Terms of Service

These Terms of Service ("Terms") govern the relationship between Pick'em88, Inc. ("Pick'em88", "we", "us", or "our") and the licensed sportsbook operators, platforms, and partners ("Customer", "you") who access or integrate the Pick'em88 software, APIs, SDKs, and embedded widgets (collectively, the "Service"). By accessing the Service or signing an order form referencing these Terms, you agree to be bound by them.

1. Scope of service

Pick'em88 provides a business-to-business pick'em contest engine designed to be embedded inside the products of licensed sportsbook operators. We are not a consumer-facing operator and do not maintain direct user relationships with end players. Your end users remain your end users, governed by your terms.

2. Eligibility and licensing

You represent and warrant that you hold all licenses, permits, and regulatory approvals required to offer pick'em or fantasy-style contests in each jurisdiction in which you operate. You are solely responsible for jurisdictional compliance, including age verification, identity verification, geo-fencing, taxation, and consumer protection requirements.

3. Customer obligations

• Maintain accurate operator and integration credentials and notify us promptly of any compromise.
• Comply with all applicable laws, including anti-money-laundering, sanctions, and responsible-gaming regulations.
• Provide end users with your own privacy policy, terms, and responsible-play disclosures.
• Pay all fees set out in your order form on the agreed schedule.

4. Intellectual property

Pick'em88 retains all right, title, and interest in and to the Service, including all software, models, content, branding, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for the purposes set out in your order form. You retain all rights in your own brand, content, and end-user data.

5. Acceptable use

You agree not to (a) reverse engineer, decompile, or attempt to extract the source code of the Service; (b) resell, sublicense, or expose the Service to third parties outside the scope of your order form; (c) use the Service to facilitate any illegal contest, unlicensed gambling activity, or activity that violates the rights of any third party; or (d) interfere with the integrity, performance, or security of the Service.

6. Fees and payment

Fees are described in the applicable order form. Unless otherwise stated, invoices are payable net 30 from issue date. Late amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. All fees are exclusive of taxes, which are your responsibility.

7. Service levels

Pick'em88 uses commercially reasonable efforts to keep the production Service available. Specific availability targets, maintenance windows, and any service-level credits — if any — are described in your order form and are your sole and exclusive remedy for availability shortfalls.

8. Confidentiality

Each party will protect the other's confidential information using at least the same care it uses to protect its own confidential information of similar sensitivity, and in no event less than reasonable care. Confidential information does not include information that is publicly known through no breach of these Terms.

9. Warranty disclaimer

Except as expressly set out in these Terms, the Service is provided "as is" and "as available". Pick'em88 disclaims all other warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or trade usage.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms, even if advised of the possibility of such damages. Each party's aggregate liability under these Terms will not exceed the fees paid or payable by you to Pick'em88 in the twelve months preceding the event giving rise to the claim.

11. Indemnification

Each party will defend, indemnify, and hold the other harmless from third-party claims arising from its breach of these Terms, its violation of applicable law, or its infringement of third-party intellectual property rights, subject to prompt notice and reasonable cooperation by the indemnified party.

12. Term and termination

These Terms remain in effect for the term of your order form and any renewals. Either party may terminate for material breach if uncured after thirty (30) days' written notice. Upon termination, your right to use the Service ceases and you must remove all Pick'em88 widgets and SDKs from your products within a reasonable transition period.

13. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Any dispute will be submitted to binding arbitration administered by a recognized arbitral institution seated in New York, New York, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through your designated account contacts with reasonable advance notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Reach legal at legal@pickem88.com.