Terms of Use
Last updated 2026-09-01
PULSE SPORTS, INC.
TERMS OF USE
Effective Date: September 1, 2026 | Last Updated: September 1, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF THE PULSE SPORTS PLATFORM AND CONTAIN IMPORTANT PROVISIONS, INCLUDING: (1) A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 18), WITH A 30-DAY RIGHT TO OPT OUT; (2) AUTOMATIC SUBSCRIPTION RENEWAL TERMS (SECTION 7); (3) DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SECTIONS 15 AND 16); AND (4) IMPORTANT DISCLOSURES THAT PULSE SPORTS IS NOT A SPORTSBOOK AND DOES NOT PROVIDE BETTING, FINANCIAL, OR PROFESSIONAL ADVICE (SECTIONS 3 AND 4). BY CLICKING "I AGREE" (OR A SIMILAR BUTTON OR CHECKBOX), CREATING AN ACCOUNT, OR ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
1. Acceptance of These Terms; The Agreement
1.1. These Terms of Use (these "Terms") are a binding agreement between you and Pulse Sports, Inc., an Arizona corporation ("Pulse Sports," the "Company," "we," "us," or "our"), governing your access to and use of the Pulse Sports websites, web applications, mobile applications, application programming interfaces, AI-powered features, data, content, contests, and related services (collectively, the "Service"). The Company's Privacy Policy, the Daily Lay Official Rules (Section 8), and any additional terms presented to you for particular features are incorporated into these Terms by reference.
1.2. You manifest your assent to these Terms by checking the acceptance checkbox and clicking the designated button at account registration, or, if you access any part of the Service without registering, by accessing or using the Service. These Terms apply to every person who accesses the Service, whether or not that person registers an account.
1.3. If you use the Service on behalf of an entity, you represent that you have authority to bind that entity, and "you" includes that entity.
2. Eligibility
2.1. The Service is intended solely for persons who are: (a) at least twenty-one (21) years of age, or, if higher, the minimum legal age to place sports wagers in the jurisdiction where they are located; (b) located in the United States; and (c) capable of forming a binding contract. By using the Service, you represent and warrant that you meet all of these requirements.
2.2. The Service is not directed to, and may not be used by, any person under 21 years of age. We do not knowingly permit minors to use the Service, and we will terminate any account that we determine is held by a person under 21.
2.3. You may not use the Service if you have enrolled in any sportsbook, casino, or state self-exclusion program and your use of the Service would be inconsistent with that program, or if you have asked us to exclude you from the Service pursuant to Section 12.3.
3. What the Service Is — and What It Is Not
3.1. The Service. The Service is a sports-wagering analytics and information platform. It aggregates publicly available and licensed sports data — including odds and lines offered by third-party sportsbooks, player and team statistics, historical matchup performance, injury and lineup information, and weather data — and applies proprietary algorithms and artificial-intelligence models to that data to: (a) compare odds and prices across sportsbooks; (b) identify potential pricing advantages ("edges"); (c) assist users in researching and constructing potential bets and parlays; and (d) answer user questions through an AI assistant. Certain features are free; others require a paid subscription (Section 7).
3.2. NOT A SPORTSBOOK; NO WAGERING. PULSE SPORTS IS NOT A SPORTSBOOK, CASINO, OR GAMBLING OPERATOR. WE DO NOT ACCEPT, PLACE, BROKER, FACILITATE, TRANSMIT, OR ROUTE ANY BET, WAGER, OR BETTING TICKET; WE DO NOT HOLD, CUSTODY, OR PROCESS GAMBLING FUNDS OR WINNINGS; AND WE ARE NOT LICENSED BY, AND THE SERVICE HAS NOT BEEN REVIEWED OR APPROVED BY, ANY GAMING COMMISSION OR REGULATOR. IF YOU CHOOSE TO PLACE A WAGER, YOU DO SO INDEPENDENTLY, AT A SPORTSBOOK OF YOUR OWN SELECTION, ENTIRELY OUTSIDE THE SERVICE, AND ENTIRELY AT YOUR OWN RISK.
3.3. INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY; NO ADVICE. All content, outputs, analytics, edges, probabilities, projections, recommendations, comparisons, and other information made available through the Service (collectively, "Content") are provided for informational and entertainment purposes only. Content is not, and may not be relied upon as, betting advice, financial advice, investment advice, legal advice, or professional advice of any kind, and is not an offer, solicitation, inducement, or recommendation to place any wager. No fiduciary, advisory, or professional relationship is created between you and the Company. You are solely responsible for every decision you make, including any decision to place, or not place, any wager, the selection of any sportsbook, and the amount of any wager.
3.4. NO GUARANTEE OF RESULTS. SPORTS OUTCOMES ARE INHERENTLY UNCERTAIN. WE DO NOT GUARANTEE, AND EXPRESSLY DISCLAIM, ANY PARTICULAR OUTCOME, WIN RATE, PROFIT, RETURN, OR RESULT FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY CONTENT. AN IDENTIFIED "EDGE" IS A MATHEMATICAL ESTIMATE BASED ON AVAILABLE DATA AND MODELING ASSUMPTIONS; IT IS NOT A PREDICTION OR PROMISE THAT ANY BET WILL WIN. PAST PERFORMANCE, INCLUDING ANY HISTORICAL RECORD, HIT RATE, OR RETURN DISPLAYED ON THE SERVICE, DOES NOT GUARANTEE FUTURE RESULTS. SPORTS WAGERING INVOLVES SUBSTANTIAL RISK OF LOSS. NEVER WAGER MONEY YOU CANNOT AFFORD TO LOSE.
3.5. Your Legal Responsibility. Sports wagering is not legal in all jurisdictions. You are solely responsible for determining whether sports wagering, and your use of the Service, is lawful in the jurisdiction where you are located, and for complying with all laws applicable to you. The availability of the Service in a jurisdiction is not a representation that sports wagering is lawful there.
4. AI Features; Accuracy of Data
4.1. AI-Generated Content. Portions of the Content — including the AI assistant's responses, recommended "edge" bets, projections, and bet-construction suggestions — are generated by artificial-intelligence and machine-learning systems ("AI Features"). You acknowledge and agree that: (a) AI Features are automated systems, and when you interact with the AI assistant you are interacting with software, not a human; (b) AI-generated outputs are probabilistic in nature and may be incomplete, inaccurate, outdated, or erroneous, and may occasionally produce results that are incorrect notwithstanding a confident presentation; (c) you should independently verify material information — including every odds price, line, and market — directly with the applicable sportsbook before relying on it; and (d) the Company does not review or endorse individual AI outputs before they are displayed to you.
4.2. Third-Party Data. Odds, lines, statistics, injury reports, weather data, and other inputs are obtained from third-party sources. That data may be delayed, incomplete, or inaccurate, and odds and lines change rapidly and may differ from the price actually available to you at a sportsbook at the time you bet. The price displayed on the Service is informational; the only price that matters is the price the sportsbook offers you when you place your bet.
4.3. No League or Sportsbook Affiliation. Pulse Sports is independent. Unless expressly stated otherwise, we are not affiliated with, endorsed by, or sponsored by any sports league, team, athlete, or sportsbook. Sportsbook, league, and team names and marks are the property of their respective owners and are used solely to identify the source of odds and data.
5. Accounts and Security
5.1. To access most features you must create an account and provide accurate, current, and complete registration information, which you must keep updated. You may register only one account, for your own personal, non-commercial use, and you may not share, sell, or transfer your account or credentials.
5.2. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at admin@pulsesports.ai of any unauthorized use. We are not liable for losses arising from unauthorized use of your account that occurs before you notify us.
5.3. We may refuse registration, reclaim usernames, or require re-verification of eligibility at any time.
6. License; Intellectual Property
6.1. Our License to You. Subject to these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Content for your personal, non-commercial use.
6.2. Our Ownership. The Service and all Content (other than Your Content, as defined below), including all software, algorithms, models, analytics, compilations of data, text, graphics, interfaces, logos, and trademarks, are owned by the Company or its licensors and are protected by intellectual-property and other laws. Except for the limited license above, no right, title, or interest is transferred to you. "Pulse Sports," the Pulse Sports logo, and related marks are trademarks of the Company; you may not use them without our prior written consent.
6.3. Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.
7. Subscriptions, Billing, and Automatic Renewal
7.1. Plans. The Service offers a free tier and paid subscription tiers (currently Silver, Gold, and Platinum), with features and pricing described at the point of purchase. We may change features, tiers, and pricing prospectively as provided below.
7.2. AUTOMATIC RENEWAL. PAID SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION PERIOD (MONTHLY OR ANNUAL, AS SELECTED) AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION PRICE, PLUS APPLICABLE TAXES, AT THE START OF EACH RENEWAL PERIOD, UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME AS DESCRIBED IN SECTION 7.4, AND CANCELLATION TAKES EFFECT AT THE END OF THE THEN-CURRENT PERIOD. Before we collect your payment information, we will disclose, clearly and conspicuously: the subscription price and billing frequency; that the subscription renews automatically until cancelled; the deadline to cancel to avoid renewal; and how to cancel. We will charge your payment method only after you affirmatively consent to the automatic renewal terms, separately from your consent to these Terms (for example, by a dedicated checkbox), and we will retain a record of your consent and provide you an acknowledgment of the transaction, including the automatic renewal terms and cancellation instructions, in a form you can retain.
7.3. Free Trials and Promotional Periods. If a subscription begins with a free trial or promotional period, we will disclose the trial length and the price you will be charged when it ends before you provide payment information, and we will send a reminder before the trial converts to a paid subscription where required by law. Unless otherwise stated, a promotional subscription awarded as a contest prize (including the Daily Lay prize) does not require a payment method and does not automatically convert to a paid subscription; it simply expires at the end of the promotional period unless you affirmatively subscribe.
7.4. Cancellation. You may cancel your subscription at any time, at no charge, through your account settings using an online cancellation mechanism that is at least as easy to use as the method by which you subscribed (including a "click-to-cancel" option if you subscribed online), or by emailing admin@pulsesports.ai. If you subscribed through a mobile app store (Apple App Store or Google Play), you must cancel through that app store, and that store's billing and refund terms apply. Upon cancellation, you retain access to paid features through the end of the period already paid; except as required by law or expressly stated, fees are non-refundable and no prorated refunds are given for partial periods.
7.5. Renewal Reminders. For subscription terms of one year or longer, we will send you a renewal reminder, identifying the renewal price and date and how to cancel, between 15 and 45 days before renewal, and we will send any other renewal or trial reminders required by the law of your state.
7.6. Price Changes. We may change subscription prices prospectively. We will give you advance written notice of any price increase at least as far in advance as your state's law requires (and in no event less than seven days before the increase takes effect), and, where required by law, the increase will not apply to you unless you affirmatively consent or continue your subscription after notice and an opportunity to cancel; if you are entitled by law to a refund upon cancellation following a price increase, we will provide it within the time required.
7.7. Payment Processing. Payments are processed by third-party payment processors. You authorize us and our processors to charge your designated payment method for all amounts due. You are responsible for keeping your payment information current. If a charge fails, we may suspend paid features until payment is made.
7.8. Taxes. Prices exclude taxes unless stated otherwise; you are responsible for applicable sales, use, and similar taxes.
8. The "Daily Lay" Contest — Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW (SEE SECTION 8.11 FOR JURISDICTION-SPECIFIC PROVISIONS).
8.1. Sponsor. The Daily Lay contest (the "Contest") is sponsored and administered by Pulse Sports, Inc., 6900 E Princess Drive, Phoenix Arizona 85054 (the "Sponsor"). The Contest is not sponsored, endorsed, or administered by any sportsbook, sports league, or mobile application store. If you access the Contest through an Apple or Google application, Apple Inc. and Google LLC are not sponsors of, and are not responsible for, the Contest.
8.2. Eligibility. The Contest is open to natural persons who, at the time of entry: (a) are legal residents of the United States; (b) are 21 years of age or older; (c) have a registered Pulse Sports account in good standing (free accounts qualify — no paid subscription is required); and (d) are not employees, officers, directors, or contractors of the Sponsor, or immediate family or household members of any of them. The Contest is void where prohibited or restricted by law.
8.3. How to Enter. During each daily entry period published on the Service (each stated with its time zone; each, a "Contest Day"), eligible users may submit one entry consisting of a hypothetical parlay selected through the Contest interface (an "Entry"). Entry is free. No wager is placed, and no money is staked, in connection with an Entry; Entries are hypothetical selections used solely for Contest scoring. Limit one Entry per person per Contest Day. Entries generated by scripts, bots, or multiple accounts will be disqualified.
8.4. Winner Determination. The winning Entry for each Contest Day is the Entry with the best performance against actual sporting-event outcomes, scored under the criteria published in the Contest interface (for example, most legs correct). Ties are broken in the following order: (a) highest combined odds of the correct legs; (b) earliest submitted Entry. The number of potential winning Entries depends on the number and quality of Entries received. Because outcomes of sporting events involve chance, the odds of winning depend on the number of Entries received and the performance of each Entry. All Sponsor determinations regarding scoring, ties, eligibility, and disqualification are final and binding.
8.5. Prize. Each Contest Day's winner receives one (1) month of complimentary access to the Sponsor's premium subscription tier (currently Platinum). Approximate retail value ("ARV"): $49.99. Limit: prizes are non-transferable; no cash substitution or cash redemption, except that the Sponsor may substitute a prize of equal or greater value in its discretion. No payment method is required to claim or use the prize, and the prize period does not automatically convert into a paid subscription — at the end of the prize month, premium access simply ends unless the winner separately and affirmatively subscribes under Section 7. If a winner already has a paid subscription, the prize will be applied as a one-month credit or extension.
8.6. Winner Notification. Winners will be notified through the Service and/or by email within five (5) business days after the applicable Contest Day, and must claim the prize within ten (10) business days of notification, failing which the prize may be forfeited and awarded to the runner-up Entry.
8.7. Taxes. Any tax liability arising from acceptance of a prize is the sole responsibility of the winner. The Sponsor will issue tax forms where required by law.
8.8. Publicity. Except where prohibited by law, acceptance of a prize constitutes the winner's consent to the Sponsor's use of the winner's username and state of residence for Contest-related publicity without further compensation. The Sponsor will not publish a winner's full legal name without separate consent.
8.9. General Conditions. The Sponsor may cancel, suspend, or modify a Contest Day if fraud, technical failure, event postponement or cancellation, or any other factor impairs the integrity of the Contest, and may disqualify any entrant who tampers with the entry process or violates these rules. The Sponsor's computer is the official time-keeping device. The Sponsor and its officers, directors, employees, and agents are not responsible for lost, late, incomplete, or misdirected Entries or for technical failures of any kind. By entering, entrants release the Sponsor from any claim arising out of participation in the Contest or acceptance or use of a prize, to the fullest extent permitted by law, and agree that Contest disputes are subject to Section 18 (Dispute Resolution).
8.10. Winners List. To request a list of winners for a given Contest Day, email admin@pulsesports.ai within 60 days after the applicable Contest Day.
8.11. Jurisdiction-Specific. The aggregate ARV of prizes for any single Contest promotion is intended to remain below the registration and bonding thresholds of New York General Business Law § 369-e and Florida Statutes § 849.094. The Contest is structured as a free-entry promotional contest, not a lottery, raffle, sweepstakes requiring registration, fantasy contest, or wagering product. Residents of any jurisdiction in which this Contest, as structured, is unlawful are not eligible; the identification of any such jurisdictions, if applicable, will be posted in the Contest interface.
9. User Content
9.1. The Service may allow you to submit, post, or display content, including usernames, tracked bets, notes, picks, comments, and other materials ("Your Content"). You retain ownership of Your Content. You grant the Company a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting), display, and distribute Your Content in connection with operating, improving, and promoting the Service, including displaying your username and Contest results on leaderboards.
9.2. You represent that you have all rights necessary to grant the license above and that Your Content does not infringe any third-party rights or violate any law.
9.3. We do not endorse, and are not responsible for, content provided by users or other third parties. We may, but are not obligated to, monitor, moderate, remove, or refuse any of Your Content at any time, including content we believe violates these Terms or any law, without liability to you.
9.4. You may not submit content that: is unlawful, defamatory, harassing, hateful, or obscene; infringes intellectual-property, privacy, or publicity rights; contains malware or spam; promotes illegal gambling, match-fixing, or the use of inside or non-public information about sporting events; impersonates any person; or solicits or facilitates wagers between users.
10. Acceptable Use; Prohibition on Scraping and Automated Access
10.1. This Section applies to every person who accesses the Service, with or without an account, and survives any termination of these Terms.
10.2. You may not, and may not permit or assist any third party to: (a) access the Service or Content by any automated means, including bots, spiders, crawlers, or scrapers, or otherwise scrape, harvest, extract, or bulk-download any Content or data from the Service; (b) use any Content or data obtained from the Service to develop, train, fine-tune, or improve any software, model, dataset, or service, including any machine-learning or artificial-intelligence model; (c) copy, reproduce, republish, redistribute, resell, sublicense, frame, or commercially exploit the Service or any Content; (d) reverse engineer, decompile, or attempt to discover the source code, algorithms, or models underlying the Service, except to the extent that restriction is prohibited by law; (e) circumvent, disable, or interfere with any security, rate-limiting, or access-control feature of the Service; (f) probe, scan, or test the vulnerability of any Company system, or interfere with or disrupt the Service; (g) use the Service to develop a competing product or service; (h) use another user's account, misrepresent your identity or eligibility, or create accounts by automated means; (i) use the Service in connection with any unlawful wagering, match-fixing, or manipulation of any sporting event; or (j) use the Service in violation of any applicable law.
10.3. We may investigate violations, may throttle, suspend, or terminate access, and may pursue all available legal remedies, including claims for breach of contract, against any person who violates this Section.
11. Third-Party Services and Sportsbook Links
11.1. The Service may display links, including deep links, to third-party websites and services, including sportsbooks. Those services are governed by their own terms and privacy policies, which you should review. We do not control and are not responsible for third-party services, their content, their odds, their handling of your data, or your dealings with them, including the placement, acceptance, settlement, or payment of any wager.
11.2. Compensation Disclosure. If and to the extent the Company receives compensation from any sportsbook or other third party in connection with links, referrals, or sign-ups originating from the Service, we will disclose that fact clearly and conspicuously in proximity to the applicable links. As of the Effective Date, the Company does not receive referral compensation from sportsbooks. Any such compensation does not influence the analytics or edges displayed by the Service, which are computed by the same methodology regardless of sportsbook.
12. Responsible Gaming
12.1. Sports wagering involves substantial risk and can be addictive. The Service is a research and information tool; it is not a system for winning, and no analytics can eliminate the risk of loss.
12.2. If you or someone you know has a gambling problem and wants help, call or text 1-800-GAMBLER, or chat at 1800gamblerchat.org. Additional resources are available from the National Council on Problem Gambling at ncpgambling.org. Many states also operate self-exclusion programs through their gaming regulators.
12.3. If you would like us to close your account and exclude you from the Service for a period you specify or indefinitely, contact admin@pulsesports.ai and we will do so within a reasonable time and will not market the Service to you thereafter.
13. Copyright Policy (DMCA)
13.1. We respect intellectual-property rights and will respond to notices of alleged copyright infringement that comply with 17 U.S.C. § 512(c)(3). Notices should be sent to: Samuel Maltry, Pulse Sports, Inc., 6900 E Princess Drive, admin@pulsesports.ai.
13.2. A compliant notice must include: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the notice is accurate and you are authorized to act for the owner; and your physical or electronic signature. Counter-notices may be submitted under 17 U.S.C. § 512(g).
13.3. We will terminate the accounts of repeat infringers in appropriate circumstances.
14. Modifications to the Service and These Terms
14.1. We may modify, add, or discontinue features of the Service at any time.
14.2. We may amend these Terms from time to time. If we make a material change, we will provide advance notice by email and/or prominent notice within the Service at least fifteen (15) days before the change takes effect, stating the effective date of the amended Terms. Material changes apply prospectively only, and no amendment to Section 18 (Dispute Resolution) will apply to any dispute of which either party had actual notice, or that arose, before the amendment's effective date. If you do not agree to an amendment, your sole remedy is to stop using the Service and cancel any subscription before the effective date, and, if you cancel an active paid subscription for this reason, we will refund the prorated unused portion of any prepaid period. Your continued use of the Service after the effective date of amended Terms, following the notice described above, constitutes acceptance of the amended Terms.
15. Disclaimers of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY CONTENT, DATA, ODDS, LINE, EDGE, PROJECTION, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; OR (C) USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT, WIN, OR PROFIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE AND DURATION TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. Limitation of Liability
16.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; OR (C) ANY WAGERING LOSSES, LOST WINNINGS, OR OTHER LOSSES ARISING FROM ANY WAGER YOU PLACE OR DECLINE TO PLACE, OR FROM YOUR RELIANCE ON ANY CONTENT, IN EACH CASE WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
16.3. Exceptions. Nothing in these Terms limits or excludes liability for: (a) fraud, fraudulent misrepresentation, or willful misconduct; (b) gross negligence, where such a limitation is prohibited by law; (c) death or personal injury caused by negligence, where such a limitation is prohibited by law; or (d) any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in those jurisdictions, the Company's liability is limited to the maximum extent permitted by law. The limitations in this Section 16 are intended to apply to the fullest extent permitted in your jurisdiction, and Section 20.2 (New Jersey) qualifies their application to New Jersey residents.
17. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless the Company and its directors, officers, employees, and agents from and against any third-party claims, and resulting liabilities, damages, and reasonable costs and attorneys' fees, arising out of or relating to: (a) Your Content; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any wager you place or any dealings between you and any sportsbook. The Company may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with the Company's defense.
18. Dispute Resolution — Binding Individual Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 18.9.
18.1. Informal Resolution First. Before initiating arbitration, the party asserting a dispute must send the other an individualized written notice describing the dispute and the relief sought (to the Company: admin@pulsesports.ai or the address in Section 21; to you: your account email). The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice is received, including through at least one telephone or video conference if either party requests it. Completion of this process is a condition precedent to arbitration, and all applicable limitations periods are tolled during it.
18.2. Agreement to Arbitrate. Except as provided in Section 18.3, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the Service, the Content, the Contest, these Terms, or the relationship between the parties, whether based in contract, tort, statute, or any other theory, will be resolved exclusively by final and binding arbitration on an individual basis, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration demand is filed. This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitrator will have exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this Section 18, except that a court will decide: (a) any dispute about the enforceability of the Class Action Waiver in Section 18.6; and (b) any dispute arising from Section 18.7 (Batching).
18.3. Exceptions. Either party may: (a) bring an individual claim in small-claims court in the county of your residence (or, for the Company, in Maricopa County, Arizona) if the claim qualifies; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual-property rights or violations of Section 10 (scraping and unauthorized access). These exceptions do not waive arbitration of any other claim.
18.4. Arbitration Procedure. The arbitration will be conducted by a single neutral arbitrator in the county where you reside, remotely by videoconference, or at another mutually agreed location. The Company will pay all AAA filing, administrative, and arbitrator fees other than the consumer filing fee capped under the AAA Consumer Rules; if the arbitrator finds a claim frivolous or filed for an improper purpose, fees may be reallocated as the AAA rules and applicable law permit. The arbitrator may award any relief that a court could award to the individual claimant, including public injunctive relief where required by applicable law (see Section 18.8), and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
18.5. Jury Waiver. To the extent any dispute proceeds in court rather than arbitration, each party knowingly and voluntarily waives its right to a trial by jury to the fullest extent permitted by law.
18.6. Class Action Waiver. You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, representative, or private-attorney-general proceeding. The arbitrator may not consolidate more than one person's claims (except as provided in Section 18.7) and may not preside over any form of class or representative proceeding. If a court finally determines that this Class Action Waiver is unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) will be severed from arbitration and proceed in court, and all other claims will remain subject to arbitration.
18.7. Coordinated Filings (Batching). If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against the Company by or with the assistance of the same law firm or organization, or by coordinated counsel, within a 90-day period, the parties agree that the AAA Mass Arbitration Supplementary Rules will apply, and the demands will be administered in sequential batches of up to one hundred (100) demands per batch, with each batch resolved by its own arbitrator. The resolution of any demand, and of any batch, is binding only on the parties to that particular arbitration; no award or ruling in any arbitration will have preclusive, precedential, or binding effect on any other claimant or arbitration. Applicable limitations periods are tolled for demands pending in queue. Either party may ask a Process Arbitrator appointed under the AAA rules to resolve disputes about batching administration. This Section is intended to facilitate the efficient, individualized resolution of coordinated claims, not to impair any claimant's individual rights.
18.8. Public Injunctive Relief (California). Nothing in this Section 18 waives your right, if you are a California resident, to seek public injunctive relief where that right cannot be waived as a matter of California law; the arbitrator may award such relief to you as an individual claimant or, if and only to the extent a court determines that a claim for public injunctive relief cannot proceed in arbitration, that claim (and only that claim) may be pursued in court while all other claims proceed in arbitration.
18.9. 30-Day Opt-Out Right. You may opt out of this arbitration agreement (other than the jury waiver, to the extent permitted by law) by sending written notice to admin@pulsesports.ai or the address in Section 21 within thirty (30) days after you first accept these Terms, stating your name, account email, and your intent to opt out of arbitration. Opting out will not affect any other provision of these Terms and will not disadvantage you in any way in your use of the Service.
18.10. Severability; Survival. If any portion of this Section 18 (other than the Class Action Waiver, which is addressed in Section 18.6) is found unenforceable, that portion will be severed and the remainder enforced. This Section survives termination of these Terms and your account.
19. Termination
19.1. You may stop using the Service and close your account at any time through account settings or by contacting admin@pulsesports.ai.
19.2. We may suspend or terminate your access to the Service, or any feature, at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or upon discontinuation of the Service; if we terminate your paid subscription without cause and other than for a violation of these Terms, we will refund the prorated unused portion of any prepaid period.
19.3. Sections 3, 4, 6.2, 6.3, 8.9, 9, 10, 13, 15, 16, 17, 18, 19.3, 20, and 21 survive termination.
20. State-Specific Notices
20.1. California. Under California Civil Code § 1789.3, California users are entitled to the following notice: the Service is provided by Pulse Sports, Inc. 6900 E Princess Drive, Phoenix Arizona 85054. To resolve a complaint regarding the Service or to receive further information, contact us at admin@pulsesports.ai or the address above, or contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
20.2. New Jersey. The provisions of these Terms, including Sections 8.9, 15, 16, 17, and 18, are intended to apply only to the fullest extent permitted by New Jersey law for New Jersey residents. Nothing in these Terms is intended to limit any right or remedy of a New Jersey resident under clearly established New Jersey law, including the New Jersey Consumer Fraud Act, the Truth-in-Consumer Contract, Warranty and Notice Act, or the Punitive Damages Act, and no provision of these Terms limits, or waives liability the Company may have to you, under those laws. To the extent any provision of these Terms is inconsistent with a clearly established legal right of a New Jersey resident, that provision does not apply to New Jersey residents.
20.3. Other States. If any provision of these Terms is unenforceable under the law of the state where you reside, that provision applies to you only to the extent permitted, and the remainder of these Terms is unaffected. Statements in these Terms that a practice is "void where prohibited" refer to, and are qualified by, this Section 20.
21. General Provisions
21.1. Governing Law. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Arizona and applicable federal law, without regard to conflict-of-laws principles, except that Section 18 is governed by the Federal Arbitration Act, and except that the consumer-protection law of your state of residence applies to you where and to the extent it cannot be varied by agreement. Any claim not subject to arbitration and not qualifying for small-claims court will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, or, if you are a consumer and applicable law requires, in the county where you reside, and the parties consent to the jurisdiction of those courts.
21.2. Electronic Communications and Signatures. You consent to receive notices, disclosures, and communications from us electronically, including by email and postings within the Service, and you agree that your electronic assent to these Terms and other agreements has the same force as a handwritten signature, in accordance with the federal E-SIGN Act and applicable state law. You may withdraw consent to electronic delivery, or request paper copies, by contacting admin@pulsesports.ai; withdrawal may require closure of your account.
21.3. Export and Sanctions Compliance. You represent that you are not located in, or a resident of, any jurisdiction subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list, and you agree to comply with applicable U.S. export-control and sanctions laws in connection with the Service.
21.4. Apple and Google. If you access the Service through an application distributed through the Apple App Store or Google Play: the app-store provider is not a party to these Terms, has no obligation to furnish maintenance or support for the application, and is not responsible for addressing claims relating to the application; Apple and its subsidiaries are third-party beneficiaries of these Terms as applied to the Apple-distributed application, with the right to enforce them against you; and your use of the application must comply with the applicable app-store terms of service.
21.5. Assignment. You may not assign these Terms or your account without our prior written consent; any attempted assignment in violation of this Section is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or by operation of law.
21.6. Force Majeure. The Company is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, utility or internet failures, or failures of third-party data providers.
21.7. Entire Agreement; No Waiver; Severability. These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements on that subject. Our failure to enforce any provision is not a waiver of it. Except as provided in Sections 18.6 and 18.10, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
21.8. No Third-Party Beneficiaries. Except as stated in Section 21.4, these Terms do not confer any rights on any third party.
21.9. Notices; Contact. Notices to the Company should be sent to: Pulse Sports, Inc., 6900 E Princess Drive, Phoenix Arizona 85054, or admin@pulsesports.ai. General support: admin@pulsesports.ai. We may provide notices to you at the email address associated with your account or through the Service.
Responsible Gaming Reminder: Pulse Sports is an analytics platform, not a sportsbook. Must be 21 or older. Gambling problem? Call or text 1-800-GAMBLER.
Questions about these terms? Email admin@pulsesports.ai.