VideoPicks Terms of Service

1. Eligibility and Where You May Use the Services

1.1 Age. THE SERVICES ARE INTENDED SOLELY FOR INDIVIDUALS WHO ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER. By using the Services you represent and warrant that you are at least 21. If you are under 21 you may not use the Services under any circumstances, and we will delete any information we learn came from someone under 21.

1.2 Your jurisdiction. Sports wagering, and in some places the receipt of sports handicapping information, is regulated or prohibited in certain states, countries, and territories. You are solely responsible for determining whether your use of the Services, and any wager you choose to place elsewhere, is lawful where you are. We make no representation that the Services are appropriate or available in any particular location.

1.3 Who may not use the Services. You may not use the Services if we have previously suspended or blocked you, if you are prohibited from receiving services originating from the United States under applicable law, or if you are acting on behalf of anyone who is prohibited from using the Services.

1.4 One person, one number. The Services identify you by your mobile phone number. Each phone number may be used by one natural person only. You may not use a number that is not yours, share your number or verification codes with anyone, or use multiple numbers to obtain more than one promotional unlock.

2. What VideoPicks Is (and Is Not)

2.1 Informational sports analysis. VideoPicks publishes a daily board of rated games. When you unlock a square you receive our written analysis of that game and a short video walking through it (together, "Picks"). Picks are opinion and commentary about sporting events. They are provided for informational and entertainment purposes only.

2.2 Not a sportsbook. VIDEOPICKS IS NOT A GAMBLING OPERATOR, SPORTSBOOK, BETTING EXCHANGE, OR BOOKMAKER. WE DO NOT ACCEPT, PLACE, PROCESS, OR FACILITATE WAGERS OF ANY KIND. Stars cannot be wagered, and unlocking a square is not a bet.

2.3 No professional advice. NOTHING IN THE SERVICES IS PROFESSIONAL GAMBLING ADVICE, FINANCIAL ADVICE, INVESTMENT ADVICE, LEGAL ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. Sports wagering involves a substantial risk of loss. Any decision to wager, where you may lawfully do so, is yours alone and made at your own risk.

2.4 No guarantees, no record claims. We do not guarantee that any Pick will be correct or that following it will produce any particular outcome. Past results shown on the board (for example a square marked Won, Lost, or Push) describe what happened to that game and are not a claim about future performance, an overall record, a win rate, or an expected return. We make no such claims, and you should treat any statement of that kind found elsewhere as unauthorized.

3. Your Phone Number, Verification Codes, and Texts

3.1 Your number is your account. There is no username or password. Your mobile phone number identifies your wallet, your unlocks, and your Star balance. Keep it in your control. Anyone who can receive texts at your number can access your wallet.

3.2 Verification codes. To unlock a square or buy Stars we may text a one-time code to your number. Codes expire quickly and are for your use only. Never share a code with anyone; we will never ask you for one by phone or email.

3.3 SMS consent. By entering your number you agree to receive text messages from VideoPicks at that number, including verification codes, messages about the picks you unlock, and related offers. Consent to receive texts is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to any message to stop receiving texts; reply HELP for help or email help@videopicks.io. Carriers are not liable for delayed or undelivered messages.

3.4 Device session. After you verify, we place a cookie on your device so you can open your unlocks and wallet without a new code for a period of time. You are responsible for anything done from a device that holds your session. If you use a shared device, use the "Not you? Use another number" control in your wallet when you are done.

4. Stars

4.1 What Stars are. "Stars" are prepaid digital credits that you may redeem only within the Services, only to unlock squares on the VideoPicks board. Each square is sized from one to five Stars and costs its size to unlock.

4.2 No cash value. Stars are not money, currency, a stored-value instrument, a gift card, a deposit, a security, or property of any kind. Stars have no cash value and cannot be redeemed, exchanged, or converted for cash, credit, or anything of value outside the Services. We may change the Star price of squares, the size of packs, and the price of packs at any time.

4.3 Non-transferable. Stars are personal to the phone number that bought or received them. Stars may not be transferred, gifted, sold, traded, pooled, or assigned to any other person or number, and any attempted transfer is void.

4.4 Non-refundable. Stars are non-refundable once purchased, whether or not you have used them, except where a refund is required by applicable law. See Section 6.

4.5 Expiration. Unused Stars do not expire for as long as the Services remain in operation. If we discontinue the Services, unused Stars will be forfeited on the date the Services close; we will try to give at least thirty (30) days' notice on the site or by text before that date. Stars are also forfeited if we terminate your access under Section 10 for a violation of these Terms.

4.6 Ledger. We keep a per-number ledger of every Star credited and spent. Our records are the sole and conclusive record of your balance and your unlocks, absent manifest error. If you believe your balance is wrong, write to help@videopicks.io within thirty (30) days of the transaction in question.

4.7 Promotional Stars and the free first unlock. From time to time we may credit Stars you did not pay for, or open your first square at no charge. Promotional Stars and free unlocks are a courtesy, are limited to one per person and per phone number, may be withdrawn or changed at any time, carry no cash value, and are the first Stars spent from your balance. Creating or using multiple numbers to obtain more than one promotion is a violation of these Terms.

5. Buying Stars

5.1 Packs and pricing. Stars are sold in packs at the prices shown in your wallet at the time of purchase. Prices are in U.S. dollars unless stated otherwise and may include or exclude taxes as required by law. We may change pack sizes and prices at any time; changes do not affect purchases already completed.

5.2 Payment. Purchases are processed by Stripe, Inc. ("Stripe"). By buying a pack you authorize Stripe to charge your chosen payment method for the price shown, and you agree to Stripe's terms and privacy policy for that transaction. We do not see or store your full card number.

5.3 Delivery. Stars are delivered to the phone number associated with your purchase, usually within moments of a successful payment. If your Stars have not appeared within a reasonable time, pull down to refresh, then contact help@videopicks.io with the phone number you used.

5.4 Authorization. You represent that you are authorized to use the payment method you provide and that you are the person associated with the phone number receiving the Stars. We may reverse or hold any Stars purchased through unauthorized or disputed payments.

6. ALL SALES FINAL. NO REFUNDS.

ALL PURCHASES OF STARS ARE FINAL. EXCEPT WHERE A REFUND IS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE REFUNDS, CREDITS, OR EXCHANGES FOR ANY REASON, INCLUDING UNUSED STARS, A PICK YOU DISAGREE WITH, A PICK THAT LOST, A GAME THAT WAS POSTPONED OR CANCELED AFTER YOU UNLOCKED IT, A CHANGE OF MIND, A CHANGE IN PRICING, OR YOUR INABILITY TO USE THE SERVICES IN YOUR JURISDICTION.

When you buy a pack you acknowledge that the Stars are made available to you immediately, that you have requested immediate delivery, and that you therefore lose any statutory right of withdrawal that may otherwise apply to digital content.

Chargebacks. If you dispute a charge with your bank or card issuer rather than contacting us first, we may suspend your number and any remaining Stars while the dispute is open, and we may permanently close the wallet if the dispute is resolved in our favor. Please write to help@videopicks.io first; we answer every message.

7. Your License to the Picks; No Sharing

7.1 Personal license. When you unlock a square we grant you a limited, personal, non-exclusive, non-transferable, revocable license to view the Pick and its video on the Services for your own personal, non-commercial use.

7.2 No sharing or redistribution. You may not copy, download, record, screenshot, transcribe, forward, post, publish, broadcast, resell, sublicense, or otherwise share or redistribute any Pick, video, analysis, or other content from the Services, in whole or in part, to any other person or platform, whether for free or for payment. This includes group chats, social media, Discord or Telegram channels, newsletters, and "pick sharing" services. Each unlock is for one person: you.

7.3 Enforcement. Content may carry visible or invisible marks tied to the number that unlocked it. We may suspend or terminate any number that shares content, without refund, and pursue any other remedy available to us.

8. Intellectual Property

8.1 Ownership. The Services and everything in them, including the Picks, videos, scripts, voice, ratings, star sizes, the board, software, designs, logos, the VideoPicks name and mark, data compilations, and trade secrets ("VideoPicks IP"), are owned by SkyBurst Technology, Inc. or its licensors and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers any VideoPicks IP to you.

8.2 Limited license to the site. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

8.3 Feedback. If you send us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

8.4 Third-party marks. Team, league, and sportsbook names and logos belong to their owners and are used for identification only. VideoPicks is not affiliated with or endorsed by any league, team, or sportsbook unless expressly stated.

9. Prohibited Uses

You agree not to, and not to help anyone else to:

• use the Services if you are under 21 or where doing so is unlawful;
• share, redistribute, resell, or publicly post Picks, videos, or any other content (Section 7);
• use a phone number you do not control, or more than one number, to obtain promotional Stars or free unlocks;
• share verification codes or sessions, or access another person's wallet;
• scrape, crawl, harvest, or bulk-download any part of the Services, or use bots, scripts, or automated means to access them;
• circumvent, disable, or interfere with any security, rate limit, paywall, or unlock mechanism;
• reverse engineer, decompile, or attempt to derive the source code, models, or methods behind the Services;
• introduce viruses, malware, or any harmful code, or overload or disrupt the Services;
• impersonate VideoPicks or any person, or misrepresent your affiliation with anyone;
• use the Services to violate any law, including gambling, consumer protection, or telemarketing laws;
• initiate a chargeback in bad faith or otherwise commit payment fraud;
• send abusive, threatening, or harassing messages to our team. Support is a two-way conversation and we expect it to stay professional; we may suspend a number that abuses it.

10. Suspension and Termination

10.1 By us. We may suspend or terminate your access to the Services, block your phone number, and forfeit any Star balance, immediately and without notice, if we reasonably believe you have violated these Terms, abused a promotion, shared content, disputed a valid charge, or used the Services in a way that creates risk or possible legal exposure for us or others. We may also suspend the Services in whole or in part for maintenance or for any other reason.

10.2 By you. You may stop using the Services at any time. Text STOP to end texts, or email help@videopicks.io to ask us to close your wallet and delete your information (see the Privacy Policy). Closing your wallet forfeits any remaining Stars and does not entitle you to a refund.

10.3 Survival. Sections 4 through 8 and 11 through 17 survive any suspension or termination.

11. Sportsbook and Third-Party Offers

11.1 Third-party offers. After a square is unlocked the Services may show links, promo codes, or offers from third-party sportsbooks, prediction markets, or other operators ("Partners"). These are Partner offers, not ours. We may receive compensation when you follow a link or open an account with a Partner.

11.2 Eligibility varies by state. Each Partner sets its own eligibility rules, and availability differs by state and country. An offer shown to you is not a representation that you are eligible for it or that the Partner operates lawfully where you are. It is your responsibility to confirm eligibility before you register or wager.

11.3 Partner terms control. Your relationship with a Partner is governed solely by that Partner's own terms, privacy policy, and applicable law. We do not control Partners, are not responsible for their products, odds, payouts, promotions, or conduct, and are not a party to any transaction between you and a Partner.

11.4 Play responsibly. If you or someone you know has a gambling problem, call 1-800-GAMBLER. Wager only what you can afford to lose.

12. Disclaimers

THE SERVICES, THE PICKS, THE VIDEOS, THE BOARD, AND ALL OTHER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

WE DO NOT WARRANT THAT ANY PICK WILL BE CORRECT, THAT ANY VIDEO WILL BE AVAILABLE FOR ANY LENGTH OF TIME, THAT GAME TIMES, LINES, OR RESULTS SHOWN ARE ACCURATE OR CURRENT, OR THAT TEXT MESSAGES WILL BE DELIVERED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SKYBURST TECHNOLOGY, INC., ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, WAGERS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, ANY PICK, OR ANY WAGER YOU PLACE ANYWHERE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR STARS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

THESE LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US AND APPLY REGARDLESS OF THE THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless SkyBurst Technology, Inc., its affiliates, and their officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, any Pick, any wager you place, your violation of these Terms, your sharing of content, or your violation of any law or any right of a third party.

15. Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

15.1 Talk to us first. Before starting any formal proceeding, you agree to contact us at help@videopicks.io with a written description of the dispute, the phone number involved, and what you would like us to do. We will do the same if we have a dispute with you. The parties will try in good faith to resolve the dispute informally for sixty (60) days from that notice.

15.2 Binding arbitration. If the dispute is not resolved informally, you and SkyBurst Technology, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including its formation, enforceability, or scope, shall be resolved exclusively by final and binding arbitration before a single arbitrator administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section. The arbitrator may award the same individual relief a court could. Arbitration may be conducted by phone, video, or written submissions; any in-person hearing will be held in Delaware or, at your request, in the county where you live.

15.3 Fees. Filing, administrative, and arbitrator fees will be allocated under the AAA Consumer Arbitration Rules. If your claim is for less than $10,000, we will pay any filing fee above what you would pay to file in small claims court, unless the arbitrator finds your claim frivolous.

15.4 Class action waiver. YOU AND VIDEOPICKS 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. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court, not arbitration, and shall be stayed pending the arbitration of all other claims.

15.5 Small claims and injunctive relief. Either party may bring an individual claim in small claims court where permitted. Either party may seek injunctive or other equitable relief in court to protect its intellectual property.

15.6 Opt out. You may opt out of this arbitration agreement by emailing help@videopicks.io within thirty (30) days after you first use the Services, with your phone number and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

15.7 Jury waiver. To the extent any claim proceeds in court rather than arbitration, YOU AND VIDEOPICKS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict of law principles. Subject to Section 15, the state and federal courts located in Delaware have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction there.

17. General Terms

17.1 Changes to these Terms. We may update these Terms from time to time. We will post the revised Terms at videopicks.io/terms with a new "Last updated" date, and for material changes we may also notify you by text or a notice on the board. Your continued use of the Services after the revised Terms take effect means you accept them. If you do not agree, stop using the Services.

17.2 Changes to the Services. We may change, suspend, or discontinue any part of the Services, the board, Star pricing, packs, or content at any time. Section 4.5 governs Stars if the Services close.

17.3 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Services and supersede any prior agreements.

17.4 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

17.5 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

17.6 Assignment. You may not assign or transfer these Terms or any Stars. We may assign these Terms without restriction, including to an affiliate or a successor in a merger, acquisition, or sale of assets.

17.7 Electronic communications. You agree that we may send you notices about the Services by text to your number or by posting on the site, and that those notices satisfy any legal requirement that a communication be in writing.

17.8 Force majeure. We are not liable for any delay or failure caused by events outside our reasonable control, including carrier outages, hosting or payment provider failures, and game postponements.

17.9 Language. These Terms are written in English and translated into Spanish as a courtesy. If there is a conflict between the two, the English version controls.

18. Contact Us

Questions about these Terms or the Services: help@videopicks.io.

SkyBurst Technology, Inc., d/b/a VideoPicks, 251 Little Falls Drive, Wilmington, DE 19808.