Terms of Service

Introduction

Welcome to Brackd! These Terms of Service ("Terms") govern your access to and use of the Brackd website at brackd.app (the "Service"), operated by Linforth Solutions Inc. ("Brackd," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By creating an account, accessing, or using Brackd, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Linforth Solutions Inc.

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on this page. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 13 years of age to use our Service. By using Brackd, you represent and warrant that:

• You are at least 13 years old
• You have the legal capacity to enter into these Terms
• If you are under 18, you have obtained parental or guardian consent to use the Service
• You will comply with all applicable laws and regulations
• You have not been previously suspended or removed from the Service

We reserve the right to request proof of age at any time. If we discover that you do not meet the age requirements, we will terminate your account.

3. User Accounts

3.1 Account Creation

To access certain features of our Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies

4. Service Description

Brackd is a platform that allows users to:

• Create and share sports predictions
• Generate social media images and templates based on their predictions
• Purchase credits to access premium features
• Participate in prediction competitions and earn points

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

5. Credits and Payments

5.1 Purchase of Credits

Credits can be purchased through our Service to access premium features such as image generation. All payments are processed securely through Stripe, our third-party payment processor.

5.2 Pricing

All prices are displayed in US Dollars (USD) and are subject to change without notice. We reserve the right to modify our pricing at any time. Price changes will not affect credits already purchased.

5.3 Refund Policy

All sales are final. Credits purchased through the Service are non-refundable and non-transferable, except as required by law. We do not offer refunds for unused credits, partially used credit bundles, or any other digital purchases.

If you believe you were charged in error or experienced a technical issue with your purchase, please contact us at support@brackd.app within 7 days of the transaction, and we will investigate the matter.

5.4 Credit Expiration

Credits do not expire unless otherwise stated at the time of purchase. However, we reserve the right to implement expiration policies in the future with reasonable notice to users.

6. User Content and Ownership

6.1 Your Content

You retain ownership of any content you create, upload, or share through the Service, including predictions, images, and other materials ("User Content"). By submitting User Content to the Service, you grant Brackd a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Service.

6.2 Generated Images

Images generated through our Service using your predictions are owned by you. However, you grant Brackd a license to store, display, and use these images for the purpose of providing the Service, including showcasing examples of our platform's capabilities.

6.3 Content Standards

You agree that your User Content will not:

• Violate any applicable law or regulation
• Infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights
• Contain hateful, threatening, harassing, defamatory, or discriminatory content
• Contain spam, advertising, or promotional materials (unless authorized by us)
• Contain viruses, malware, or other harmful code
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, offensive, or harmful.

7. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Linforth Solutions Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks displayed on the Service ("Marks") are the property of Linforth Solutions Inc. You may not use these Marks without our prior written consent.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless expressly permitted by law.

8. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any unlawful purpose or in violation of these Terms
• Attempting to gain unauthorized access to any part of the Service, other users' accounts, or our computer systems
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Using any automated system (bots, scrapers, etc.) to access the Service without our express written permission
• Transmitting viruses, malware, or any other malicious code
• Collecting or harvesting any information from the Service or other users
• Impersonating another user or person
• Creating multiple accounts to abuse promotions or circumvent restrictions
• Engaging in any activity that could damage, disable, or impair the Service
• Attempting to manipulate the points or credit system through fraudulent means

9. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Brackd, including:

• Stripe: Payment processing
• Firebase: Authentication, database, and storage services
• PostHog: Web analytics

Brackd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Brackd shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party services.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Brackd does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRACKD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL BRACKD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO BRACKD IN THE 12 MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Brackd, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any User Content you submit, post, or transmit through the Service
• Your violation of any applicable law or regulation

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Linforth Solutions Inc. is registered, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations. If the parties cannot resolve the dispute through negotiation, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to bring any dispute in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brackd regarding the use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral.

16. Contact Information

If you have any questions about these Terms, please contact us: