Terms of Service

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 Games and Platform, including Virtual Coins.

Customer Account means an account held by a Player.

Winnr Coins means the Virtual Coins which enable you to play the Winnr Coin Games. Winnr Coins are made available free of charge through account grants, bonuses, and gameplay. Winnr Coins have no monetary value and cannot under any circumstance be exchanged for cash or prizes of monetary value. Winnr Coins may not be transferred or sold by You.

Winnr Coin Game means any game or mode played with Winnr Coin Virtual Coins. You may only win more Winnr Coins when you play the Winnr Coin Games. You cannot win monetary prizes when you play Winnr Coin Games.

Fraudulent Conduct means any of the conduct described in Section 10.

Game means any one or more Winnr Coin Game(s) available on the Platform. We reserve the right to add and remove Games from the Platform at our sole discretion.

Inactive Account means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.

Platform means the services provided through any URL or mobile application belonging to, or licensed to, Winnr and branded as part of the "Winnr" family of games, including the website located at www.winnr.us and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.

Player or You means any person who uses the Platform to register an account or play Games.

Terms of Use or Terms means these terms of use, as amended from time to time.

Third Party Websites means a third party website not controlled by us.

Virtual Coins means Winnr Coins used in the Games or as present in your account tab at any time.

Account Tab means the section of the Platform that displays Player balances.

5.1 You must create a User Account in order to access or use the Service.

5.2 Only one User Account is permitted per person. In the event You open or try to open more than one User Account, all User Accounts You have opened or try to open may then be terminated or suspended and any prizes or Virtual Coins balances may be voided in Our sole discretion.

5.3 If You lose access to Your User Account, You must not register a new User Account. Rather, You must contact customer support at help@winnr.us to have Your Account status updated.

5.4 You are required to keep Your personal details up to date. If You change Your address, email, phone number or any other contact details or personal information, please contact customer support.

5.5 You confirm that You will not share Your User Account or password with any other person or let anyone else access or use Your User Account without our written permission.

5.6 If You become aware, or have reasons to suspect, that the security of Your User Account may have been compromised, including loss, theft or unauthorized disclosure of Your password and User Account details, You must notify us immediately.

5.7 You are responsible for maintaining the confidentiality of Your User Account and accept responsibility for activity performed through it.

5.8 We reserve the right, in Our sole discretion, to close Your User Account if it is inactive for a period of sixty days or longer and therefore Dormant under Section 7.15.

5.9 You will be able to open your Customer Account again by sending a request to the Customer Support team. All requests for the re-opening of an account will be evaluated by our Customer Support and Compliance teams.

5.10 You may permanently delete Your Customer Account from Profile in the mobile app or at winnr.us/account-deletion. If You cannot sign in, contact help@winnr.us. Account deletion terminates these Terms as to future use, subject to provisions that survive termination.

5.11 All Virtual Coins are forfeited if your Customer Account is terminated or suspended for any reason, in Winnr's sole and absolute discretion, or if the Service is no longer available.

5.12 User Account registrations may be limited to one Account registration per person or per IP address at our sole discretion.

5.13 Winnr actively supports responsible gameplay and encourages its Players to make use of a variety of responsible gameplay features to better manage their Customer Account.

5.14 We refer You to our Responsible Social Gaming Policy for full details.

5.15 Winnr is committed to providing excellent customer service and supporting responsible gameplay. Although Winnr will use all reasonable efforts to enforce its responsible gameplay policies, Winnr does not accept any responsibility or liability if you nevertheless continue gameplay or seek to use the Platform with the intention of deliberately avoiding relevant measures in place.

6.1 In addition to these Terms, Games offered on the Service may have their own rules which are available on the Service. It is Your responsibility to read the rules of a Game before playing.

6.2 You may participate in any Game only if You have sufficient Virtual Coins as shown in your Account on the Platform, however it is never necessary to purchase Winnr Coins to continue playing.

6.3 We may assign minimum or maximum Winnr Coin stakes for a Game at Our sole discretion.

6.4 Winnr Coins that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Winnr Coins will be drawn from your Winnr Coin Account instantly upon use.

6.5 We reserve the right to declare the result of any Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.

6.6 In the event of a discrepancy between the result showing on a Game or Platform and Winnr's or its affiliate's server software, the result showing on Winnr's or its affiliate's server software will be the official and governing result.

7.1 The current Service does not sell Winnr Coins, subscriptions, or other digital items and does not accept deposits or wagers of real money.

7.2 Winnr Coins are provided only for entertainment within the Platform. They are not property, currency, stored value, or a deposit; they cannot be purchased, transferred, withdrawn, redeemed, or exchanged for money or prizes.

7.3 Your licensed Winnr Coins balance is displayed in Your Account. Winnr may correct a balance affected by an error, fraud, a void Game, or a violation of these Terms.

7.4 Winnr Coins may expire if an Account becomes Dormant. For this section, "Dormant" means no gameplay activity using Winnr Coins for sixty consecutive days.

7.5 If Winnr offers a paid or real-money feature in the future, that feature will be governed by updated terms, eligibility restrictions, and any required disclosures before it becomes available to You.

7.6 Notice for California Users Under Civil Code Section 1789.3 — The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.

8.1 Any promotions, contests, and special offers offered via the Site are subject to these Terms, the Binding Arbitration Agreement and Class Action Waiver, as well as any official rules that may be published on the Site.

8.2 We reserve the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.

8.3 We reserve the right at our sole discretion and without any requirement to provide a justification to exclude You from any promotions, contests or special offers.

8.4 If, in the reasonable opinion of Winnr, we form the view that a Player is abusing any promotion, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or promotional prize, or terminate or suspend the User Account.

8.5 We reserve the right to exclude You from any promotions if we believe that You have tried to enter by using more than one User Account or are otherwise engaging in any fraudulent or illegal activity.

8.6 You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in whatever way we see fit any content You post or publish as part of a promotion, contest or competition.

9.1 You acknowledge that we, or a third party acting on our behalf, are entitled to conduct any verification checks that we may reasonably require and/or that are required of us under applicable laws and regulations.

9.2 You agree that we may restrict Your opening or use of a User Account pending any verification checks having been completed to our satisfaction.

9.3 The documents required may include, but are not limited to, social security number, photo identification, a utility bill that matches the address registered on Your User Account, and source of wealth or source of funds documentation.

9.4 In the event that any verification check cannot be completed for any reason, including Your failure to provide any requested documentation, then We may, in our sole discretion, terminate, deactivate or otherwise restrict Your User Account.

9.5 You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks. You must enable and allow "Locations Services" on Your device or PC in order to operate the Service.

9.6 By providing your email to Winnr, you consent to receive email messages for the purpose of two-factor authentication ("2FA") and other account security verification.

12.1 These Terms confer only the right to use the Service and they do not convey any rights of ownership in or to the Service.

12.2 All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.

12.3 Your use of the Games will not convey any ownership rights in the intellectual property to You. All titles, source and object codes, game client and server software, the "look and feel" of the Games, sounds, artwork, animations, images, graphics, documentation, and related materials will remain vested in us or any third party supplier.

12.4 You acknowledge and agree that You shall have no ownership or other property interest in the User Account, and all rights in and to the User Account are and shall forever be owned by us.

13.1 You are responsible for complying with all laws applicable to Your User Content. You agree not to submit any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material.

13.2 You will not provide inaccurate, misleading or false information to us or to any other user of the Service.

13.3 We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so.

13.4 You hereby grant us the sole and exclusive, 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.

13.5 You further grant to us the unconditional right to use and exploit Your name, likeness and any other information or material included in any User Content.

13.6 You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at Your sole responsibility and risk.

13.7 Prohibited Content includes, but is not limited to:

• Content that promotes racism, bigotry, hatred or physical harm;
• Harassing content;
• Content of a sexual or offensive nature;
• Content that promotes terrorism or religious hatred;
• Content that promotes illegal activities;
• Content of commercial nature without authorization; or
• Content promoting the services of another business or competitor.

13.8 If You see any material in the Service that is offensive or prohibited, please notify us at help@winnr.us.

14.1 The Service may contain links to content owned and/or operated by third parties. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility.

14.2 Our inclusion of a link to a third-party website does not imply our endorsement, advertising, or promotion of such websites.

14.3 By accessing a third-party website, You accept that we do not exercise any control over such websites and have no responsibility for them.

14.4 We do not endorse and will not have any liability or responsibility to You for any third-party products, services, materials or websites.

14.5 If You use third party social networking websites to discuss the Service, any content You post is subject to the relevant terms and conditions of that website.

16.2 Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you.

16.3–16.4 We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service, nor for any damages or losses arising out of or in connection with the Service.

16.5–16.6 In the event of a Service system malfunction, all Game play on the Service will be void. In the event of an error or malfunction in a Game, all Game play resulting from the error will be voided.

16.7 We reserve the right to remove any part of the Games and to alter player balances and Account details to correct any mistake.

16.8 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion.

16.9–16.11 We reserve the right to declare participation in a Game void, and to void any incorrectly awarded Virtual Coins or prizes. We retain absolute discretion in the event of a discrepancy between a user's device and the server software.

17.3 One Year Limitations Period. You and Winnr agree that any claims arising out of or related to the Site or these Terms must be filed within ONE (1) YEAR of the action giving rise to the claim, after which such claims will be time-barred.

17.4 Sole and Exclusive Remedy. Unless otherwise prohibited by law, Your remedies in any dispute with us are limited by this Section. Because the current Service is free and Winnr Coins have no monetary value, Winnr does not reimburse or convert Winnr Coins into money or other compensation.

17.5 You recognize and agree that the warranty disclaimers in Section 16 and the limitations of liability in this Section 17 are material and bargained-for bases of these Terms.

17.6 Nothing in these Terms will operate so as to exclude any liability of Winnr for death or personal physical injury that is directly and proximately caused by Winnr's negligence or willful misconduct.

17.7 To the extent any of the limitations of remedy are not permitted by law of any applicable jurisdiction, such limitations shall not apply and shall be deemed severable from these Terms.

19.1 Acceptance. By using or accessing the Service, you confirm that you accept and agree to this Agreement. All of your activity on the Platform, including events before your acceptance, shall be subject to this Agreement.

19.2 Scope. You and Winnr agree that any past, pending, or future dispute arising out of or relating to your access to the Service or these Terms (a "Dispute") shall be determined by arbitration. In the event of any Dispute concerning this Agreement, you and Winnr delegate to the Arbitrator exclusive jurisdiction to rule on their own jurisdiction over the Dispute.

19.3 Any issues determined in arbitration shall be for the benefit of the parties only and shall have no preclusive or estoppel effect in subsequent proceedings.

19.4 All parties retain the right to seek relief in small claims court for disputes within small claims jurisdiction.

19.5 Lack of Estoppel. Any issues determined in arbitration shall have no preclusive or estoppel effect against a party in any subsequent matter.

19.6 Intellectual Property. You and Winnr are NOT required to arbitrate claims for unlawful use of copyrights, trademarks, trade names, trade secrets, or patents.

19.7 Separate Agreement. This Agreement is a separate agreement governed by the Federal Arbitration Act. Any invalidity of the Terms shall have no effect on this Agreement.

19.8 Applicable Law. The Federal Arbitration Act shall control. To the extent state law is applied, the law of the State of Delaware shall exclusively apply.

Initiating Arbitration Under JAMS Rules

19.9 Following the initial dispute resolution process in Section 18, either party may seek arbitration under JAMS Comprehensive Arbitration Rules and Procedures. Key provisions:

• Arbitration will proceed on an individual claim basis only;
• A sole arbitrator shall handle the merits;
• Arbitrators must be practicing attorneys or retired federal judges with 10+ years of expertise;
• Parties may submit dispositive motions at the outset;
• Unless prohibited, arbitration will be held in Wilmington, Delaware or conducted remotely;
• You will only be required to pay arbitration fees of $250;
• The arbitrator may award any remedies available in an individual lawsuit except punitive/exemplary damages and indirect/consequential damages;
• The award shall be a reasoned award with written statement of reasons;
• Arbitration proceedings and awards shall be treated as confidential;
• Awards in excess of $50,000 may be appealed via JAMS Optional Appeal Procedures.

19.10 Batch Arbitration. In the event 20 or more similar arbitration demands are submitted within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration Rules, with batches of no more than 25 demands initially, followed by mediation, then batches of 100.

Option to Opt Out of Arbitration

Waiver of Class Relief and Collective Action

19.16 Severability. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity of the remainder.

21.1 Entire Agreement. These Terms constitute the entire agreement between You and us with respect to Your use of the Service and supersede all prior or contemporaneous communications.

21.2 Tax. You are solely responsible for any taxes which apply to Your use of the Service.

21.3 Force Majeure. We will not be liable for any failure to perform caused by events outside of our reasonable control, including but not limited to acts of God, war, fire, pandemic, terrorism, or other force majeure events.

21.4 Severability. In the event any provision of these Terms is held unenforceable, it will be ineffective but shall not affect the enforceability of the remaining provisions.

21.5 Assignment. These Terms are personal to You, and are not assignable or transferable except with our prior written consent. We reserve the right to assign our rights and obligations to any third party without notice.

21.6 Third-Party Beneficiaries. These Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same.

21.7 Entire Agreement. These Terms contain the entire understanding between You and us, and supersede all prior understandings relating to the subject matter.

21.8 Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets, Your User Account and associated data may be part of the transferred assets.

21.9 Waiver. Our failure to assert a breach shall not constitute a waiver of such rights.

21.10 Survival. SECTIONS 16, 17, 18, 19, 20, AND 21 SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR ACCOUNT FOR ANY REASON.

21.11 Notice to California Residents. In accordance with California Civil Code sections 1541 and 1542, You hereby agree to waive all rights and remedies under Section 1542.