Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the SportStake platform, including all websites, mobile applications, application programming interfaces (APIs), software, data feeds, customer accounts, and related services (collectively, the “Platform” or “Services”). The Platform is operated by Rakota Inc. (“SportStake,” “Rakota,” “Company,” “we,” “us,” or “our”), which provides skill-based fantasy sports contests. By accessing or using the Platform in any manner, including by creating an account, depositing funds, submitting entries, withdrawing funds, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cancellation & Refund Policy, our Contest Rules, our Responsible Participation Policy, and all other policies that expressly incorporate these Terms (collectively, the “Incorporated Policies”). If you do not agree to these Terms, you must not access or use the Platform.

IMPORTANT NOTICE:

THESE TERMS OF SERVICE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT (SEE SECTION 33) THAT REQUIRES ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.

OPT-OUT. IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US AND YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 33. OPT-OUT REQUESTS SENT AFTER THE 30-DAY PERIOD ARE NULL AND VOID. EVEN IF YOU OPT OUT, ALL OTHER SECTIONS OF THESE TERMS APPLY.

1. Acceptance and Binding Agreement

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Rakota Inc. Electronic acceptance has the same force and effect as a physical signature. By:

• Accessing the Platform;
• Creating an account;
• Depositing funds;
• Submitting any contest entry;
• Withdrawing funds; or
• Clicking “I Agree,”

you acknowledge and agree to be bound by these Terms and the Incorporated Policies. All of your activity on the Platform and all of your transactions with Rakota Inc, including all events that occurred before your acceptance of these Terms, are subject to these Terms. If you do not agree, you must immediately cease use of the Platform.

2. Modification of Terms

Rakota Inc reserves the right, at its sole discretion, to modify, replace, or supplement these Terms, the Privacy Policy, the Contest Rules, the Cancellation & Refund Policy, the Responsible Participation Policy, or any other Incorporated Policy at any time. The most current version of each document will be posted on the Platform. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after any modification constitutes acceptance of the modified terms. The most recent version to which you have agreed shall apply and supersede all prior versions. Where required by applicable law, we will provide advance notice of material changes.

3. Company Identity and Platform Ownership

SportStake is a registered trade name (“DBA”) of Rakota Inc, a corporation organized under the laws of the State of Delaware. Rakota Inc owns and operates:

• The website located at sportstake.co;
• The SportStake mobile application;
• All associated subdomains;
• Application programming interfaces (APIs);
• Software systems and source code;
• Data feeds and statistical models;
• Customer accounts and ledgers;
• All related services.

All intellectual property, software architecture, scoring systems, contest formats, branding, trademarks, trade dress, logos, and proprietary systems are owned by or licensed to Rakota Inc.

4. Nature of the Platform and Skill-Based Structure

4.1 Skill-Based Contests

The Platform provides skill-based fantasy sports contests in which Users make selections based on the projected real-world statistical performance of professional athletes. Outcomes are determined by the relative skill of participants in evaluating athlete performance against statistical projections.

4.2 Determination of Outcomes

Contest outcomes are determined exclusively by objective real-world statistical performance reported through official data feeds from recognized third-party providers. No randomization, simulated outcomes, house-controlled odds, or chance-based mechanisms determine results.

4.3 No House Participation

Rakota Inc:

• Does not compete against users;
• Does not set or influence athlete performance outcomes;
• Does not manipulate scoring or results;
• Does not alter or back-fit statistical performance after settlement, except to correct demonstrable errors as set forth in Section 12.

4.4 No Financial, Investment, or Legal Advice

The Platform does not provide financial, investment, wagering, tax, or legal advice. Participation involves financial risk. Users may lose entry fees. Nothing on the Platform should be interpreted as a recommendation to enter any specific contest or wager any specific amount.

5. Eligibility and Ongoing Verification

5.1 Minimum Age

You must be:

• At least 18 years old; or
• At least 19 years old if physically located in Nebraska.

5.2 Jurisdiction

You must be physically located, at the time of each contest entry, in a jurisdiction where participation in skill-based fantasy contests is lawful. Use of VPNs, proxy services, geolocation masking, mock-location services, or any other method of disguising your physical location is strictly prohibited and constitutes grounds for immediate account termination and forfeiture of funds. Participation in SportStake’s contests is currently permitted within the following states: (1) Alaska; (2) California; (3) Georgia; (4) Kentucky; (5) Minnesota; (6) Nebraska (19+); (7) New Mexico; (8) North Carolina; (9) North Dakota; (10) Oklahoma; (11) Oregon; (12) Rhode Island; (13) South Carolina; (14) South Dakota; (15) Texas; (16) Utah; (17) Wisconsin; and (18) District of Columbia. Eligible jurisdictions may change at any time without notice.

5.3 Representations and Warranties

By creating an account and entering any contest, you represent and warrant that all of the following are true at the time of each contest entry:

• You are the minimum eligible age set forth in Section 5.1;
• You are a citizen or legal resident of the United States with a valid United States address;
• You are physically located in an eligible jurisdiction as set forth in Section 5.2;
• You are not listed on any U.S. Government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals list;
• You are not prohibited from participating in skill-based fantasy contests pursuant to any court order, voluntary self-exclusion, or regulatory directive;
• You are not an employee, officer, director, or contractor of Rakota Inc, nor an immediate family member of any such person residing in the same household;
• You are not an employee, operator, contractor, or affiliate of any other fantasy sports, daily fantasy, sports betting, or sweepstakes-based platform, in any role that would give you access to non-public, pre-release, or confidential athlete, contest, or scoring information;
• You are not an athlete, coach, referee, official, team owner, team executive, team physician, league employee, league commissioner, or other person whose participation could influence the outcome of any athletic event from which athletes are selectable on the Platform;
• You do not have access to non-public, pre-release, confidential, or proprietary data regarding any contest offered on the Platform;
• You will not use the Services for any illegal, unlawful, or improper purpose, nor in violation of these Terms or any Incorporated Policy;
• All information you provide during registration and ongoing use is accurate, current, and complete.

5.4 Ongoing Verification

Eligibility is a continuous obligation and may be reassessed at any time. Rakota Inc may require, at any time, that you provide:

• Government-issued photo identification;
• Proof of current physical address;
• Date of birth and Social Security number for identity verification, tax reporting, and anti-money-laundering compliance;
• Geolocation confirmation through GPS, IP, Wi-Fi, or other location-determining technologies;
• Payment method validation, including last-four card or account digits, billing address, or processor-side verification;
• Selfie verification or other liveness checks;
• Any other information reasonably necessary to comply with applicable law or to evaluate fraud, AML, or eligibility concerns.

Failure to complete verification within the period requested may result in deposit restrictions, withdrawal delays, account suspension, forfeiture of contest entries, withholding of winnings, or permanent termination of the account, in Rakota Inc’s sole discretion.

5.5 Discontinuation in a Jurisdiction

Rakota Inc may, at its sole discretion, discontinue Services in any jurisdiction at any time. In the event of discontinuation, Rakota Inc reserves the right to terminate contests in progress, restrict account use, and provide refunds as required by applicable law. Under no circumstances shall Rakota Inc be required to refund or pay any amount with respect to a terminated contest other than the entry fee.

6. Account Creation, Registration, and Security

6.1 One Account Per Individual

Each natural person may establish, maintain, use, and control only one account on the Platform. Each account may only be owned, maintained, used, and controlled by one individual. Co-ownership, account sharing, account selling, account renting, account trading, syndicate play, and proxy play are strictly prohibited. If Rakota Inc determines, in its sole discretion, that you have opened, maintained, used, or controlled more than one account, or permitted any other person to use your account, Rakota Inc reserves the right to suspend or terminate any or all of your accounts; void contest entries; withhold, revoke, or reclaim winnings; and forfeit all balances.

6.2 Registration Data

To register, you must provide accurate, current, and complete information about yourself (“Registration Data”), including:

• Legal first and last name;
• Valid email address;
• Date of birth;
• Physical residential address;
• Phone number;
• Social Security number (or equivalent taxpayer identification number);
• Such other information as Rakota Inc may reasonably require.

You must promptly update your Registration Data to keep it accurate, current, and complete. Providing false, misleading, or incomplete Registration Data is grounds for immediate account termination.

6.3 Credentials and Security

You must select a username and password at the time of registration. You may not use a username that promotes a commercial venture, infringes on the rights of others, or that Rakota Inc deems offensive in its sole discretion. You are responsible for:

• Maintaining the confidentiality of your credentials;
• All activity conducted under your account, whether or not authorized by you;
• Promptly notifying us of any suspected unauthorized access, security breach, or credential compromise;
• Not using the same password on the Platform that you use on any other website or service;
• Not sharing your credentials with any other person under any circumstance;
• Using only your own credentials to access the Platform.

Rakota Inc is authorized to act on instructions received through the use of your credentials, including contest entries, deposits, withdrawals, settings changes, and account closures. Rakota Inc shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials. Rakota Inc may require you to change your password or username at any time, may unilaterally change your username if it violates these Terms, and recommends that you change your password at least every six (6) months.

7. Deposits, Funds, and Financial Handling

7.1 Deposits

Deposits may be made only through approved third-party payment processors using a payment method registered in your name. You may not deposit funds using a payment method that does not belong to you, that you are not authorized to use, or that has been reported lost, stolen, or compromised. Rakota Inc:

• Is not a bank or financial institution;
• Does not offer credit, lending, or margin services;
• Does not insure deposits through FDIC, SIPC, or any other deposit insurance mechanism;
• Does not pay interest on user balances;
• Does not provide investment, brokerage, or money transmission services.

Rakota Inc may decline, reverse, or limit any deposit at its sole discretion, including for reasons of fraud prevention, AML compliance, processor restrictions, jurisdictional limits, or excessive risk.

7.2 Nature of User Funds

Funds held in user accounts:

• Are maintained for contest participation purposes only;
• Are not investment accounts, escrow accounts, savings accounts, or custodial accounts;
• Do not constitute a deposit relationship and are not insured by any government or private deposit insurance scheme;
• May be held in operational accounts maintained by Rakota Inc or its payment processors, subject to applicable accounting and compliance controls.

7.3 Segregation of Cash and Promotional Balances

User accounts maintain two distinct balance types: (a) cash balance, consisting of deposited funds and withdrawable winnings, and (b) promotional balance, consisting of promotional credits, bonuses, and incentive funds. Each contest entry must be funded from a single balance type. The Platform does not permit, and the Platform API will reject, any entry attempt that combines cash and promotional credits within a single entry. Users must designate the funding source at the time of entry submission.

7.4 Deposit Limits

Rakota Inc may impose deposit limits on individual users in accordance with applicable state law, processor restrictions, internal risk policies, or responsible-gaming determinations. Deposit limit determinations are made in Rakota Inc’s sole discretion.

8. Withdrawals and Compliance Review

8.1 General

Withdrawals are subject to:

• Identity verification (“KYC”);
• Anti-fraud and risk review;
• Anti-money-laundering (“AML”) review and reporting;
• Payment processor requirements and timing windows;
• Satisfaction of the playthrough requirement set forth in Section 9.9;
• All other applicable requirements of these Terms and applicable law.

8.2 Processing Timeframes

Rakota Inc will endeavor to process withdrawal requests within a commercially reasonable timeframe, typically within ten (10) business days after request submission. Rakota Inc is not responsible for delays caused by banks, card networks, payment processors, ACH systems, or other third parties outside of Rakota Inc’s direct control.

8.3 Authority to Delay or Reverse

Rakota Inc may delay, hold, partially fulfill, or reverse a withdrawal request where reasonably necessary to:

• Investigate suspicious activity or potential fraud;
• Complete identity verification or AML review;
• Recover funds associated with chargebacks, payment reversals, or processor disputes;
• Comply with regulatory directives, court orders, or law enforcement requests;
• Recover amounts owed by you to Rakota Inc for any reason, including offsetting fraudulent chargebacks or overpaid winnings.

Rakota Inc may require that withdrawals be returned to the original funding source. Once processing of a withdrawal request has begun, the request may not be canceled by you.

8.4 Withdrawal Limits

Rakota Inc may impose minimum and maximum withdrawal limits, daily or rolling withdrawal caps, or per-transaction limits at its sole discretion.

8.5 Withdrawable Balance

Only cash balance that has satisfied the playthrough requirement set forth in Section 9.9 is eligible for withdrawal. Promotional balance is not withdrawable except as converted to cash under Section 9.9.

9. Inactive Accounts, Administrative Fees, Bonus Expiration, Playthrough, and Unclaimed Property

9.1 Definition of Inactive Account

An account will be considered “Inactive” if the user has not:

• Logged into the Platform; and
• Entered a contest, deposited funds, or requested a withdrawal,

for a continuous period of twelve (12) months. Inactive status does not affect ownership of funds.

9.2 Advance Notice

At least thirty (30) days prior to assessing any administrative inactivity fee, Rakota Inc will send written notice to the email address associated with the account. The notice will include:

• The date inactivity began;
• The date administrative fees may begin;
• Instructions to reactivate the account.

No fee will be assessed if the account is reactivated during the notice period.

9.3 Administrative Inactivity Fee

If an account remains inactive after the notice period:

• An administrative fee of $5.00 USD per month may be deducted from the available cash balance;
• Fees will begin no earlier than thirteen (13) months after the last account activity;
• Fees apply only to cash funds held in the user’s account balance;
• Administrative fees are intended solely to offset account-maintenance and administrative costs associated with prolonged inactivity.

9.4 $10 Minimum Balance Protection

Administrative inactivity fees will never reduce a user’s cash balance below ten dollars ($10.00 USD). If the account balance is $10.00 or less:

• No further administrative fees will be assessed;
• The remaining balance will be preserved unless otherwise required by law.

Under no circumstances will the account balance become negative as a result of administrative fees.

9.5 No External Charges

Rakota Inc will never charge:

• Credit cards;
• Debit cards;
• Bank accounts; or
• Any external payment method,

for inactivity fees. Only funds already maintained within the Platform balance may be deducted.

9.6 Reactivation

Any of the following will immediately restore active status and halt future inactivity fees:

• Logging into the Platform;
• Entering a contest;
• Depositing funds;
• Requesting a withdrawal.

Prior administrative fees properly assessed will not be refunded upon reactivation.

9.7 Extended Inactivity and Unclaimed Property

Rakota Inc complies with all applicable unclaimed-property and escheatment laws. If an account remains inactive for the statutory abandonment period required under applicable law:

• Remaining balances may be reported and remitted to the appropriate governmental authority;
• Users must recover such funds directly from the applicable unclaimed property agency;
• Administrative fees will not be assessed once an account becomes reportable under applicable unclaimed property statutes;
• Rakota Inc may charge reasonable fees associated with the delivery of abandoned funds to the applicable state agency where permitted by law.

9.8 Promotional Bonus Funds Expiration

Promotional credits, bonus funds, and incentive balances are separate from user-deposited cash funds. Unless otherwise specified at the time of issuance:

• Promotional bonus funds expire forty-five (45) days after issuance if unused;
• Expired promotional credits will be automatically removed from the user’s account;
• Promotional credits have no cash value and are not withdrawable except as converted to cash under Section 9.9;
• Promotional credits are not subject to unclaimed property laws;
• Bonus expiration is independent of inactivity status;
• Promotional credits may not be used to redeem, claim, or unlock any promotion, offer, or incentive that requires usage of funds to redeem. Only cash balance may be applied toward such promotional requirements;
• Rakota Inc may revoke, void, or reclaim promotional credits at any time, including upon detection of bonus abuse, fraud, or multi-accounting.

9.9 1x Playthrough Requirement

All deposited cash funds and all winnings derived from contest entries funded with promotional credits are subject to a one-time (1x) playthrough requirement before becoming withdrawable. The playthrough requirement applies as follows:

Cash Deposits:

• Deposited cash funds must be wagered in at least one (1) contest entry before any cash balance becomes eligible for withdrawal.
• If the contest entered with deposited cash wins, the resulting winnings are fully withdrawable cash.
• If the contest entered with deposited cash loses, the deposit is consumed and no further action applies.

Promotional Credits and Bonus Winnings:

• If a contest entered with promotional credits loses, the credits are consumed and no further action applies.
• If a contest entered with promotional credits wins, the winnings are credited to the user’s cash account but are subject to a 1x playthrough requirement before becoming withdrawable.
• If the subsequent contest funded by bonus-derived winnings wins, those winnings are fully withdrawable cash.
• If the subsequent contest funded by bonus-derived winnings loses, the funds are consumed.

General Rules:

• Original promotional credit principal is never withdrawable under any circumstances.
• Playthrough progress is forfeited if the underlying bonus funds expire under Section 9.8.
• Each unit of funds requires only one (1) qualifying contest entry to satisfy playthrough; no minimum entry fee or odds threshold applies unless separately disclosed.
• Rakota Inc may modify the playthrough requirement prospectively at any time. Modifications will apply to deposits and bonuses issued after the modification date.

10. Contest Rules and Settlement Authority

10.1 Contest Disclosures

Each contest discloses, at minimum: the entry fee, prize pool or payout structure, scoring method, lock time, and any contest-specific eligibility limitations. Such disclosures form part of these Terms and are binding upon entry.

10.2 Settlement Authority

Rakota Inc reserves the authority to:

• Correct obvious pricing, payout, or contest-detail errors before or after settlement;
• Adjust scoring upon official statistical corrections issued by the underlying data provider;
• Void or rescore contests due to system failures, data feed corruption, or scoring engine errors;
• Cancel, suspend, or extend contests as required by regulatory directive, force majeure, or operational necessity;
• Void contests where insufficient participant thresholds are not met, where such thresholds are disclosed;
• Determine the validity of any tiebreaker, including in its sole discretion where rules are silent or ambiguous;
• Reverse, recover, or offset payments made in error, including from user balances.

Entry submissions that violate the single-funding-type requirement set forth in Section 7.3 will be rejected at the API and application layer and will not constitute a valid contest entry. The final decision and determination of contest outcomes shall be subject to the sole discretion of Rakota Inc, and Rakota Inc’s decisions are final and binding.

10.3 Entry Identity

In the event of a dispute regarding the identity of the person who submitted a contest entry, the entry will be deemed submitted by the registered user of the account from which the entry was placed. Rakota Inc reserves the right not to award winnings to any person it believes, in its sole discretion, did not personally submit the entry.

10.4 Tax and Affidavit Requirements

Winners may be required to provide an affidavit of eligibility, IRS Form W-9 or W-8, publicity release, or other documentation as a condition of receiving winnings above thresholds set by Rakota Inc or applicable law. Failure to provide such documentation within the time period requested may result in disqualification, forfeiture, or delayed payment.

11. Data Providers and Statistical Integrity

Statistical data, athlete projections, and game-state information are obtained from third-party data providers. Rakota Inc is not responsible for, and shall have no liability arising out of:

• Data feed interruptions, latency, or outages;
• Errors, omissions, or inaccuracies in third-party data;
• Subsequent provider corrections, reclassifications, or stat adjustments;
• Disputes between users and any third-party data provider.

Official provider corrections may result in score recalculations and payout reversals, in Rakota Inc’s sole discretion. You agree to cooperate with our efforts to reverse payments resulting from any such adjustment.

12. Cancellation, Disconnections, and Technical Errors

12.1 Right to Cancel

Rakota Inc reserves the right, in its sole discretion, to cancel, void, postpone, or reschedule any contest, with or without notice, and without further restriction. If you have paid an entry fee for a contest that Rakota Inc cancels or that you cancel in accordance with the Cancellation & Refund Policy, Rakota Inc will credit your account balance for the amount of the entry fee in the original funding type.

12.2 Disconnections, Bugs, and Technical Errors

Rakota Inc is not responsible for technical, hardware, network connection, software, or transmission failures, regardless of cause, including but not limited to:

• Server outages or platform unavailability;
• Lost, corrupted, late, garbled, misdirected, or incomplete entries;
• Connectivity losses on the user’s device, network, or carrier;
• Browser, mobile-app, or operating-system errors;
• Computer viruses, bugs, worms, or unauthorized intervention;
• Tampering, hacking, or exploitation of system errors by any user.

If the Platform, in Rakota Inc’s sole opinion, becomes corrupted or compromised in a manner that affects the administration, security, fairness, integrity, or proper conduct of contests, Rakota Inc reserves the right to disqualify any individual implicated; cancel, suspend, terminate, or modify any contest; reverse settlements; and select winners from eligible entries as it sees fit.

12.3 No Liability for Missed Deadlines

Rakota Inc shall not have any responsibility or liability for your failure or inability to meet a contest entry deadline, lock time, or other timing requirement, regardless of cause. Plan ahead and leave adequate time for any technical issues.

13. Prohibited Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful, improper, or prohibited by these Terms. Prohibited conduct includes, without limitation:

• Opening, maintaining, using, or controlling more than one account, or allowing any other person to use your account;
• Using or attempting to use automation, bots, scripts, scrapers, web crawlers, web harvesters, or any other automated means to access, monitor, or interact with the Platform, except for authorized API access provided directly by Rakota Inc;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Platform;
• Scraping, indexing, framing, mirroring, or copying any content from the Platform;
• Bypassing or circumventing any robot exclusion headers, rate limits, geolocation controls, or other access restrictions;
• Using IP proxies, VPNs, mock-location software, GPS spoofing tools, or any other method to disguise or misrepresent your physical location;
• Colluding with any other user, engaging in syndicate play, chip-dumping, or coordinating entries with another person to manipulate contest outcomes;
• Operating, controlling, or entering contests on behalf of multiple persons through a single account;
• Attempting to influence the outcome of any sporting event from which athletes are selectable on the Platform;
• Exploiting, attempting to exploit, or failing to disclose any bug, vulnerability, scoring error, or pricing error in the Platform;
• Engaging in bonus abuse, including but not limited to: creating multiple accounts to claim duplicate bonuses; collusive play to convert bonus credits to cash; abuse of referral or promotional programs; or any other conduct designed to circumvent the intent of any promotion;
• Attempting to circumvent the funding-type separation set forth in Section 7.3, including by API manipulation, request tampering, or coordinated entries from multiple accounts;
• Misrepresenting your identity, age, residency, location, or eligibility;
• Falsifying or providing materially inaccurate Registration Data or payment information;
• Using a payment method that is not registered in your own name or that you are not authorized to use;
• Initiating fraudulent chargebacks or payment disputes;
• Engaging in money laundering, structuring, terrorist financing, or any other financial crime;
• Selling, transferring, trading, or attempting to sell, transfer, or trade your account, credentials, Registration Data, or contest entries;
• Using or accessing an account, credentials, or Registration Data transferred from another user;
• Abusing, harassing, threatening, defaming, impersonating, or intimidating any other user, employee of Rakota Inc, customer-service representative, or third party;
• Posting, transmitting, or making available any content that is infringing, libelous, defamatory, obscene, pornographic, hateful, threatening, or otherwise unlawful;
• Soliciting personal or sensitive information from other users, including passwords, account numbers, or payment information;
• Posting unsolicited advertising, affiliate links, multi-level marketing solicitations, or spam;
• Distributing viruses, worms, Trojan horses, ransomware, or any other malicious code;
• Tampering with the administration of the Services, or attempting in any way to tamper with the computer programs or systems associated with the Services;
• Violating any applicable law, regulation, or court order, or encouraging conduct that would do so;
• Otherwise violating these Terms or any Incorporated Policy.

Rakota Inc, in its sole discretion, may disqualify you from any contest, restrict your access to all or any portion of the Services, void contest entries, refuse to award or require the return of winnings, suspend or terminate your account, and offset balances owed for any conduct it deems improper, unfair, fraudulent, or otherwise adverse to the operation of the Services or detrimental to other users. The forfeiture or return of any winnings shall in no way prevent Rakota Inc from informing the relevant authorities or pursuing criminal or civil proceedings.

14. Investigations and Enforcement Discretion

Rakota Inc may conduct investigations into suspicious activity, fraud risk, AML concerns, or compliance issues. Investigation may include reviewing account activity, requesting documentation, requiring identity re-verification, freezing balances pending review, and consulting with payment processors, law enforcement, regulators, or other operators. Rakota Inc may share information with payment processors, banks, regulators, law enforcement, and other operators as permitted by the Privacy Policy and applicable law. Enforcement decisions are final and made in Rakota Inc’s sole discretion.

15. User Content

15.1 Definition

The Platform may permit you to submit, post, upload, transmit, or otherwise make available content such as username, display name, profile information, comments, messages, leaderboard names, support communications, screenshots, photographs, video clips, ideas, and feedback (“User Content”).

15.2 Responsibility

All User Content is the sole responsibility of the person from which it originated. You represent and warrant that you have all rights necessary to submit User Content and that the User Content does not violate the rights of any third party. Under no circumstances will Rakota Inc be liable for any User Content.

15.3 License Grant

By submitting User Content, you grant Rakota Inc an irrevocable, perpetual, worldwide, royalty-free, fully sub-licensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, create derivative works of, and incorporate such User Content into other works, in any format or medium now known or later developed, for any purpose, including marketing and promotion of the Platform.

15.4 Moderation

Rakota Inc may, but is not obligated to, pre-screen, monitor, refuse, remove, modify, or relocate any User Content at its sole discretion, including for violation of these Terms, applicable law, or community standards. Rakota Inc is not the publisher or speaker of User Content and expressly reserves all protections afforded under 47 U.S.C. § 230 and analogous laws.

16. Beta Status and Service Interruptions

Portions of the Services may be offered in a beta, preview, or testing capacity. During beta operation:

• Features may change, be added, or be removed without notice;
• Contests may be modified or removed;
• Access may be restricted, throttled, or suspended;
• Bugs, defects, scoring errors, or unintended behavior may occur.

Rakota Inc does not guarantee uninterrupted, error-free, or secure access to the Services. Rakota Inc may modify or discontinue all or any portion of the Services at any time in its sole discretion, without notice.

17. Intellectual Property

All title, ownership, and intellectual property rights in and to the Platform, including all software, source code, object code, scoring algorithms, contest formats, statistical models, projections, user interface designs, graphics, audio, text, trademarks, service marks, trade names, trade dress, logos, and other content, are owned by Rakota Inc or its licensors. No user acquires any ownership rights through use of the Platform. Except as expressly authorized by Rakota Inc in writing, you agree not to copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, create derivative works of, or otherwise exploit the Platform or any portion thereof. All rights not expressly granted to you in these Terms are reserved by Rakota Inc.

18. Application License

Subject to your compliance with these Terms, Rakota Inc grants you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the SportStake mobile application on a device that you exclusively control and to run such copy of the application solely for your personal, non-commercial use. Rakota Inc reserves all rights in and to the application not expressly granted to you. You will not run any version of the application on a jailbroken, rooted, or otherwise compromised device. You agree to promptly download and install any new version of the application that is made available. Failure to update may expose you to security risks or service malfunctions.

19. Location Services and Push Notifications

19.1 Location Services

To determine your eligibility to use the Services, you agree to allow Rakota Inc and its service providers to determine your physical location using one or more reference points, including GPS, IP address, Wi-Fi triangulation, Bluetooth beacons, cellular tower data, and other location-determining technologies. If you disable location services, use VPNs or proxies, or otherwise prevent the Platform from accurately determining your location, you will not be able to access contest entry functions, and Rakota Inc reserves the right to suspend or terminate your account.

19.2 Push Notifications

The Platform may send push notifications and other messages regarding offers, contests, results, settlements, account activity, security alerts, promotions, and administrative messages. You may control push notifications through your device settings.

20. Links to Third Parties

The Platform may provide, and third parties may provide, links to other websites, applications, or resources. Rakota Inc has no control over such external resources and is not responsible for the availability, accuracy, content, advertising, products, services, or practices of any such external resource. Rakota Inc does not endorse and shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use of or reliance on any such external resource.

21. Responsible Participation and Self-Exclusion

21.1 Tools and Resources

Rakota Inc encourages responsible engagement and provides tools to support responsible participation, including:

• Deposit limits (daily, weekly, monthly);
• Entry-fee limits;
• Time limits and session reminders;
• Cooling-off periods;
• Self-exclusion periods of varying durations;
• Account closure on request.

21.2 Self-Exclusion

You may request a self-exclusion period through your account settings or by contacting customer support. Once self-exclusion is enabled:

• You will be prohibited from entering contests, depositing funds, or accepting promotional offers;
• Any real-money cash balance remaining in your account at the time of enrollment will be refunded to you within a commercially reasonable timeframe, subject to standard verification;
• Any promotional balance will be voided and not refunded;
• Any open contest entries at the time of enrollment will be settled in accordance with applicable law, with winnings either forfeited or paid depending on jurisdictional requirements;
• You may not open another account during the exclusion period;
• Any deposits, entries, or winnings inadvertently received during the exclusion period will be voided and may be forfeited.

21.3 Release

By enrolling in self-exclusion, you release Rakota Inc, its affiliates, officers, directors, employees, contractors, and agents, as well as the State and regulatory authorities of your jurisdiction, from any and all liability, claims, or damages of any kind arising out of or related to the self-exclusion enrollment, enforcement, or operation.

21.4 Third-Party Reports

Rakota Inc may, in its sole discretion, accept reports from third parties (including spouses, family members, or treatment professionals) regarding a user’s problematic gaming behavior and may take action including self-exclusion enrollment, account suspension, or account closure based on such reports.

21.5 Resources

If you or someone you know has a gambling problem, help is available. National resources include the National Council on Problem Gambling (1-800-GAMBLER) and state-specific helplines.

22. Taxes

Winnings may be subject to federal, state, and local taxation. You are solely responsible for filing and paying all applicable taxes on winnings, deposits, withdrawals, and any other amounts received from or paid to Rakota Inc. Rakota Inc does not provide tax advice, and nothing in these Terms or on the Platform should be construed as tax advice. To the extent required by applicable law, Rakota Inc may issue IRS Form 1099-MISC, 1099-K, W-2G, or other tax documentation to users meeting reportable thresholds. You authorize Rakota Inc to withhold from your balance any amounts that Rakota Inc determines must be withheld under applicable tax law. You agree to provide on request all information necessary for Rakota Inc to comply with its tax-reporting obligations, including current address, taxpayer identification number, and backup-withholding status.

23. Publicity License and Release

By entering any contest with a prize, you grant Rakota Inc and its service providers and business partners a perpetual, royalty-free, worldwide license to use your name, username, voice, likeness, image, photograph, video, biographical information, and location in connection with the development, production, distribution, promotion, and exploitation of the contest, other contests, and Rakota Inc generally, unless prohibited by applicable law. Rakota Inc may announce any winner’s name and contest results on the Platform, social media, marketing channels, or elsewhere at any time. You agree that participation in the contest and the opportunity to win constitute complete compensation for these rights, and you expressly release and waive any claims related to Rakota Inc’s use of this license. Rakota Inc may require a separate publicity release as a condition of payout for certain contests.

24. Communications and Information Practices

By registering for the Services, you consent to receive communications from Rakota Inc electronically, including email, SMS (where consented), push notification, and in-app messaging, regarding account activity, security, contests, settlements, and marketing. You may opt out of marketing communications by following the unsubscribe instructions in any such communication or by adjusting your account settings; however, transactional and account-related communications cannot be opted out of so long as you maintain an account. All communications shall be subject to the Privacy Policy.

25. Indemnification

You agree to release, indemnify, defend, and hold harmless Rakota Inc and its parents, subsidiaries, affiliates, and licensors, and each of their respective officers, directors, employees, contractors, agents, shareholders, and representatives (collectively, the “Indemnified Parties”), from and against any and all third-party losses, liabilities, expenses, damages (whether direct, indirect, special, consequential, exemplary, or punitive), costs (including reasonable attorneys’ fees and court costs), claims, demands, or actions of any kind arising out of or relating to:

• Your use of the Services;
• Your account, including any activity conducted under it;
• Your violation of these Terms or any Incorporated Policy;
• Your violation of any applicable law, regulation, or third-party right;
• Any User Content you submit;
• Your receipt, use, or misuse of any prize or winnings;
• Any acts or omissions on your part that implicate publicity rights, defamation, intellectual property, or invasion of privacy.

Rakota Inc reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate. You shall not settle any claim under this Section without the prior written consent of Rakota Inc.

26. Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. RAKOTA INC MAKES NO WARRANTY THAT:

• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED;
• THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR RELIABLE;
• THE SERVICES WILL MEET YOUR REQUIREMENTS;
• TRANSMISSIONS OR DATA WILL BE SECURE.

You acknowledge that Rakota Inc has no control over the conduct of users or third parties, the effect of contests on you, or the use you may make of any information obtained through the Services. The Services may contain or direct you to other resources containing information that some persons may find objectionable. Rakota Inc makes no representations concerning the content of, or accessible through, the Services.

27. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. BY ACCESSING, USING, OR DOWNLOADING THE SERVICES, YOU AGREE THAT NONE OF RAKOTA INC, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, OR LOST OPPORTUNITY, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH ACCESS TO, USE OF, OR RELIANCE ON THE SERVICES, EVEN IF ANY RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) TWO HUNDRED FIFTY DOLLARS ($250.00 USD), OR (B) THE TOTAL AMOUNT OF ENTRY FEES YOU HAVE PAID TO RAKOTA INC IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE YOU FIRST ASSERT ANY CLAIM.

The Released Parties assume no responsibility and shall not be liable for damages arising from viruses, bugs, human action or inaction, computer-system failures, phone-line or network failures, hardware or software malfunctions, or any other errors, failures, or delays. The Released Parties cannot and do not guarantee continuous, uninterrupted, or secure access to the Services.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you in full. In such jurisdictions, the liability of the Released Parties shall be limited to the fullest extent permitted by applicable law.

28. Termination and Suspension

Rakota Inc may, in its sole discretion and without notice or liability, suspend, limit, or terminate all or any portion of the Services or your account, at any time, for any reason or no reason, including:

• Breach of these Terms or any Incorporated Policy;
• Suspected fraud, AML risk, or compliance concern;
• Regulatory directive or court order;
• Inability to verify identity or eligibility;
• Discontinuation of Services in a jurisdiction;
• Operational, technical, or business reasons.

Upon termination, your right to use the Services ceases immediately. You may terminate your account at any time by contacting customer support at [email protected]. Termination by you does not relieve you of obligations accrued prior to termination. Rakota Inc may retain account data following termination as required by applicable law and the Privacy Policy.

29. Loss Recovery Waiver

For purposes of any loss-recovery act, statute, or claim, including claims created by state statutes for the recovery of putative gambling losses by you, your successors, your spouse, your heirs, or any third party, you agree that:

• Any losses incurred by you on the Platform are not gambling losses and are not recoverable under any such claim or statute;
• You expressly waive any and all claims to recover putative gambling losses;
• You have knowingly and voluntarily waived any and all such claims on your own behalf and on behalf of your successors, assigns, spouse, heirs, and any third parties attempting to recover any putative gambling losses.

30. Statute of Limitations

You and Rakota Inc agree that any claim or cause of action, regardless of form, arising out of or related to the Services, these Terms, or any Incorporated Policy must be filed within one (1) year after the act, omission, event, or occurrence giving rise to the claim, after which such claim shall be permanently time-barred, without regard to any longer limitations period that may otherwise be provided by law. This provision does not apply where prohibited by applicable state law.

31. Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms, there are no third-party beneficiaries to these Terms, except that these Terms are intended to cover and benefit any claims by your estate, spouse, heirs, children, or next of kin.

32. Initial Dispute Resolution Procedure

Before initiating any formal proceeding, you and Rakota Inc agree to attempt in good faith to resolve any dispute informally. The party initiating a dispute must give written notice to the other party describing the dispute and the relief sought. Notice to Rakota Inc must be sent to [email protected] with “Complaint” in the subject line, and must include:

• Your username and account email;
• Your legal first and last name;
• A detailed description of the dispute;
• All relevant dates and amounts;
• The specific remedy or action sought.

Upon receipt, the parties will engage in good-faith informal negotiations for a period of thirty (30) days. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as set forth in Section 33. This informal dispute resolution process is a condition precedent to any formal proceeding. Any applicable limitations period and filing deadlines shall be tolled during the informal process.

33. Binding Arbitration and Class Action Waiver Agreement

PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT REQUIRES YOU AND RAKOTA INC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS ONLY AND LIMITS THE MANNER IN WHICH YOU AND RAKOTA INC CAN SEEK RELIEF FROM EACH OTHER.

33.1 Federal Arbitration Act

If you reside in or access the Services from the United States, this Section 33 shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice-of-law provision in these Terms.

33.2 Scope

You and Rakota Inc agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to any deposit, withdrawal, contest entry, or transaction; your access to or use of the Services; or these Terms, the Privacy Policy, or any Incorporated Policy (each a “Dispute”) shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time arbitration is initiated. The arbitrator shall have exclusive jurisdiction to determine the scope, validity, enforceability, and arbitrability of this Section 33.

33.3 Individual Basis Only

YOU AND RAKOTA INC AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, AS A MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, OR MASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, IN ANY QUI TAM ACTION, OR UNDER ANY OTHER REPRESENTATIVE PROCEEDING. NO ARBITRATION UNDER THIS AGREEMENT SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION, PROCEEDING, OR CLAIM.

33.4 Location, Fees, and Procedures

Unless the parties agree otherwise, arbitration shall be conducted in Delaware or, at the user’s election, telephonically or by other remote electronic means. The AAA rules govern payment of arbitration fees. You shall not be required to pay arbitration fees in excess of $250 to initiate an arbitration under this Section. Each party shall bear its own attorneys’ fees unless otherwise awarded by the arbitrator. The arbitrator may award any remedies available in an individual lawsuit, except that the arbitrator may not award punitive, exemplary, incidental, indirect, or consequential damages, and the parties waive any right to recover such damages. The arbitration decision shall be in writing and shall include a concise statement of the reasoned award.

33.5 Batch Arbitration

To increase efficiency, in the event twenty (20) or more similar arbitration demands are submitted against Rakota Inc by or with the assistance of the same law firm or coordinated group of law firms within a sixty (60) day period, AAA shall group such demands into batches of no more than twenty-five (25) demands per batch, with each batch resolved as a single arbitration before a single arbitrator. The parties shall cooperate in good faith to implement such batching.

33.6 Small Claims Exception

Notwithstanding this Section, either party may bring a claim in small-claims court if the claim is within that court’s jurisdiction and proceeds on an individual basis.

33.7 Intellectual Property Exception

Notwithstanding this Section, claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents are not subject to arbitration, and either party may seek injunctive relief in a court of competent jurisdiction.

33.8 30-Day Opt-Out

IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH RAKOTA INC, YOU MAY OPT OUT OF THIS SECTION 33 BY SENDING WRITTEN NOTICE TO [email protected] WITH THE SUBJECT LINE “OPT-OUT” WITHIN THIRTY (30) DAYS OF FIRST AGREEING TO THESE TERMS. THE NOTICE MUST INCLUDE YOUR FULL LEGAL NAME, USERNAME, AND ACCOUNT EMAIL. OPT-OUT REQUESTS RECEIVED AFTER THE 30-DAY PERIOD ARE NULL AND VOID. IF YOU OPT OUT, ALL OTHER SECTIONS OF THESE TERMS REMAIN IN EFFECT, INCLUDING THE WAIVER OF JURY TRIAL AND CLASS ACTION WAIVER, TO THE EXTENT PERMITTED BY LAW.

33.9 Severability

If any provision of this Section 33 is found to be unenforceable, that provision shall be severed and the remainder of this Section shall continue in full force and effect. If the class action waiver in Section 33.3 is found unenforceable as to a particular claim or request for relief, then that claim or request shall proceed in a court of competent jurisdiction, but all other claims shall remain subject to arbitration.

34. Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES, THESE TERMS, OR ANY TRANSACTION BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY.

35. Governing Law

With respect to any claim or dispute pertaining to or arising from the Services or any contest, these Terms and the rights and claims of the parties shall be governed by and construed in accordance with the laws of the state in which Rakota Inc offered the contest and from which you properly accessed the Services. If you entered contests from more than one state, the law of each state shall apply to the contests you entered from that state. To the extent this governing-law provision is determined to be inapplicable or unenforceable, the governing law shall then be the applicable law of the jurisdiction in which the user who is a party to the dispute resides. This provision shall apply without regard to conflict-of-law principles and shall apply retroactively to any past contests you entered.

36. Force Majeure

Rakota Inc shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including:

• Acts of God, natural disasters, severe weather, earthquakes, fires, floods, hurricanes;
• War, terrorism, civil unrest, riots, insurrection;
• Pandemics, epidemics, or public-health emergencies;
• Strikes, labor shortages, or work stoppages;
• Actions of governmental authorities, regulators, or law enforcement;
• Internet, telecommunications, or utility outages;
• Data-provider failures, feed corruption, or scoring-engine errors;
• Cybersecurity incidents, denial-of-service attacks, or unauthorized intrusions;
• Any other force-majeure event.

Rakota Inc’s performance obligations shall be delayed until performance becomes reasonably practicable. If performance is no longer possible, Rakota Inc’s obligations shall be excused.

37. Notice and Procedure for Claims of Copyright Infringement

Rakota Inc respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that material on the Platform infringes your copyright or the copyright of a person on whose behalf you are authorized to act, please send a written DMCA notice to [email protected] containing the following:

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work claimed to have been infringed;
• A clear description of where the allegedly infringing material is located on the Platform;
• Your address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Misrepresentations in DMCA notices may result in liability for damages, including costs and attorneys’ fees. Rakota Inc may, in appropriate circumstances, disable or terminate the accounts of repeat infringers.

38. Additional Notice for California Consumers

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.

39. Mobile Application Marketplace Terms

If you download the SportStake mobile application from a third-party marketplace such as the Apple App Store or Google Play Store, you acknowledge that:

• These Terms are between you and Rakota Inc only;
• The marketplace operator is not a party to these Terms and is not responsible for fulfilling any obligations under them;
• As between Rakota Inc and the marketplace operator, Rakota Inc is responsible for the application and its content;
• Your use of the application must comply with the applicable marketplace terms of service;
• The marketplace operator has no obligation to provide maintenance or support for the application;
• The marketplace operator is not responsible for any product, warranty, or legal-compliance claims related to the application;
• The marketplace operator and its subsidiaries are third-party beneficiaries of these Terms solely for the purpose of enforcing this Section.

40. Age Restrictions and Minors

The Services are restricted to users who meet the minimum age requirements set forth in Section 5.1. The Services are not directed to, and may not be used by, individuals under those minimum ages. If Rakota Inc becomes aware that a user is under the minimum age, Rakota Inc will close the account, void all contest entries, and return any deposited funds (less any administrative costs permitted by law) to the source of deposit, subject to verification.

41. Assignment

Rakota Inc may assign these Terms, in whole or in part, to any parent, subsidiary, affiliate, successor-in-interest, or acquirer, without notice or consent. You may not assign, delegate, or transfer your rights or obligations under these Terms without Rakota Inc’s prior written consent. Any attempted assignment by you in violation of this Section is void.

42. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed and modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

43. Waiver

The failure of Rakota Inc to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver of any term of these Terms shall be deemed a continuing waiver of that term or any other term.

44. Section Titles

Section titles in these Terms are for convenience only and have no legal or contractual effect.

45. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including: company identity, intellectual property, user content license, indemnification, warranty disclaimers, limitation of liability, loss recovery waiver, statute of limitations, dispute resolution, arbitration agreement, class action waiver, waiver of jury trial, governing law, and these general provisions.

46. Entire Agreement

These Terms, together with the Privacy Policy, the Cancellation & Refund Policy, the Contest Rules, the Responsible Participation Policy, and any other Incorporated Policies, constitute the entire agreement between you and Rakota Inc with respect to the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written. In the event of a conflict between these Terms and any Incorporated Policy, these Terms shall control, except that the Arbitration and Class Action Waiver Agreement set forth in Section 33 shall prevail over any conflicting provision.

47. Contact Information

All notices, complaints, and inquiries should be directed to:

Rakota Inc — DBA: SportStake

Email: [email protected]

Thank you for using SportStake.