Terms & Conditions of Use


Terms & Conditions of Use


Acceptance of Agreement


The Terms and Conditions of Use on this page represent a legal document for the websites, betstamp.app, betstamp.com, and any subdomains of those websites, and our Mobile Application, betstamp, owned by Betstamp Inc. operating under the business name of Cashew Tech. Both the web and mobile versions of betstamp will be referred to in this document as “Platform” or “the Platform”. The company Betstamp Inc. operating under the business name of Cashew Tech, will be referred to as “we”, “our”, “betstamp” or “Betstamp”.


Using, accessing, or visiting the Platform, or browsing any of its content constitutes acceptance of these Terms and Conditions. By using the Platform, you have agreed, without limitation or qualification, to be bound by these terms and conditions of use and any other terms that may apply. If you do not agree with these terms, please exit the Platform and do not use it any further.


Changes to the Terms and Conditions of Use: We reserve the right to change these Terms and Conditions of Use at any time by giving notice of changes by email and on the Platform. You are encouraged to review these Terms and Conditions periodically to remain informed. Your continued use of the Platform after receiving notification of changes to the Terms and Conditions will constitute your acceptance of such change. If you do not agree with any changes to the terms and conditions of use, you can choose to discontinue use of the Platform. Unless otherwise stated, any additional terms and conditions will be incorporated into this agreement.


Privacy Policy: The Privacy Policy for the Platform can be found here. For information on how we collect, use and safeguard your data, please refer to the Privacy Policy. For questions, comments and concerns, please contact us at [email protected].


Intellectual Property and Content Rights


Unless otherwise indicated, the Platform and its contents are proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) are controlled by us. When accessing the Platform, you agree to act within legal guidelines for intellectual property.


Any trademarks and logos contained in the Platform are owned or controlled by us, have been licensed to us, or have been deemed fair use by law. These trademarks are protected by copyright and trademark laws. The content and the trademarks are provided on the Platform for personal use only. Unless expressly noted in these terms and conditions of use, no part of the Platform may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


If you believe that any material available on the Platform infringes upon any copyright you own or control, please notify us immediately by emailing [email protected]. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a claim.


Use of Platform - Restrictions


User Registration: To use the platform, you are required to create an account. To create an account, you will be required to provide information including, but not limited to, your email address. In some cases, you will be required to enter a username. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate or for any other reason we deem fit.


Protecting Your Account: We currently implement bank level encryption and follow industry standards for safeguarding your information, including physical and technological security measures. However, we cannot safeguard information which is within your possession. You are solely responsible for keeping your account information confidential and secure. We assume that all transactions made through your account were made and managed by you. Any failure by you to protect your account information is at your own risk and expense. We recommend keeping your password confidential and following best practices for account security, including, but not limited to, creating a complex password, not using the same password for multiple platforms, and storing your password in a secure location. If you suspect your account is being accessed by somebody other than you, please email us immediately at [email protected].


User Representation: By using the platform, you represent and warrant that: All registration information you submit will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update the information as necessary. You have the legal capacity and you agree to comply with these Terms of Use. You are not a minor in the jurisdiction in which you reside. You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise. You will not use the Platform for any illegal or unauthorized purpose. Your use of the Platform will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.


Multi-Account Usage: We do not allow multi-accounting. The creation or use of more than one account per person is strictly prohibited. Any account created on the Platform is non-transferrable and to be used for personal use only. Any attempt to transfer, sell, buy or otherwise collude or collaborate on multiple accounts is strictly prohibited. If suspected of having multiple accounts under common control, all accounts under common control may be suspended and or permanently terminated.


Age Restriction Notice: This application is intended for use by adults only. By using this application, you certify that you are at least 18 years of age. We do not knowingly or intentionally collect information from anyone under the age of 18. If you are under the age of 18, do not submit any Personal Information on the application. If you are under the age of 18 and have submitted Personal Information to the application, please contact us to have this information removed at [email protected].


As a user of the platform, you agree not to:

Unlawful Activity: We reserve the right to investigate and take any action we deem necessary in regard to suspected unlawful activity occurring on the Platform, including, but not limited to, actively contacting law enforcement agencies.


Use of Mobile Application on Apple and Android Devices


The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Platform: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a Canadian or U.S. government embargo, or that has been designated by the Canadian or U.S. government as a “terrorist supporting” country and (ii) you are not listed on any Canadian or U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.



Feedback and User Content


Feedback: Any comments, feedback, ideas, concepts, or notes regarding the Platform or that you have provided to betstamp are deemed to be property of betstamp. The Platform may use this information for any purpose, including improvement of the Platform. Personal information is not included in this feedback.


User Content: The Platform may contain profiles, interactive features, messages, groups and other interactive features. By using these features to post messages, photos, descriptions, breakdowns, written articles, and other content (considered User Content) you hereby grant betstamp the right to non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide, royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, and distribute the User Content for any purpose. betstamp is not liable or responsible for any third-party content or User Content that is posted to or available on the Platform. Personal information is not included in this user content.


Services


Our Platform Does Not Accept Real Money Wagers


Betstamp does not accept real money wagers of any kind. All content, odds, and any information on betstamp are for entertainment purposes only. betstamp does not recommend or endorse illegal or irresponsible gambling. betstamp features are for tracking purposes only and are not for real money. All betstamp users should refer to local gambling laws before gambling with real money. If you or someone you know has a gambling problem and wants help, call 1-800-522-4700.


Selling Sports Betting Information and Predictions


Any user can register to sell the information or predictions they post on the Platform by setting their account as such in the Platform. In order for a prediction to be sold, it must be classified as “Verified” by betstamp’s software. In order to be classified as “verified” the prediction must be tracked before the scheduled start time of the game, and at odds that are currently posted on the Platform. Once a bet is tracked and verified by the Platform, it can never be undone or deleted. Therefore, it is your responsibility to ensure all data is entered accurately. We are not responsible for inaccuracies or mistakes when entering predictions.


By registering to sell your predictions through the Platform, you confirm that the predictions are original, or that you have expressed consent from the originator to post these predictions. Copying other users on the Platform or off the Platform and selling their predictions for financial gain or other reasons is strictly prohibited.


By registering to sell your predictions through the Platform, you confirm you are not deemed ineligible due to a conflict of interest with your employer, governing agency, or through a non-disclosure agreement of any sort.


Proceeds & Taxes: betstamp has no obligation to report any earnings from the sale of sports betting predictions and information. By using the Platform, you acknowledge and agree that you are solely responsible for reporting and paying any and all taxes that may be applicable to you as a result of using the Platform.


Payment Processing: In order to receive payment for selling predictions through the platform, users must register for a Stripe payment account. Stripe is a third-party payment processor; to read their terms and conditions, as well as their privacy policy, visit www.stripe.com. In order to pay for sports betting predictions, users can do so via credit card through our third-party payment processor, Stripe. We are not responsible for any erroneous purchases.


Corrections


There may be information on the Platform that contains errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.


At times, odds displayed on the Platform may be inaccurate or delayed. We are not responsible for these inaccuracies and reserve the right to correct these inaccuracies at any time for any reason. This may include, but is not limited to, adjusting your public record and profile to re-grade tracked bets, change odds, or remove tracked bets.


Betstamp Pro Subscription


Subscription Fees and Taxes: The fees associated with Betstamp Pro subscriptions and related services will be clearly communicated to you at the time of your purchase or sign-up. Please be aware that these fees are subject to change at our discretion. Additionally, it's important to note that fees may be subject to applicable taxes, which could be collected by us or a third-party service provider facilitating the transaction. Subscription fees are typically non-refundable, except as explicitly described in these Terms.:


Renewal: By continuing with your subscription, you acknowledge and agree that unless you explicitly notify us prior to a scheduled charge that you wish to cancel your subscription or opt out of automatic renewal, your subscription will automatically renew. Through this process, you authorize us or our designated third-party payment processor to collect the relevant fees and any applicable taxes using the payment method on file. Should all payment methods on file be declined, we reserve the right to cancel your subscription unless alternative payment details are provided. If you update your payment information and a successful charge is processed before the cancellation of your subscription, the new subscription period will commence from the original renewal date, not the date of the successful charge.


Subscription Cancellation: You have the option to cancel your Betstamp Pro subscription at any time. This can be accomplished by accessing your account settings and navigating to the Subscription section, or by reaching out to our Customer Service team for assistance. Please be aware that upon cancellation, you will not be entitled to a refund for any fees already paid. Your subscription will remain active until the conclusion of the current billing cycle, at which point it will terminate.


Termination by Us: We reserve the right to cancel the Service and any subscriptions, in whole or in part, and to terminate your subscription and use of the Service at our discretion, without prior notice. Upon such termination, we will provide you with a prorated refund based on the number of days remaining in your subscription. You will not be entitled to a refund if the termination is due to any of the following reasons:

Please note that our failure to insist upon or enforce strict compliance with the Terms of Service does not constitute a waiver of any of our rights.

DISCLAIMER


THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD OR FRAUDULENT MISREPRESENTATION, OR OTHER STATUTORY RIGHTS AS REQUIRED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS THREE MONTHS OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.


INDEMNIFICATION


To the maximum extent permissible under the law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributions or use of the Platform; your breach of these Terms and Conditions of Use; any breach of your representations and warranties set forth in these Terms and Conditions of Use; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


Severability


If any part of these Terms and Conditions of Use are deemed invalid or unenforceable, that portion will be null and void and the remaining portions will remain in effect.


Contact Us


Please contact us by email at [email protected] to ask any questions regarding the platform or to receive further information regarding the use of the platform.


Last Updated: November 9, 2023