1. Terms

Welcome to Gamercraft, a skill gaming technology company that creates and organizes tournaments for competitive gamers. Our Services include:

• Mobile and web applications ("Apps")
• Competitive gaming tournaments ("Tournaments")
• Backing Tournament experiences
• Our tournament organizing platform ("Platform")
• All related features and functionalities

Please read these Terms of Use ("Terms") carefully, as they govern your use of our Services.

These Terms are entered into between you and Gamercraft, Inc., a Delaware corporation with its principal office at 3301 Ponce de Leon Blvd Suite 300, Coral Gables, FL 33134.

By using the Services, you agree to these Terms. If you don't agree, you may not use the Services. We may modify these Terms at any time by posting the modified Terms on our platform or notifying you via email. Your continued use of the Services after modification constitutes acceptance of the modified Terms.

2. Privacy

We need information about you to provide the Services, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to understand what information we collect, how we use it, and what choices you have.

3. Use of the Services

3.1 Cheating and Fair Play

Gamercraft prohibits cheating and continuously improves our anti-cheat measures. For us, cheating is fraud. Cheating includes any action that attempts to or actually alters or interferes with the normal behavior or rules of a Service, including but not limited to:

• Accessing Services in an unauthorized manner (including modified or unofficial third-party software)
• Playing with multiple accounts for the same Service
• Account sharing
• Smurfing
• Win-trading
• Elo-sitting with intent to misrepresent skills
• Using techniques to alter or falsify device location (GPS spoofing)
• Selling or trading accounts
• Breaking the rules and codes of supported games

We may employ any lawful mechanisms to detect and respond to cheating, including checking your device for exploits or unauthorized software. Accounts suspected of cheating may be suspended or terminated.

3.2 Safe and Appropriate Use

You agree to use the Services safely and appropriately, at your own risk. You will not:

• Violate any applicable law, regulation, or Event policies
• Submit unlawful, inappropriate, or commercial content
• Provide inaccurate, misleading, or inappropriate information
• Encourage others to violate these Terms

3.3 Your Interactions with Other People

You agree to maintain safe and appropriate contact with other users. You will not harass, threaten, or violate the legal rights of others. You release Gamercraft and its affiliates from all claims arising from disputes with third parties related to your use of the Services.

3.4 Eligibility and Account Registration

To use our Services, you must:

• Be at least 18 years old
• Create an account ("Account")
• Have access to a supported device and internet connection

[CHANGE: Simplified age requirement to 18+ only]

You can create an Account using:

• Your email and phone number
• Your Discord account
• Other supported third-party accounts like Google, etc.

You are responsible for maintaining your Account security and all activities under your Account.

3.5 Account Suspension or Termination

We may suspend or terminate your Account at our discretion if you:

• Violate these Terms
• Engage in suspected fraud, cheating, or misuse
• Participate in any unlawful activity

You may terminate your Account by contacting support and following our deletion process.

3.6 Who May Use Our Services

You must be at least 18 years old to use any Gamercraft Services. This includes:

• Creating an account
• Participating in any tournaments (free or paid)
• Using Backing Tournament features
• Participating in the Partner Program
• Making deposits or withdrawals

Our Services are available only in jurisdictions where skill-based gaming is permitted. For a current list of approved countries and any regional restrictions, please visit our Help Center.

By using our Services, you represent and warrant that:

• You are at least 18 years old
• You are legally capable of entering into binding contracts
• You are located in an approved jurisdiction
• Your participation does not violate any applicable laws in your location

3.7 ESIC Integrity Program and Jurisdiction

All users of the Services, including participants in any tournament or event organised by Gamercraft, are required to comply with the Esports Integrity Commission (ESIC) Integrity Program, including the ESIC Corruption Code, Anti-Doping Code, Code of Conduct, and Disciplinary Code, as published on the ESIC website and amended from time to time (collectively, the 'ESIC Integrity Program').

These codes are incorporated by reference into these Terms and are binding on all participants. By using the Services, you agree to be subject to the jurisdiction of ESIC in relation to any alleged breaches of the ESIC Integrity Program.

Gamercraft will report suspected breaches of the ESIC Integrity Program to ESIC, which may, at its discretion, investigate and impose sanctions. Sanctions imposed by ESIC may include suspension from tournaments, bans from participation, and other penalties with global effect within the esports ecosystem.

Gamercraft may additionally impose its own sanctions for any integrity breaches and will fully cooperate with ESIC investigations.

4. Limited License to Use

Subject to your compliance with these Terms, Gamercraft grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and use the Apps solely for your personal non-commercial purposes. You may not:

• Copy, modify, or create derivative works
• Distribute, transfer, sublicense, lease, lend, or rent the Apps
• Reverse engineer, decompile, or disassemble the Apps
• Make the functionality available to multiple users

5. Product, Content and Content Rights

5.1 Content Ownership

Gamercraft and its licensors own all rights in the Services, including all content, features, and intellectual property. "Content" means all text, software, graphics, videos, and other materials made available through the Services.

5.2 Rights Granted by You

By making User Content available through the Services, you grant Gamercraft a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license to use your User Content in connection with operating the Services. You represent that you own or have rights to grant this license.

5.3 Virtual Goods, Credits, and Tournament Entries

5.3.1 Gamercraft Credits (GC)

Gamercraft Credits are loyalty points earned through platform participation. Key features:

• Earned through deposits, tournament participation, and platform activities
• Used exclusively within the platform for tournament entries and virtual goods
• No cash value - cannot be redeemed for real money
• Non-transferable between accounts
• Part of our loyalty program designed to reward active users
• Expiration 18 months after issuance

Earning Credits: You earn 1 GC per $1 deposited and 1 GC per $1 in tournament winnings, plus bonus credits through promotions.

Using Credits: Credits can be used to purchase Tournament Entry Tokens and other virtual goods within the platform.

5.3.2 Tournament Tickets

Tournament Tickets allow participation in paid-entry tournaments:

• Purchased using real money or Gamercraft Credits
• Non-refundable once used
• Non-transferable between users
• Subject to specific tournament rules

5.3.3 Subscriptions

We may offer subscription services with enhanced features. Terms for any subscription will be provided at the time of purchase.

5.4 Partner Program

Gamercraft offers a Partner Program for content creators and affiliates. Participation is subject to the separate Partner Program Addendum. Partners must be 18+ and comply with all applicable laws and program requirements.

6. Conduct and Prohibitions

You agree not to:

• Collect or store personal information without permission
• Extract, scrape, or index the Services
• Use the Services for commercial purposes not permitted by these Terms
• Use automation software, bots, or data mining tools
• Attempt to decipher, decompile, or reverse engineer our software
• Bypass security measures
• Infringe intellectual property rights
• Access non-public areas of our systems
• Interfere with Service operations
• Violate any applicable law

7. Participation in Tournaments and Events

7.1 Tournament Registration and Entry

"Events" means any online or in-person tournament, competition, league, or similar activity organized or hosted by Gamercraft. By registering or purchasing tournament entries, you represent and warrant that:

• All information provided is true and accurate
• You have authority to register team members if applicable
• You understand and accept the specific rules for each tournament

Tournament Entry Tokens and passes are:

• Non-refundable and non-transferable unless explicitly stated
• Subject to availability and capacity limits
• Void if obtained through unauthorized means
• Subject to published entry limits and restrictions

7.2 Tournament Formats and Winner Determination

Gamercraft offers various tournament formats, including but not limited to:

• Division-based tournaments: Winners determined by performance metrics and our proprietary scoring system
• Bracket and elimination tournaments: Winners determined through head-to-head matchups
• Backing Tournaments: Skill-based competitions where participants can support players

We use proprietary algorithms and scoring methodologies to evaluate player performance fairly. These systems consider factors including, but not limited to:

• In-game achievements and statistics
• Objective completion
• Skill-based performance metrics
• Role-specific contributions

7.3 Backing Tournaments

Backing Tournaments represent a unique competitive format where participants can support competitors through contributions. These contributions are:

• For entertainment and educational purposes only
• Made with no expectation of financial returns
• Subject to the comprehensive terms in the Backing Addendum

Full details regarding entry fees, prize distribution, competitive mechanics, and anti-cheat measures are provided in the Backing Addendum.

7.4 Tournament Conduct and Compliance

Participants must:

• Comply with all applicable laws and tournament-specific rules
• Follow venue policies and staff instructions for in-person events
• Maintain sportsmanship and professional conduct
• Complete check-in procedures as required
• Stream gameplay when required for transparency

We reserve the right to:

• Refuse admission or remove participants who violate these Terms
• Disqualify players for unsportsmanlike conduct or rules violations
• Modify tournament structures for competitive integrity
• Cancel or reschedule events with reasonable notice when possible

7.5 Tournament Features and Modifications

All tournament features, including schedules, formats, prizes, and special events, are subject to change or cancellation without notice. We will make commercially reasonable efforts to notify participants of material changes.

If a tournament is cancelled, suspended, or rescheduled and you cannot participate, you may be entitled to a refund of the entry fee at face value, with no additional compensation.

7.6 Recording and Publicity Rights

By participating in any Event, you grant Gamercraft the perpetual, worldwide right to:

• Record your gameplay, voice, and likeness
• Use your in-game name and statistics
• Publish competition results and rankings
• Create promotional content featuring your participation
• Share highlights on social media and marketing materials

These rights are subject to the same terms as outlined in Section 5.2.

8. Sweepstakes, Prizes, Contests, Raffles, Surveys And Similar Promotions

Promotions, sweepstakes, and contests are subject to additional terms communicated at the time of the promotion and in the specified places within our offerings and services.

9. Beta Programs

Beta testing is subject to confidentiality requirements. Beta Software is provided "as is" without warranty.

10. Third Party Websites and Programs

The Services may contain links to third-party websites, services, or content that we do not control. These links are provided for convenience only. We are not responsible for:

• The availability, accuracy, or content of third-party services
• Products or services offered by third parties
• Your interactions with third-party services
• The quality of third-party infrastructure (internet, mobile networks) affecting your Service use

You acknowledge and assume all risks arising from your use of third-party services. Your use of such services is governed by their terms and policies, not ours. We encourage you to review their terms before use.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• TITLE
• QUIET ENJOYMENT
• ACCURACY
• NON-INFRINGEMENT

WE DO NOT WARRANT THAT:

• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• Any defects will be corrected
• The Services are free of viruses or harmful components
• Any information obtained is accurate or reliable

YOU ASSUME ALL RISKS relating to your use of the Services, including risks of communication with other users. We do not screen users and make no representations about user conduct. You agree to take reasonable precautions in all interactions.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent prohibited by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

EXCLUSION OF DAMAGES:

Gamercraft and its affiliates, officers, directors, employees, agents, partners, and licensors will not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or opportunity
• Service interruption or loss of use
• Damage to reputation or goodwill
• Cost of substitute services
• Any damages exceeding the amounts you paid us in the 12 months preceding the claim

MAXIMUM LIABILITY:

In no event shall our total cumulative liability exceed the greater of:

• $1,000 USD
• The amount you paid us in the 12 months preceding the claim

These limitations apply regardless of: Legal theory (contract, tort, strict liability, etc.)|Whether we knew or should have known of potential damages|If limited remedies fail in their essential purpose

• The legal theory (contract, tort, strict liability, etc.)
• Whether we knew or should have known of potential damages
• Whether limited remedies fail their essential purpose

Some jurisdictions do not allow limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Dispute Resolution

EXCEPTIONS: This does not apply if you: (1) reside in the EEA or any jurisdiction prohibiting arbitration agreements, (2) opt out as described below, or (3) bring certain disputes listed in Section 13.1.

13.1 Arbitration

You and Gamercraft agree to resolve disputes through binding arbitration, except:

• (a) Small claims court actions
• (b) Injunctions for intellectual property protection ("IP Protection Actions")
• (c) Gamercraft may sue in any court for intentional misuse of its IP, products, or Services

You may opt out of arbitration by emailing [email protected] within 30 days of accepting these Terms ("Arbitration Opt-out Notice"). Without timely opt-out, you waive litigation rights except for (a) and (b) above.

The arbitrator cannot consolidate claims or preside over class proceedings. If the class waiver is unenforceable, this entire arbitration agreement is void. The arbitrator has exclusive authority to determine this agreement's scope, enforceability, and all related disputes.

13.2 Arbitration Rules

The arbitration will be administered by the International Games and Esports Tribunal ('IGET') in accordance with its Rules (the 'IGET Rules') then in effect, except as modified by this "Dispute Resolution" section. (The IGET Rules are available at https://www.iget.gg or by calling IGET.

13.3 Arbitrator Selection

Initiate arbitration with a written Request for Arbitration per IGET Rules. Parties select an arbitrator from IGET's roster within 30 days. If no agreement, IGET appoints one.

13.4 Arbitration Locations and Procedure

The seat of arbitration shall be the capital city of the state where you reside at the time the arbitration is initiated unless otherwise determined by the IGET Secretariat in accordance with the IGET Rules, taking into account all circumstances of the dispute. Where the seat of arbitration is located in the United States of America, the Federal Arbitration Act will govern the interpretation and enforcement of this Section. Unless you and Gamercraft otherwise agree, the arbitration will be conducted in a confidential manner, with any hearing or procedural conference taking place online or, if necessary, in a physical location reasonably accessible from where you reside as determined by the arbitrator. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Gamercraft submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the IGET Rules. Subject to the IGET Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The language of the arbitration shall be English.

13.5 Arbitrator Decisions

The arbitrator will render an award within the time frame specified in the IGET Rules. The arbitrator's decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator's award of damages must be consistent with the terms of Section 12 'Limitation of Liability' as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. Gamercraft will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys' fees and expenses if it prevails in arbitration.

13.6 Governing Law

Delaware law governs these Terms, excluding conflicts-of-law rules. For permitted court actions: exclusive jurisdiction in Delaware state courts (New Castle County) or federal court (District of Delaware). Parties waive jurisdictional objections.

EEA residents and those in jurisdictions prohibiting this clause retain local consumer protection rights.

13.7 Fees

Our responsibility to pay any IGET filing, administrative, and arbitrator fees will be solely as set forth in the IGET Rules. However, if your claim for damages does not exceed $5,000, Gamercraft will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Request for Arbitration was frivolous or was brought for an improper purpose.

13.8 Changes to This Section

Changes to dispute resolution after you accept these Terms may be rejected by emailing [email protected] within 30 days of the change. Rejection means disputes follow the version you originally accepted.

14. General

14.1 Entire Agreement

These Terms, together with any applicable Addendums (Backing Addendum, Partner Program Addendum) and our Privacy Policy, constitute the entire agreement between you and Gamercraft. They supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

14.2 Modifications and Waivers

We may modify these Terms at any time. Changes become effective upon posting unless otherwise stated. Your continued use constitutes acceptance. No waiver of any provision shall be effective unless in writing and signed by an authorized representative. Our failure to enforce any right or provision does not constitute a waiver of future enforcement.

14.3 Assignment and Transfer

You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation is null and void. We may freely assign these Terms without restriction or notice. Upon assignment, the assignee assumes all rights and obligations.

14.4 Severability and Survival

If any provision is held invalid or unenforceable:

• That provision shall be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision shall be severed
• All other provisions remain in full force and effect

The following sections survive termination: Content Ownership, Rights Granted by You, Disclaimers, Limitations of Liability, Dispute Resolution, and this General Terms section.

14.5 Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemic, labor disputes, or internet service disruptions.

14.6 Notices

Notices to Gamercraft must be sent to: [email protected] or our physical address. Notices to you will be sent to your registered email or posted on the Services. Email notices are deemed received when sent.

14.7 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship. You have no authority to bind Gamercraft in any manner.

14.8 Contact Information