SAYLESS Terms of Service
Last updated: July 20, 2026
These Terms of Service (the “Terms”) govern your access to and use of SAYLESS, including the SAYLESS mobile application, website, Challenges, Tournaments, Groups, balances, wallet-related features, and related services (collectively, the “Service”). The Service is operated by SAYLESS APP INC., a Delaware corporation (“SAYLESS,” “we,” “us,” or “our”).
Please read these Terms carefully. They contain important provisions about eligibility, financial commitments, dispute resolution, binding individual arbitration, and limitations of liability.
1. Acceptance of These Terms
By creating an account, accessing or using the Service, creating or joining a Challenge or Tournament, depositing USDC, submitting proof, participating in a Group, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy.
If you do not agree, do not use the Service.
We may ask you to accept an updated version of these Terms when we make material changes. Your use of the Service is also subject to rules, disclosures, fees, and instructions shown in the app for a particular feature or transaction. If feature-specific terms conflict with these Terms, these Terms control unless the feature-specific terms expressly state otherwise.
2. What SAYLESS Provides
SAYLESS provides technology that lets eligible users create and participate in user-defined, peer-to-peer, skill- and performance-based competitions. The Service may include:
- one-on-one Challenges;
- participant-entry Tournaments;
- Groups and social features;
- tools for committing balances, submitting proof, recording outcomes, resolving disputes, and receiving payouts; and
- deposit and withdrawal functionality using supported digital assets and networks.
Users—not SAYLESS—define the permitted activity, select or invite participants, establish the challenge terms, and participate in the applicable outcome process. SAYLESS does not compete against users, set betting odds, or take a financial position on which participant wins. SAYLESS may establish platform rules, eligibility requirements, technical limits, fees, and resolution procedures.
The availability of a text field, category, or other creation tool does not mean every proposed competition is permitted. All user-created terms remain subject to these Terms, applicable law, and SAYLESS review.
3. Eligibility and Accounts
You must be at least 21 years old and old enough to use the Service lawfully where you are located. You may use financially consequential features only while physically located in a jurisdiction in which SAYLESS makes those features available and in which your participation is lawful.
Unless SAYLESS expressly states otherwise, financially consequential features are intended only for eligible users physically located in the United States. Availability may differ by state, territory, feature, Challenge type, Tournament type, user, or time.
You represent and warrant that:
- all information you provide is accurate, current, and complete;
- you are using the Service for yourself and not for an undisclosed third party;
- you are not prohibited from using the Service under applicable law, sanctions, court order, employment restriction, league or governing-body rule, or other binding obligation;
- you will maintain only one account unless SAYLESS expressly authorizes otherwise; and
- you will not allow another person to access or transact through your account.
You may not sell, transfer, lend, or share your account; create an account for another person; use another person’s account; create multiple accounts to gain an advantage; or evade a suspension, restriction, eligibility control, transaction limit, or enforcement action.
You are responsible for activity under your account and for securing your email, login methods, devices, wallets, recovery methods, and payout addresses. Notify us promptly at support@sayless.gg if you believe your account or a connected wallet has been compromised.
4. Identity, Age, Location, and Eligibility Verification
At registration, SAYLESS may rely on information you provide, including your self-certified date of birth. Acceptance of that information or enforcement of an age threshold against the date you submit does not mean SAYLESS has independently verified your identity, age, residence, or eligibility.
SAYLESS may, at any time, require information or documentation reasonably necessary to verify your identity, age, physical location, residence, eligibility, payment method or wallet ownership, source of funds, tax status, or compliance with law and these Terms. Verification may be performed by SAYLESS or a third-party service provider.
We may restrict new Challenges, deposits, balance commitments, withdrawals, payouts, or other account activity while verification is pending. If you fail or refuse to complete required verification, or if information you provide is inaccurate or cannot be verified, SAYLESS may restrict, suspend, or close your account, subject to applicable law and the balance-treatment provisions of these Terms.
The Service may use device location, network-derived location, account information, and other signals to determine feature availability. You may not use a VPN, proxy, emulator, mocked location, GPS spoofing, remote-access tool, false information, or any other method to conceal your location or evade eligibility controls. If we cannot establish that you are in an allowed location, we may block or delay financially consequential activity.
5. Permitted Challenges
Every financially consequential Challenge or Tournament must be based on the skill, performance, conduct, achievement, or participation of at least one actual financial participant. Chance may not determine or predominate in the outcome.
A financial participant may compete directly against another participant’s performance without personally performing the underlying activity. For example, one participant may back their own performance while another participant takes the opposing side. However:
- at least one financial participant must personally perform or complete the activity being challenged;
- every person committing a balance must be a direct party to that Challenge or an entered participant in that Tournament; and
- no person may stake on an event involving only third parties.
Challenge terms must be sufficiently clear to identify the required activity, participants, timeframe, proof expectations, and method of determining the outcome. You are responsible for reviewing and understanding those terms before accepting or entering.
6. Prohibited Challenges and Conduct
You may not create, join, fund, promote, resolve, or facilitate:
- spectator staking or financial participation by someone who is not a party to the Challenge or an entered Tournament participant;
- wagers or predictions concerning third-party events, including professional or amateur sports, third-party athlete statistics, esports matches involving other competitors, elections, award shows, weather, economic indicators, securities, commodities, or digital-asset prices;
- lotteries, raffles, casino-style games, random drawings, random-number outcomes, coin flips, or other chance-based activities;
- illegal activity, fraud, collusion, cheating, match fixing, outcome manipulation, money laundering, sanctions evasion, or deceptive conduct;
- activity that encourages or creates an unreasonable risk of physical injury, self-harm, violence, weapons misuse, intoxicated driving, illegal drug use, or other dangerous conduct;
- challenges involving minors, non-consenting people, animal abuse, sexual exploitation, harassment, threats, hate, doxxing, private information, or violations of another person’s rights;
- challenges based on medical treatment decisions, unsafe weight loss, financial trading instructions, or other activity SAYLESS determines is unsafe or unsuitable; or
- any activity prohibited by SAYLESS, an app store, applicable law, or a governing body whose rules bind a participant.
You also may not interfere with the Service; scrape or reverse engineer it except where the law expressly permits; introduce malware; exploit errors; automate participation without authorization; manipulate referrals, reports, rankings, or balances; impersonate another person; submit false proof; harass other users; or use the Service for an unlawful commercial purpose.
SAYLESS may reject, remove, cancel, void, investigate, or restrict a Challenge or Tournament that appears to violate these Terms even if the app initially allowed it to be submitted or accepted.
7. Challenge Balance and Withdrawable Balance
The Service may display two balance categories:
Challenge Balance is a purpose-limited internal balance that may be committed to eligible Challenges and Tournaments. Challenge Balance is not legal tender, a bank or deposit account, a general-purpose payment account, an insured balance, or a self-custody wallet. It does not earn interest and is not ordinarily withdrawable directly.
Withdrawable Balance is the portion of your SAYLESS balance currently eligible to be requested for withdrawal, subject to these Terms, transaction minimums, displayed fees, verification, security review, sanctions screening, legal process, technical availability, and pending commitments or withdrawals.
When you commit an amount to a Challenge or Tournament, the Service may use one or both balance categories. Amounts committed to an accepted or active competition are unavailable for other use until the competition is resolved, voided, cancelled, or otherwise released under these Terms.
A winning payout is credited to Withdrawable Balance. When committed funds are returned without a winner—such as following a permitted cancellation, decline, void, tie, push, rejected entry, or failure to activate—the returned amount generally retains the same Challenge Balance and/or Withdrawable Balance classification from which it was committed. SAYLESS may depart from that treatment when necessary to correct an error, enforce promotional terms, comply with law, or address fraud or abuse.
Balances shown in the Service are based on SAYLESS records. If a display conflicts with SAYLESS’s transaction ledger or blockchain records, SAYLESS may investigate and correct the display or ledger as appropriate.
8. USDC Deposits and Blockchain Risk
The Service currently supports deposits of USDC on the Base network where the deposit feature is available. You must send only the supported asset, using the supported token contract and network, to the deposit address displayed for your account.
Sending an unsupported token, using the wrong network or contract, sending to an incorrect address, or using a service that cannot complete the transfer correctly may result in permanent loss. SAYLESS does not guarantee that mistaken or unsupported transfers can be identified or recovered.
Deposits are credited only after SAYLESS detects the transfer, determines that it is supported, and observes the required number of network confirmations. Confirmation requirements and processing times may change. We may delay, hold, reverse, correct, or refuse a credit affected by technical error, duplicate processing, blockchain reorganization, sanctions, fraud, unlawful activity, or an unsupported transaction.
USDC is a third-party digital asset designed to track the value of the U.S. dollar, but SAYLESS does not issue USDC and does not guarantee its value, liquidity, redeemability, reserves, or continued availability. Blockchain transactions may be delayed, censored, reorganized, or subject to congestion, smart-contract risk, protocol changes, outages, or fees.
Any deposit address made available through SAYLESS is an operational deposit address, not a general-purpose self-custody wallet for you. You should not use it to hold unsupported assets or for purposes unrelated to the Service.
9. Withdrawals and Automatic Payouts
You may request withdrawals only from Withdrawable Balance and only to a supported payout address you provide. You are responsible for confirming that the address is correct, is under your control, supports USDC on Base, and can receive the transfer. Blockchain transfers generally cannot be reversed after broadcast.
Instant withdrawals may be subject to minimums and fees displayed before you submit the request. SAYLESS may queue, delay, review, fail, refund, or cancel a withdrawal request when reasonably necessary for verification, security, error correction, sanctions screening, fraud review, wallet liquidity, technical availability, or legal process. A submitted request is not a guarantee of immediate broadcast or confirmation.
Where available, weekly automatic payout is enabled by default. If you have a positive Withdrawable Balance and an active default payout address, SAYLESS may automatically send the full available Withdrawable Balance to that address during a weekly payout run. SAYLESS does not charge a separate withdrawal fee for this scheduled payout unless a fee is disclosed before it applies.
You may disable future weekly automatic payouts in Wallet settings. Disabling the setting does not cancel a transfer or withdrawal request that has already been created, queued, submitted, or broadcast. A scheduled payout may be skipped or delayed if you lack a valid default address, have no positive Withdrawable Balance, are subject to review or restriction, or the payout service is unavailable.
SAYLESS is not responsible for loss caused by an incorrect or compromised payout address, an unsupported exchange or custodian, a third-party wallet restriction, or a blockchain or service-provider failure outside our reasonable control.
10. Fees
SAYLESS may charge fees for particular transactions or features. Any fee applicable to an action will be disclosed in the app or through the Service before the action is submitted, where reasonably practicable. Third-party wallets, exchanges, custodians, blockchain networks, and other providers may charge their own fees, which SAYLESS does not control.
We may change fees prospectively. A fee change will not retroactively change the agreed stake, pot, or payout structure of an already accepted Challenge or active Tournament except where required to correct an error or comply with law.
11. One-on-One Challenges
A one-on-one Challenge is created by one user and offered to one opponent. The creator selects the proposed terms, stake, deadline or resolve-by time, proof requirements, available resolution method, and any Group context. For a paid Challenge, the creator’s stake is committed when the Challenge is created.
The invited opponent is not financially committed until the opponent accepts and commits the required stake. Before acceptance, the creator may cancel and the opponent may decline. An unaccepted Challenge may also expire. Any permitted return is handled under Section 7.
Once the opponent accepts, the Challenge becomes an accepted financial commitment. Neither participant may unilaterally cancel merely because circumstances change, the participant expects to lose, or the participant requests account deletion. The Challenge must proceed through its agreed outcome, dispute, timeout, mutual-void, or platform-enforcement process.
12. Proof, Outcomes, Officiators, and User Disputes
SAYLESS may require proof for a Challenge or Tournament. Proof can include images, participant submissions, claims, results materials, timestamps, or other information supported by the Service.
You may not submit proof that is false, altered, stolen, misleading, AI-manipulated, out of context, unauthorized, or unlawfully obtained. SAYLESS may review proof, request additional information, remove or restrict proof, reject a submission, correct an outcome, or restrict an account when proof appears unreliable or violates these Terms.
For mutual-resolution Challenges, the participants submit outcomes. If their submissions match, SAYLESS may settle accordingly. If only one participant responds within the applicable submission period, the Service may accept that submission after the displayed or configured timeout. Conflicting submissions may place the Challenge into dispute.
For officiated Challenges, an accepted officiator may review the available submissions and decide the winner, tie, or void outcome. An officiator may not be a financial participant in the same Challenge. By selecting, accepting, or participating under an officiated resolution method, you agree to the officiator’s decision, subject to SAYLESS’s authority to investigate fraud, collusion, abuse, manifest error, technical failure, or legal concerns.
Where the app permits, participants in a disputed Challenge may nominate an officiator or mutually agree to a void. A dispute that remains unresolved through the applicable timeout may be voided or otherwise handled under the rules shown in the Service.
SAYLESS is not required to independently observe or verify every underlying activity, proof submission, or outcome. We may rely on participant submissions, accepted officiator decisions, backend records, timestamps, audit logs, reports, and other reasonably available evidence.
13. Tournaments
Tournaments are participant-entry competitions organized by a commissioner or another authorized host. A Tournament may include an entry fee, minimum and maximum participation, start conditions, proof requirements, a resolve-by time, a payout structure, and Group context.
Hosting and participation are separate roles. A commissioner may host and manage a Tournament without entering, paying an entry fee, contributing to the pot, or occupying a participant slot. If a commissioner chooses to participate, the commissioner is subject to the same displayed entry requirements and participant rules as other entrants.
Only entered participants may commit funds to or receive participant payouts from a Tournament. Tournament hosting does not permit spectator staking, staking on another person without entering, or taking a financial position against entrants.
A Tournament may remain pending until it reaches its applicable activation conditions. Entrants may be able to join or leave while it is pending. If minimum participation is not met or a permitted pre-activation cancellation occurs, the Tournament may be voided and entries returned under Section 7. After activation, an entrant may not withdraw merely because the entrant expects to lose or requests account deletion.
Participants may be required to submit claims and proof. The commissioner or accepted officiator may review claims, determine placements, and submit results proof. By entering, you agree to the payout structure and resolution method displayed for that Tournament, subject to SAYLESS review and correction rights.
14. Groups and Social Features
Groups let users organize competitions and community activity. Groups may be public, invite-only, or otherwise limited through features made available in the Service. Depending on the available tools, Group creators may manage Group details, members, moderators, join links, social links, and ownership. Authorized Group creators or moderators may host Group Tournaments.
A Group role does not override these Terms or give a user authority to bind SAYLESS. SAYLESS may remove content, members, roles, links, or Groups that violate these Terms or create legal, security, or safety concerns.
SAYLESS may mark a Group as verified, featured, or otherwise distinguished. Such a label reflects only the internal criteria or discovery treatment SAYLESS applies. It is not a guarantee of identity, legality, safety, skill, solvency, fairness, endorsement, or outcome reliability.
Groups are free to join unless the Service expressly displays a paid feature governed by additional or updated terms. External links, including Discord links, lead to services SAYLESS does not control and are governed by the third party’s terms and privacy practices.
15. User Content
“User Content” includes usernames, display names, profile images, Group names and descriptions, avatars, social links, Challenge titles and descriptions, categories, proof, Tournament claims and results, reports, feed posts, reactions, and other material submitted through the Service.
You retain any ownership rights you have in your User Content. You grant SAYLESS a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, transmit, format, moderate, remove, analyze, and otherwise use User Content as reasonably necessary to operate, secure, support, improve, investigate, enforce, and provide the Service. This includes displaying content to relevant users, processing outcomes, preventing fraud, handling reports, maintaining records, and complying with law.
You represent that you have all rights and permissions necessary to submit your User Content. You may not submit content that is illegal, infringing, defamatory, harassing, hateful, threatening, sexually explicit, exploitative, fraudulent, misleading, invasive of privacy, spam, malware, or otherwise prohibited by these Terms.
The Service may provide ways to delete or modify some User Content, but copies may remain in backups, financial records, dispute records, audit logs, or records retained for legal, safety, fraud-prevention, or enforcement purposes.
16. Reports, Blocking, Moderation, and Enforcement
SAYLESS may provide tools to report content or users, block users, hide content, and request support. You may not submit false reports, abuse reporting or blocking tools, retaliate against a reporter, or use moderation tools to manipulate an outcome.
SAYLESS may use user reports, manual review, transaction history, device and location signals, blockchain information, audit logs, and third-party service information to detect violations. We may remove or hide User Content; reject proof; cancel invitations; restrict Groups, Challenges, Tournaments, deposits, or withdrawals; require verification; correct balances or outcomes; suspend features; or terminate accounts.
Moderation and enforcement are not guarantees that SAYLESS will detect every violation or harmful user. Users remain responsible for their own conduct and interactions.
17. Intellectual Property
The Service, including its software, design, text, graphics, logos, interfaces, and other content provided by SAYLESS, is owned by SAYLESS or its licensors and is protected by intellectual-property laws. These Terms give you a limited, personal, revocable, non-exclusive, non-transferable right to use the Service for its intended purpose while you comply with these Terms.
If you believe content on the Service infringes your copyright or other rights, contact support@sayless.gg with identification of the protected work, the challenged material and its location, your contact information, a statement of your good-faith belief, and any other information reasonably needed to evaluate the complaint.
18. Suspension, Termination, and Account Deletion
SAYLESS may restrict, suspend, or terminate access when we reasonably believe there has been a violation of these Terms, fraud, collusion, cheating, abuse, sanctions exposure, unlawful conduct, security risk, material payment or wallet issue, or risk to users or the Service. We may preserve access to limited functions needed to resolve commitments, complete permitted withdrawals, or comply with law.
You may request account deletion through the app. A deletion request does not erase accepted financial commitments or allow you to escape a Challenge or Tournament after acceptance or activation.
When you request deletion:
- SAYLESS may cancel or decline activity that you have not yet accepted and return any releasable commitment under Section 7;
- you may not create, accept, or enter new Challenges or Tournaments while deletion is pending;
- accepted or active Challenges and Tournaments continue through their ordinary outcome, dispute, timeout, void, or enforcement process;
- you may be required to complete proof, outcome, officiator, or commissioner responsibilities needed to resolve existing activity; and
- deletion may remain pending until those obligations, positive Withdrawable Balance, and pending withdrawals are resolved.
Before final deletion, you must withdraw any positive Withdrawable Balance or allow any already initiated automatic payout to complete. SAYLESS does not confiscate Withdrawable Balance merely because you request deletion.
Once final-deletion conditions are satisfied, any remaining nonwithdrawable Challenge Balance may be forfeited after the disclosure and confirmation presented in the app, unless applicable law requires another treatment. Final deletion is permanent and may result in anonymization or removal of your profile and authentication record.
SAYLESS may retain financial records, ledger entries, Challenge and Tournament history, proof or dispute records, fraud-prevention records, tax records, audit logs, and other information that we are legally required or reasonably permitted to retain. Our Privacy Policy provides additional information about deletion and retention.
19. Corrections, Holds, and Platform Records
SAYLESS may investigate and correct a Challenge, Tournament, payout, return, deposit credit, balance entry, withdrawal, or other record affected by fraud, collusion, cheating, duplicate processing, security compromise, mistaken crediting or debiting, technical error, unsupported transactions, blockchain reorganization, chargeback or reversal risk, sanctions, legal process, or a violation of these Terms.
Any hold, reversal, correction, or adjustment should be reasonably related to the identified issue and is not a general right to confiscate Withdrawable Balance. We may request information and delay affected transactions while an investigation is pending.
SAYLESS’s backend ledger, transaction identifiers, timestamps, state records, and supported blockchain records are authoritative for determining Service balances and statuses, subject to correction of a demonstrated error.
20. Third-Party Services and App Stores
The Service depends on third-party infrastructure and services, which may include cloud hosting, authentication, notification, analytics, crash-reporting, blockchain, wallet, node/API, block-explorer, app-store, and community providers. Third-party outages, delays, errors, fees, policies, security incidents, or suspensions may affect the Service.
Your use of a third-party wallet, exchange, custodian, Discord server, app store, or other service is governed by that third party’s terms. SAYLESS is not responsible for a third party’s acts, omissions, availability, or security except to the extent required by law.
If you downloaded the app through Apple’s App Store, you acknowledge that these Terms are between you and SAYLESS, not Apple. Apple is not responsible for the Service, maintenance, support, warranties, claims, or intellectual-property disputes concerning the Service. Apple and its subsidiaries are third-party beneficiaries of this paragraph and may enforce it against you.
21. Taxes
You are responsible for determining, reporting, and paying taxes, duties, or other government charges associated with your use of the Service, including digital-asset transactions, payouts, winnings, losses, and fees.
SAYLESS may request tax information, issue tax forms, report information, withhold amounts, restrict activity, or retain records where required or permitted by law. SAYLESS does not provide legal, financial, investment, or tax advice.
22. Privacy and Electronic Communications
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. The Privacy Policy is separate from these Terms. If there is a conflict about the treatment of personal information, the Privacy Policy controls to the extent required by law.
You agree that SAYLESS may provide transactional and legal notices electronically, including by email, push notification, in-app message, or posting through the Service. Marketing communications are subject to applicable law and available opt-out rights. You are responsible for keeping your contact information current.
23. Service Changes and Availability
We may add, remove, suspend, or change Service features, supported jurisdictions, assets, networks, fees, minimums, limits, challenge mechanics, tournament mechanics, or integrations. We do not guarantee that any feature, Challenge, Tournament, Group, deposit method, withdrawal method, or third-party integration will always be available.
We may establish reasonable limits to protect users, comply with law, manage technical capacity, or address risk. We will not retroactively change the agreed outcome terms or payout structure of an accepted Challenge or active Tournament except to correct error, address fraud or abuse, comply with law, or enforce these Terms.
24. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SAYLESS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.
SAYLESS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT BLOCKCHAIN OR THIRD-PARTY TRANSACTIONS WILL COMPLETE; THAT USER CONTENT, PROOF, OR OUTCOMES WILL BE ACCURATE; THAT USERS WILL COMPLY WITH THESE TERMS; OR THAT ANY CHALLENGE OR TOURNAMENT WILL BE AVAILABLE, COMPLETED, LAWFUL IN EVERY JURISDICTION, OR PROFITABLE.
YOU ARE RESPONSIBLE FOR EVALUATING EACH CHALLENGE, TOURNAMENT, PARTICIPANT, WALLET, PAYOUT ADDRESS, AND THIRD-PARTY SERVICE. USE OF THE SERVICE INVOLVES THE RISK OF LOSING AMOUNTS COMMITTED TO A COMPETITION AND THE TECHNICAL AND MARKET RISKS ASSOCIATED WITH DIGITAL ASSETS AND BLOCKCHAIN NETWORKS.
Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAYLESS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, DATA, GOODWILL, OR OPPORTUNITY; DIGITAL-ASSET VALUE CHANGES; OR LOSSES ARISING FROM ANOTHER USER, THIRD-PARTY SERVICE, WALLET, EXCHANGE, BLOCKCHAIN NETWORK, UNAUTHORIZED ACCOUNT ACCESS, OR INCORRECT PAYOUT ADDRESS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SAYLESS AND THE OTHER PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID DIRECTLY TO SAYLESS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.
These limitations do not limit liability that cannot legally be limited, including liability for fraud, willful misconduct, or any other liability excluded from limitation by applicable law. The allocation of risk in this section is an essential basis of the agreement between you and SAYLESS.
26. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless SAYLESS and its directors, officers, employees, affiliates, contractors, licensors, and service providers from claims, liabilities, damages, judgments, losses, and reasonable legal fees arising from your User Content, your violation of these Terms or law, your fraud or misconduct, your infringement of another person’s rights, or a Challenge or Tournament you create or administer.
SAYLESS may control the defense of an indemnified claim, and you agree to reasonably cooperate. You may not settle a claim in a manner that admits fault by or imposes obligations on SAYLESS without our written consent. This section does not require a consumer to indemnify SAYLESS for SAYLESS’s own unlawful conduct.
27. Dispute Resolution and Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND SAYLESS TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES CLASS AND JURY PROCEEDINGS.
27.1 Informal resolution
Before starting arbitration or a lawsuit, you and SAYLESS agree to attempt to resolve the dispute informally for at least 30 days. Send a written notice to support@sayless.gg with the subject line “Legal Dispute Notice.” The notice must include your name, account email, a description of the dispute, and the relief requested. SAYLESS may send notices to the email associated with your account.
27.2 Agreement to arbitrate
Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and SAYLESS will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement.
The arbitrator may award the same individual remedies available in court. The arbitration may occur remotely, by written submissions, or in the county where you reside unless the parties agree otherwise. Fees will be allocated under the applicable AAA rules and law.
If AAA is unavailable or declines to administer the arbitration, the parties will attempt to select another nationally recognized arbitration provider. If they cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator under applicable law.
27.3 Exceptions
Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, prevent unauthorized access, address security abuse, or preserve the status quo while arbitration is pending. Government agencies may enforce applicable law notwithstanding this section.
27.4 No class proceedings
Disputes must be brought only in an individual capacity. Neither you nor SAYLESS may bring or participate in a class, collective, consolidated, or representative action or arbitration, except to the extent this restriction is prohibited by law. The arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual claim.
27.5 Arbitration opt-out
You may opt out of this arbitration agreement by emailing support@sayless.gg within 30 days after first accepting these Terms. Use the subject line “Arbitration Opt-Out” and include your full name, account email, and an unambiguous statement that you opt out of arbitration. Opting out will not affect your access to the Service or the other provisions of these Terms.
27.6 If arbitration does not apply
If you timely opt out, or if a dispute is found not subject to arbitration, the dispute will be governed by Delaware law without regard to conflict-of-law principles, except that mandatory consumer protections of your home jurisdiction remain applicable. You and SAYLESS consent to the personal jurisdiction of the state and federal courts located in Delaware, unless applicable law requires another forum. TO THE EXTENT PERMITTED BY LAW, YOU AND SAYLESS WAIVE A TRIAL BY JURY.
If part of this Section 27 is found unenforceable, it will be enforced to the greatest extent permitted. If the class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will proceed in court after the remaining arbitrable matters are resolved.
28. Changes to These Terms
We may update these Terms prospectively. If we make a material change, we will provide notice as required by law or as reasonably appropriate, such as by email, in-app notice, posting an updated version, or requesting renewed acceptance.
The version in effect when a Challenge or Tournament is accepted will generally govern that financial commitment, while later Terms govern later use. We may apply a later requirement to existing activity when reasonably necessary for safety, security, fraud prevention, legal compliance, or correction of an error.
If you do not agree to updated Terms, you must stop using the Service and may request account deletion subject to Section 18.
29. Miscellaneous
These Terms, the Privacy Policy, and any applicable feature-specific terms form the entire agreement between you and SAYLESS concerning the Service. If a provision is unenforceable, the remaining provisions remain in effect. SAYLESS’s failure to enforce a provision is not a waiver.
You may not assign these Terms or transfer rights under them without our written consent. SAYLESS may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or operation of the Service by an affiliate or successor.
SAYLESS is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, labor disputes, internet or cloud outages, blockchain failures, war, terrorism, civil unrest, government action, epidemics, or failures of third-party providers.
Section headings are for convenience only. The words “including” and “such as” mean “including without limitation.” Provisions that by their nature should survive termination—including those concerning balances, records, intellectual property, disclaimers, liability, indemnification, and disputes—will survive.
30. Contact
Questions about the Service or these Terms:
SAYLESS APP INC.
Email: support@sayless.gg
Privacy questions: privacy@sayless.gg