have the rights to all User Content you post, that it does not violate any third party's rights, and that any identifiable person appearing in your User Content has consented to its capture and posting. You are solely responsible for your User Content. Betcha does not endorse and is not responsible for any User Content.

The platform is provided "as is" and "as available." Betcha disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Betcha makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, safety, or availability of the platform, any challenge, or any user, or that the platform will be uninterrupted or error-free.

To the maximum extent permitted by law, Betcha and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any personal injury, death, property damage, lost profits, lost data, or emotional distress, arising out of or related to your use of the platform or any challenge, even if Betcha has been advised of the possibility of such damages. In no event shall Betcha's total aggregate liability to you for all claims exceed the greater of (a) the amounts you paid to Betcha in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

If you are a California resident, you expressly waive California Civil Code section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

Please read this section carefully. It requires you to arbitrate disputes with Betcha on an individual basis and limits the manner in which you can seek relief.

Except for small claims court matters and claims for injunctive relief regarding intellectual property, you and Betcha agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, including personal injury claims, shall be resolved by binding arbitration on an individual basis, administered by JAMS under its applicable rules, in Los Angeles County, California, or at your election, by telephone or video conference. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class action waiver: You and Betcha 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, consolidated, or representative proceeding.

Right to Opt Out: You may opt out of this Arbitration Agreement by sending written notice to Betcha Games LLC at its principal business address, or by email to the support address listed in the app, within 30 days of first accepting these Terms, stating your name, the account email, and your intent to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

If any portion of this section is found unenforceable, the remainder shall remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.