These Terms of Use (the “Terms”) and the Arbitration Agreement form binding agreements between You and SpeedLabs, Inc., (the “Company,” “Us,” or “We”) and govern Your access and use of www.speedsurvivor.com and www.speedlabs.dev and any related Company mobile applications - which include all of the text, images, audio, code, features, Contests (defined below), and other material they contain or provide (the “Platform”), and any transactions or dealings with Us, or other services (including third-party, co-branded or affiliated services) offered from time to time (collectively, the “Services”).
These Terms of Use supersede and replace all prior Terms of Use.
PLEASE READ CAREFULLY the following Terms of Use, the Arbitration Agreement and Class Action Waiver (see Section 16 below), the Company Privacy Policy, and the Contest Rules carefully before using the Services offered in connection with any Company services, website, or application.
Your continued use or access of the site or services shall be subject to these Terms of Use, which incorporate and include the Privacy Policy and the Contest Rules.
You represent and warrant that You have the right, authority, and capacity to accept these Terms and to abide by them, that You are at least 18 years of age (or the minimum age in Your state of residence, which may also be 19 or 21), and that You have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By checking the acceptance, or by accessing the Contests or creating a Customer Account, You confirm that You have read and agree to be bound by these Terms. If You do not agree with any provision of these Terms of Use or any other linked policy, rules, or terms, You must not check the box for acceptance and You must not use the Service.
All of Your activity on the Platform and all of Your transactions with Company, including all events which occurred before Your acceptance of these Terms, shall be subject to these Terms.
1Changes to Terms and Conditions and Related Policies
- We may periodically update or revise these Terms. Such changes will be reflected in the Terms on the Platform at Terms of Use. We may also, but shall not be required to, notify You via email regarding any material changes. Regardless of whether You receive or review such notifications, You agree to be bound by any updates or changes. It is Your responsibility to review the Terms of Use on the Platform regularly before accessing the Platform or using any Services. Continued use of the Services after changes are posted indicates Your acceptance of the revised Terms.
- Similarly, we may periodically update our Privacy Policy, and Contest Rules, which are part of these Terms. Any changes will be posted on the Platform. You agree to be bound by these updates and acknowledge that it is Your responsibility to review these policies on the Platform regularly before accessing the Platform or using any Services. Continued use of the Services after changes are posted indicates Your acceptance of the revised policies.
- In case of any conflict between these Terms, the Privacy Policy, or Contest Rules, these Terms will take precedence.
2Definitions
- “Content” means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other material used, displayed, or available as part of the Contests and Platform, as well as any Company-controlled social media pages.
- “Contests” means live, elimination-style skill-based prediction contests tied to real-world sporting events available on our Platform for cash entry fees and prizes.
- “Contest Rules” means the applicable Contest Rules in effect at the time as posted on the Platform.
- “Customer Account” means an account held by a Participant.
- “Excluded Territory” means, the States of as well as any outlying U.S. territories or possessions, and any other jurisdiction outside of the United States.
- “Fraudulent Conduct” means any conduct described in Section 10.A.
- “Inactive Account” means a Customer Account that has not recorded any logins or logouts for a period exceeding 12 consecutive months.
- “Participant” or “You” means any person who uses the Platform to register a Customer Account or participate in Contests.
- “Platform” means the services provided through any URL or mobile application belonging to or licensed to Company and branded as part of the “Company” family of contests, including the website located at www.speedsurvivor.com and www.speedlabs.dev and all subdomains, subpages, and successor sites thereof, as well as all Contests, features, tools, and services available thereon.
- “Prizes” means available cash prizes under the Contest Rules.
- “Terms of Use” or “Terms” means these terms and conditions, as amended from time to time.
- “Third Party Websites” means a third-party website not controlled by Company.
- “We,” “our,” or “Company” means SpeedLabs, Inc., located at 200 Varick Street, Suite 606, New York, New York 10014, and any related companies.
3Participation
- Restrictions. By participating, You affirm and warrant that:
- You are at least 18 years old (or the minimum age in Your state of residence, which may also be 19 or 21), and according to applicable laws, eligible to participate in the Contests.
- When engaging in the Contests, You do not access the Platform from Excluded Territories.
- You participate in the Contests solely on Your own behalf and not on behalf of any other person.
- All information provided to us is true, complete, and accurate, and You will promptly notify us of any changes to such information.
- Funds used to enter into, or participate in, the Contests are legally obtained and not from any illegal activity or source.
- You will not engage in fraudulent, collusive, or unlawful activities in connection with Your or others' participation in any Contests, nor use software-assisted methods or devices for participation. We reserve the right to void participation in case of such behavior.
- When paying entry fees, You must use only a valid payment method (or credit card, where applicable) that belongs to You.
- It is the Participant's responsibility to ensure that their use of the Platform complies with the laws of their jurisdiction. Any person knowingly in violation of this clause, including attempting to circumvent restrictions by using VPNs, proxies, or providing false location information, is in breach of these Terms of Use and may be committing fraud, subject to criminal prosecution.
- Eligible Participants. Employees and former employees (less than 3 years since cessation of employment) of Company, any of its respective affiliates, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Contests and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at for least 3 months of the year) are not eligible to participate.
- Contests. Each Contest on the Platform has its own rules, available on the Platform. It's Your responsibility to review and understand these rules before playing.
4Customer Account
- Single Account
- You may only possess one Customer Account on the Platform. Any attempt to create multiple Customer Accounts may result in the cancellation or suspension of all accounts, as outlined in Section 17.
- Should You discover You have more than one registered Customer Account on the Platform, You must promptly notify us.
- Accuracy. You must maintain accurate registration details. Any changes to Your contact or personal information must be promptly updated by contacting customer support email at support@speedlabs.dev to update Your details.
- Password. Upon registration, You will choose a password for accessing Your Customer Account. It's Your responsibility to safeguard Your login details and not disclose them to anyone. If Your password is compromised or lost, notify us immediately. We are not responsible for any abuse or misuse of Your Customer Account by third parties due to Your disclosure of Your login details to any third party, whether such disclosure is intentional or accidental, active or passive.
- Account Transfers. The sale or transfer of Customer Accounts is strictly prohibited. Any attempt to do so is in violation of these Terms of Use and may result in a lifetime ban from the Service and possible legal action.
- Inactive Customer Accounts. We reserve the right to deactivate Customer Accounts deemed an Inactive Account.
- Closing of Customer Accounts. You can request to close Your Customer Account at any time by contacting customer support via email at support@speedlabs.dev.
- You may request the reopening of Your Customer Account, subject to evaluation by our Customer Support and Compliance teams.
- Discretion to Refuse or Close Accounts. We reserve the right to refuse to open or close Customer Accounts at our discretion.
5Deposits, Entry Fees, Payments, Chargebacks
- Purchases & Payment Providers.
- You must only use a valid form of payment accepted by the Platform or its third-party payment processing provider(s) (“Payment Agent(s)”).
- By providing a payment method (e.g., credit card, debit card, bank account), You represent and warrant that it belongs to You and authorize the Company and its Payment Agents to initiate the charges, debits, credits, and holds necessary to process deposits, entry fees, refunds, and withdrawals.
- You can email support@speedlabs.dev for questions concerning refunds of purchases made through the Payment Agent in the Platform.
- Your purchase will be governed by the payment terms and conditions of the Payment Agent.
- You agree that our Payment Agents appointed by us from time to time may store Your method of payment details to process future purchases. By accepting these Terms, You authorize our Payment Agents to store Your payment credentials in compliance with applicable payment processing regulations.
- Payment Agents will have the same rights, powers and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to You for any loss, damage or liability resulting from the Payment Agent’s negligence and/or acts beyond the authority given by us.
- Entry Fees Are Final. All entry fees are non-refundable once a Contest has begun, except as expressly stated in the applicable Contest Rules or as required by law. The Company may, in its sole discretion, issue refunds or account credits.
- Platform Fee. We may retain a platform service fee from the entry-fee pool. Such platform fee will be clearly stated on the Platform for each Contest. The remainder of the pool is awarded to the Contest winner(s) as set forth in the applicable Contest Rules.
- Holds and Reviews. We may delay, withhold, freeze, or deny deposits, withdrawals, and prize payouts for fraud review, identity verification, chargeback risk, suspicious activity, regulatory compliance, or any other reason permitted by law.
- Chargebacks and Disputes. You agree not to initiate chargebacks or payment disputes that are fraudulent or made in bad faith. If You initiate such a chargeback or dispute, We may offset the disputed amount, plus any fees, penalties, and costs incurred, against Your Customer Account balance, future prizes, or other amounts owed to You; close or suspend Your Customer Account; cancel pending entries; and pursue any other remedies available at law or equity.
- Play-Through. Withdrawals are subject to a 1x play-through requirement on deposit and promotional balances. In the event of a promotion, cash deposits get spent first on entry fees, then the bonus/free credits.
- Inactive Accounts. We may apply administrative or inactivity fees to accounts that remain dormant for an extended period and may remit unclaimed balances in accordance with applicable unclaimed-property laws. Inactivity fees are only deducted from Your existing Account balance — never from external payment methods.
6Promotions
- General All promotions, including contests, special offers, and bonuses, are governed by these Terms of Use, the Binding Arbitration and Class Waiver Agreement, and the Contest Rules, along with any additional terms published at the time of the promotion.
- Promotion Management. Company reserves the right to withdraw or modify promotions without prior notice.
- Abuse of Promotions. If Company reasonably determines that a Participant is exploiting any promotion, including engaging in Fraudulent Conduct, to gain an advantage for themselves or others, we reserve the right, in our sole discretion, to withhold, deny, or cancel any benefits, bonuses, or Prizes. Additionally, we may suspend or terminate the Participant's Customer Account at our discretion.
7Intellectual Property
- Ownership and Use. The computer software, graphics, Platform, and user interface provided by Company or its associates are protected by copyright laws. You may only use the software for personal, recreational purposes, following all established rules, including these Terms of Use and the Contest Rules, and complying with all applicable laws.
- Ownership Acknowledgment . You recognize that Company owns or holds licenses for all intellectual property related to the Content.
- No Intellectual Property Rights. Your use of the Contests and Platform does not grant You any intellectual property rights over the Content, Contests, or Platform.
- License for User-Generated Content. By publishing or uploading any content to Company-controlled websites or social media pages, You grant Us, and represent and warrant that You the right to grant us, an irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any user Content and to incorporate the same in other works in any form, media, or technology now known or later developed, and without further acknowledgement of You as the author.
- Restrictions on Content Modification. You are prohibited from reproducing or modifying the Content, including removing copyright or trademark notices.
- Trademark and Logo Ownership. Trademarks and logos displayed on the Platform belong to their respective owners and are protected by trademark and copyright laws.
8Responsibility for User Generated Content
- You are responsible for complying with all laws applicable to Your Content. You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party’s rights.
- We may, in our sole discretion, delete any user Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any user Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk.
- You further hereby grant to us the unconditional, right to use and exploit Your name, likeness and any other information or material included in any user Content and in connection with any user Content or Your Customer Account, without any obligation to You. You waive any rights of attribution and/or any moral rights You may have in Your Content, regardless of whether Your Content is altered or changed in any manner except as prohibited by law.
- Prohibited Content or User Content that is prohibited in the Service includes, but is not limited to:
- User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harassing user Content;
- User Content of a sexual or offensive nature;
- User Content that promotes terrorism or religious hatred;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
- User Content of commercial nature without authorization from us; or
- User Content promoting the services of another business or competitor.
- If You see any material in the Service that in Your belief is offensive, hateful, harassing or that You otherwise think is prohibited, please notify us by contacting support@speedlabs.dev.
9Digital Millennium Copyright Takedown Policy
- In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Company will respond to properly submitted notices of alleged copyright infringement that comply with 17 U.S.C. § 512(c). If You believe that any material available on or through the Platform infringes Your copyright, You must provide a written DMCA notice including:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, including reasonably sufficient information to permit Company to locate the material;
- Your contact information, including name, address, telephone number, and email address;
- A statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf.
10Fraudulent Conduct
- Prohibited Actions. You will not, directly or indirectly:
- hack into any part of the Contests or Platform through password mining, phishing, or any other means;
- attempt to modify, reverse engineer, or reverse-assemble any part of the Contests or Platform;
- knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
- circumvent the structure, presentation or navigational function of any Contest so as to obtain information that Company has chosen not to make publicly available on the Platform;
- engage in any form of cheating or collusion;
- use the Services, Platform, or the systems of Company to facilitate any type of illegal money transfer (including money laundering proceeds of crime); or
- participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share:
- special offers or packages emailed to a specific set of participants and redeemable by URL; or
- identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading Company as to a Participant’s identity.
- Legal Compliance. You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to You. We monitor all transactions in order to prevent money laundering.
- Consequences of Suspected Fraud. If Company suspects that You may be engaging in, or have engaged in fraudulent, unlawful or improper activity, including money laundering activities or any conduct which violates these Terms of Use, Your access to the Services will be deactivated immediately and Your Customer Account may be suspended. If Your Customer Account is deactivated or suspended under such circumstances, Company is under no obligation to return/remit funds or Prizes that may be in Your Customer Account. In addition, Company may pass any necessary information on to the relevant authorities, other online service providers, banks, credit card companies, electronic payment providers or other financial institutions. You will cooperate fully with any Company investigation into such activity.
- Reporting Suspected Fraud. If You suspect any unlawful or fraudulent activity or prohibited transaction by another Participant, please notify us immediately via the means of communication listed in the Customer Complaints procedure (described in Section 15).
11Third Party Websites & Content
- The Service may contain links to content owned and/or operated by third parties, for instance third parties who may invite You to participate in promotional offers or rewards programs or third-party advertisers or payment providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.
- Our inclusion of a link to a third-party website, services or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.
- By accessing a third-party website, services or content, You accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from You. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. It is always best to read and understand the terms of services and privacy policies applicable to any third-party website, services or content You may access.
- We do not endorse, do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.
- If You use third party social networking websites to discuss the Service such as Facebook® Twitter® or Instagram®, You acknowledge and agree that:
- any content that You post on such social networking sites are subject to the relevant terms and conditions of that website;
- You will not post any comments that are false, misleading or deceptive or defamatory to us, our employees, agents, officers or other Participants; and
- we are not responsible or liable for any comments or content that You or others post on social networking sites.
- Apple App Store and Google Play Disclosure. Company is not sponsored, endorsed, administered by, or associated with Apple Inc. or Google LLC. Apple and Google:
- Are not responsible for the operation or administration of any Contests;
- Are not responsible for the awarding or fulfillment of any Prizes;
- Are not liable for any claims, damages, losses, or costs associated with your participation;
- Are not involved in any way in gameplay, Contest outcomes, or Prize determination.
- By participating in Contests through the iOS or Android app, you release Apple and Google from any claims arising out of your participation or prize receipt.
12Viruses
While we make every effort to ensure the Platform is virus-free, we cannot guarantee its absolute immunity. It is Your responsibility to safeguard Your systems and have provisions in place to reinstall any lost data or programs resulting from a virus.
13No Warranties
- The Service, including all content and user materials, is provided "as is" and "as available" without any express or implied warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We make no warranty:
- That the Service will be uninterrupted or error-free;
- That defects or errors in the Service will be corrected;
- That the Service will be free from viruses or other harmful components;
- Regarding the quality, accuracy, completeness, and validity of any information or materials in connection with the Service;
- That Your use of the Service will meet Your requirements; or
- That transmissions or data will be secure.
- Exceptions. Some jurisdictions do not allow the disclaimer, exclusion, or limitation of certain warranties, liabilities, and damages, so some of the above disclaimers, exclusions, and limitations may not apply to You. In such jurisdictions, our warranties and liability will be limited to the fullest extent permitted by applicable law.
- Malfunctions
- We are not liable for any downtime, server disruptions, lagging, or any technical or political disturbances to gameplay, nor for any attempts by You to participate using unauthorized methods.
- In the event of a Platform system malfunction, all gameplay on that Platform is void.
- If a Contest fails to conclude due to a system failure, we will credit the amount of the entry fee back to Your Customer Account. We reserve the right to correct Participant balances and account details to rectify such mistakes.
- We reserve the right to remove any part of the Contests from the Platform at any time. Any incorrect behavior affecting Prize withdrawals, Contest data, or cash balances may result in cancellation and removal from the Platform. Participant balances and Customer Account details may be adjusted in such cases to correct any errors.
- Changes. We reserve the right to suspend, modify, remove, or add Content to our application or Contests at our sole discretion, without notice. We will not be liable for any loss resulting from such changes or for any modification or suspension of, or discontinuance of, the application or Contests, and You will have no claims against us in such regard.
- Service Suspension. We may temporarily suspend the Service, in whole or in part, for any reason at our sole discretion. We may provide notice of such suspension to the extent practicable. We will restore the Service as soon as reasonably possible after such temporary suspension.
14Complaints and Customer Support
- To reach our Customer Support department, You can email us at support@speedlabs.dev.
- California consumers have specific rights under California Civil Code Section 1789.3. You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by phone at 1(800) 952- 5210.
15Initial Dispute Resolution Procedure
- Before pursuing any claims through arbitration, both parties must attempt to resolve the dispute informally. Here's the process:
- The initiating party must notify the other party in writing of their intent to resolve the dispute informally within 30 days.
- The initiating party must email us at support@speedlabs.dev with "Complaint" in the Subject Line and include:
- Your username;
- Your first and last name as registered on Your Customer Account;
- A detailed explanation of the complaint/claim;
- Any specific dates and times associated with the complaint/claim;
- The remedy or action You are seeking from Company.
- Upon receipt of Your Complaint, we'll aim to reply within 48 hours and resolve the issue within 30 days. If You're not satisfied after this process, You can pursue arbitration as outlined in Section 15 & 16. Both parties must engage in good faith negotiations before arbitration. Even if You opt out of arbitration, the Initial Dispute Resolution procedure remains in effect.
16Binding Arbitration & Class Action Waiver Agreement
Please carefully read this Arbitration & Class Action Waiver Agreement ("Agreement"). This Agreement establishes how any disputes between You and SpeedLabs, Inc. will be resolved through final and binding arbitration on an individual basis only, and solely for Your own losses. By agreeing to this Agreement, You are giving up Your right to proceed as part of a class or collective action or to seek relief on behalf of others. Arbitration means You cannot seek damages in court or present Your case to a jury.
- Acceptance of Terms. By accessing or using the Service or clicking to accept or agree to this Agreement, You agree to its terms. If You do not agree, You may not access or use the Platform or Service. This Agreement applies to all Your activity on the Platform and use of any Services, including transactions with Company, regardless of when they occurred.
- Scope of Agreement to Arbitrate. You and Company agree that any dispute arising from Your use of the Platform and Services, including claims related to this Agreement, the Terms of Use, the Contest Rules, or Privacy Policy, shall be resolved by arbitration. However, claims involving the unlawful use of intellectual property are exempted from arbitration.
- Separate Agreement. This Agreement stands independently from other terms and policies. Invalidity or illegality of other parts does not affect the validity of this Agreement.
- Initiating Arbitration. After the initial dispute resolution process, arbitration may be sought through the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitrator will have the authority to award remedies available in individual lawsuits.
- Option and Procedure to Opt-Out of Arbitration. You have the option to opt out of arbitration within thirty (30) days of entering this Agreement by emailing support@speedlabs.dev with the subject line "OPT OUT" and providing Your full name and address.
- Location of Arbitration and Applicable Rules. Arbitration will proceed individually, governed by AAA rules, with arbitration fees paid according to those rules. Arbitration will be held in the Delaware Court of Chancery.
- Waiver of Class Relief and Collective Action. Both You and Company waive the right to participate in class actions or collective arbitration. You can only arbitrate or litigate individually for Your own losses.
- Waiver of Jury Trial. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING FROM THE PLATFORM OR SERVICES.
- Severability. This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
17Deactivation / Limitation / Suspension of Account
- Company reserves the unilateral right to deactivate, limit, or suspend Your Customer Account without prior notification.
- Without limiting Section 17.A, we retain the discretion to deactivate or suspend Your Customer Account if we suspect or find that You have engaged, or are likely to engage, in the following activities:
- Breaching, or assisting another person to breach, any provision of the Terms of Use or Contest Rules
- Maintaining more than one Customer Account
- Providing false information during registration or verification including, but not limited to, name, state of residence, date of birth and/or any other identity details
- Your identity cannot be verified
- The name registered on Your Customer Account does not match the name on the financial/bank account and/or the credit/debit card(s) used to make purchases on the said Customer Account
- Participating from an Excluded Territory or under fraudulent circumstances
- Your communication with us through email, social media, or other means consists of harassment or offensive behavior or comments, including (but not limited to) threatening, derogatory, abusive or defamatory statements or remarks, libel, and/or publishing publicly such statements about Company or individuals associated with Company, including any violation of Section 8.
- Playing games in coordination or collusion with others or using automated systems to gain an unfair advantage
- Being involved in financial disputes or fraudulent activity
- You become bankrupt
- Exploiting system or data errors for personal gain
- You attempt to use Your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding Your citizenship, location or place of residence, or by playing Contests using the website through a third party or on behalf of a third party
- You have allowed or permitted (whether intentionally or unintentionally) someone else to participate using Your Customer Account
- Where Company has received a “charge back”, claim or dispute and/or a “return” notification via a payment mechanism used on Your financial/bank account or Customer Account.
- It is determined by Company that You have employed or made use of any system (including, but not limited to, machines, computers, software or other automated systems such as bots) designed specifically to gain an unfair advantage.
- In the event of deactivation or suspension under 17.B, You are liable for any resulting claims, losses, or expenses incurred by Company, and You agree to indemnify and hold Company harmless.
- If we have reasonable grounds to believe You participated in any of the activities outlined in Section 17.B, we reserve the right to withhold funds or recover prizes attributed to such activities.
- Deactivation due to fraudulent or illegal activity results in forfeiture of redeemed prizes.
- Company reserves the right to limit the use of accounts deemed professional or non-recreational.
- Following account deactivation, opening new accounts without express authorization is prohibited for You and Your household members.
- The rights outlined in this section do not diminish any other rights Company may have against You under these Terms of Use or otherwise.
18Indemnity and Limitation of Liability
- Indemnity. You agree to indemnify and hold harmless Company, its directors, officers, employees, shareholders, agents, affiliates, consultants, suppliers, advertisers, Payment Agents, partners, and their agents, employees, officers, and directors, along with any of our or their affiliates or subsidiaries (the “Released Parties”), against any costs, expenses, liabilities, and damages arising from Your participation, including but not limited to:
- Visiting or Use of the Platform or Services.
- Use of the Platform via telecommunication services.
- Use of any materials from the Platform or other sources.
- Accessing the Platform servers.
- Facilitating or making payments into Your Customer Account.
- Participating in Contests through any delivery mechanism offered.
- Acceptance and use of any Prize.
- Limitation of Liability. To the maximum extent permitted by law, in no event will the total liability of the Released Parties to You in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause, whether direct or indirect, or for any amounts (even where we have been notified by You of the possibility of such loss or damage) exceed the value of the ultimate amount of purchases You have made via Your Customer Account over the proceeding thirty day (30) period in respect of the relevant Contests or Service that gave rise to the relevant liability. SpeedLabs, Inc. accepts no liability for any loss or damage howsoever arising beyond this amount which is deemed or alleged to have arisen out of or in connection with Your participation, the Platform or Services. This includes, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the Contests or the Platform or their Content or any errors or omissions in the content of the Contests or the Platform.
- Statute of Limitations. Any claims arising out of or related to the Platform, or these Terms of Use must be filed within one year of the action or occurrence giving rise to the claim. After one year, such claims will be time-barred.
- Negligence. Nothing in these Terms of Use excludes any liability of Company for fraud, death, or personal injury caused by Company's negligence.
19Real-Time Technology & Connectivity Requirements
- The Services make use of real-time and near–real-time technology that requires a stable, continuous data connection from Your device. Timely updates to game states, questions, timers, scores, and results may depend on the quality and reliability of Your internet connection and the performance of Your device.
- Use Requirements. By using the Service, You acknowledge and agree that:
- You are solely responsible for obtaining, maintaining, and paying for a compatible mobile device, operating system version, and data plan sufficient to support real-time gameplay.
- For best performance, we recommend a modern smartphone (released within the last 3–4 years), a current version of iOS or Android, and a stable broadband connection such as:
- Wi-Fi with a reliable broadband connection; or
- 4G LTE, 5G, or equivalent mobile data service with low latency.
- Network interruptions, congestion, handoffs between towers, Wi-Fi dead zones, background app activity, battery saver modes, VPNs, and other device or network conditions may cause delays, lag, or failure to receive prompts, updates, or results in real time.
- You are responsible for any data, SMS, roaming, or other carrier charges incurred through Your use of the Service.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, MISSED OPPORTUNITY, OR ADVERSE CONTEST OUTCOME RESULTING FROM:
- NETWORK OUTAGES, PACKET LOSS, LATENCY, OR OTHER ISSUES CAUSED BY YOUR INTERNET SERVICE PROVIDER, MOBILE CARRIER, WI-FI NETWORK, OR ANY THIRD-PARTY COMMUNICATIONS PROVIDER;
- DEVICE-LEVEL ISSUES INCLUDING, WITHOUT LIMITATION, LACK OF STORAGE, LOW BATTERY, OVERHEATING, BACKGROUND APP RESTRICTIONS, OR OPERATING SYSTEM LIMITATIONS; OR
- YOUR FAILURE TO MAINTAIN A STABLE CONNECTION OR TO TIMELY UPDATE THE APP OR OPERATING SYSTEM.
20Company Is Not a Financial Institution
- Interest. You will not receive any interest on Customer Account balances or outstanding Prizes, and You will not treat Company as a financial institution.
- No Legal or Tax Advice. Company does not provide advice regarding tax and/or legal matters. Participants who wish to obtain advice regarding tax and legal matters are advised to contact appropriate experts and advisors in the field.
- Arbitrage Prohibited. You are strictly prohibited from utilizing the Service and the systems of Company to facilitate arbitrage through currency exchange transactions. Where Company deems that You have deliberately used the systems for financial gain through arbitrage, any gains will be forfeited and deducted from Your balance without warning or notification.
21Lock Screen, Push Notification and Device Permissions
- Permissions Overview. The Platform may request access to certain features or data on Your device in order to provide core functionality, improve gameplay, enhance user experience, and enable real-time performance. By using the Service, You acknowledge and agree that the Platform may request, access, and use one or more of the following permissions:
- Push Notifications – to send alerts regarding Contest updates, new questions, time-sensitive gameplay prompts, results, promotions, system messages, or account notices.
- Camera Access – for identity verification, customer support interactions, or optional features requiring image capture.
- Microphone Access – for certain support interactions or future features that may require audio input.
- Location Services – to help ensure compliance with geographic restrictions, detect Excluded Territory access, verify eligibility, enhance security, and prevent fraud or misuse.
- Background App Refresh / Background Data – to update game states, timers, contest information, and system notifications when the app is not actively in use, and to maintain connectivity for real-time or near–real-time features.
- Storage / Photos / Media – if needed to upload content (e.g., profile photos) or store app-related data locally on Your device.
- Live Activity Notification, Widgets and other Lock Screen permissions - You agree to allow Company permissions to use these technologies on Your device to facilitate gameplay and/or promotional material.
- Granting Permissions. When prompted by Your device, You may choose whether to grant or deny any requested permission. By granting such permissions, You acknowledge and agree that the Platform may access and use the corresponding device features for the purposes described above and in accordance with our Privacy Policy.
- Revoking Permissions. You may revoke permissions at any time through Your device settings. However, You acknowledge that disabling certain permissions may:
- limit functionality of the Service,
- prevent delivery of timely game updates or notifications,
- impair real-time gameplay performance,
- restrict access to certain features,
- or prevent Your participation in some Contests or Services where location verification or identity confirmation is required.
- Company is not responsible for any loss, missed opportunity, delay, or adverse contest outcome resulting from Your decision to disable or revoke device permissions.
- Notification Opt-Out. You may opt out of push notifications at any time through Your device settings. Opting out will not affect Your ability to use the Platform, but You acknowledge that You may not receive alerts about Contest timing, question availability, results, system updates, account notifications, or required compliance actions.
- Compliance and User Consent. By downloading, accessing, or using the Platform, You expressly consent to:
- the app requesting these permissions;
- the app using the permissions You grant;
- our processing of related data consistent with our Privacy Policy; and
- Your responsibility to manage or revoke permissions through Your device settings.
22Other
- Entire Agreement. These Terms of Use, coupled with the Binding Arbitration and Class Action Waiver Agreement, constitute the entirety of the agreement between You and us concerning Your utilization of the Platform or Service, superseding all prior agreements or contemporaneous communications and proposals, whether electronic, oral, or written.
- Electronic Communications.
- You consent to Us providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Customer Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Customer Account.
- You may also affirmatively opt into receiving mobile messages. Participants that opt into texting can expect to receive messages concerning our Services, Your relationship with Us, including, but not limited to, messages concerning Contests, product advertisements, and promotions of any kind. Message and data rates may apply. If you do not wish to continue to receive texts, you agree to reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE,” to any mobile message from us in order to opt out.
- Tax Responsibility. You bear sole responsibility for any state, local, or federal taxes that may be applicable to Your utilization of the Service.
- Force Majeure. Company shall not be held liable or accountable for any inability to perform, or delay in performing, any of our obligations under these Terms of Use due to events beyond our reasonable control, including but not limited to natural disasters, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, governmental actions, or other force majeure events.
- No Agency. Nothing within these Terms of Use will be interpreted as establishing any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between You and us.
- Severability. Should any provision of the Terms of Use be deemed invalid, unlawful, or unenforceable to any extent by a competent authority, such provision shall be severed to that extent. All remaining provisions shall continue to be valid to the fullest extent permitted by law, and any invalidated or unenforceable part shall be amended to reflect the original intent as closely as possible while complying with applicable law.
- Explanation of Terms of Use. We consider these Terms of Use to be transparent and equitable. For clarifications regarding these Terms of Use or any aspect of our Service, contact customer support via email at support@speedlabs.dev.
- Prevailing Terms. These Terms of Use take precedence over any communication via email or chat. All correspondence between You and us may be recorded for quality and training purposes.
- Assignment. These Terms of Use are personal to You and may not be assigned, transferred, or sublicensed by You without our prior written consent. We reserve the right to assign, transfer, or delegate any of our rights and obligations to any third party without notice to You.
- Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets of Company, Your Customer Account and associated data may be transferred to the purchaser or acquiring party. In such instances, we will notify You via email or through our Platform, explaining Your options concerning the transfer of Your Customer Account.
- Language. These Terms of Use may be available in multiple languages for informational purposes and accessibility. However, the English version holds legal precedence, and in case of any inconsistency between a non-English version and the English version, the English version shall prevail.
- Applicable Law, Jurisdiction and Venue. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. To the extent any lawsuit is filed by the Parties in the limited circumstances allowed by the Binding Arbitration and Class Action Waiver Agreement, the parties agree that such litigation shall be subject to the exclusive venue of state or federal courts located in Wilmington, Delaware, and the parties further agree that they are subject to the specific jurisdiction of such courts and waive any right to contest jurisdiction or transfer venue.
- Survival of Obligations. Sections 13-22 shall be deemed to survive the termination of these Terms of use or Your Customer Account for any reason.