Terms of Service
Last Modified: February 9, 2026
Before utilizing any aspect of the platform operated by Inting Technologies Inc., conducting business under the trade name DuelSkill ("DuelSkill," "Company," "we," "our," or "us"), users are advised to thoroughly review both the present Terms of Service and the Privacy Policy.
1Formation of Agreement
The present document establishes a binding contractual relationship between Inting Technologies Inc., a federally incorporated Canadian entity conducting operations under the commercial designation DuelSkill, and yourself as the end user. These Terms of Service, in conjunction with all documents incorporated herein by express reference (collectively, the "Agreement"), shall govern your access to and utilization of the website located at duelskill.com (the "Platform"), our desktop and mobile software applications, and all associated content, features, and functionalities made available therethrough (collectively referred to as the "Services").
By accessing or utilizing the Services, or by manifesting assent through any acceptance mechanism provided, you acknowledge your binding acceptance of this Agreement in its entirety, including our Privacy Policy accessible at /privacy, which shall constitute an integral part hereof. Should you be unwilling or unable to accept these terms in full, you must immediately cease all use of and access to the Services.
The Company reserves the unilateral right to modify, supplement, or replace this Agreement at its sole discretion. Such amendments shall become effective immediately upon publication to the Services and shall apply prospectively to all subsequent use. Notwithstanding the foregoing, modifications to dispute resolution provisions shall not operate retroactively with respect to disputes of which either party had actual knowledge prior to the effective date of such modification. Your continued utilization of the Services following the posting of any amendment constitutes binding acceptance thereof. You acknowledge your obligation to periodically review this Agreement to remain apprised of its current terms.
2Eligibility Requirements and Jurisdictional Limitations
Minimum Age Requirement
The Services are intended solely for individuals who have attained the age of eighteen (18) years. Your access to, registration for, or use of the Services constitutes your representation and warranty that you are eighteen (18) years of age or older. If you are under the age of eighteen (18), you are expressly prohibited from accessing, registering for, or utilizing the Services in any manner whatsoever. The Company reserves the right to request proof of age at any time and to suspend or terminate, without notice or liability, any account that the Company reasonably believes is held by or being used by an individual under the age of eighteen (18). Any funds, credits, or balances associated with an account terminated on this basis shall be subject to forfeiture at the Company's sole discretion.
Jurisdictional Compliance
You are bound by, and bear exclusive and complete responsibility for, adherence to all statutes, regulations, ordinances, and legal requirements of the nation, state, province, territory, and municipality wherein You maintain residence and from which You access the Platform, authenticate Your credentials to the Platform, or engage in any competitive match with entry fees. You covenant and undertake to engage in entry-fee competitive activities solely upon having ascertained, through diligent inquiry and good-faith evaluation, that Your participation conforms to all applicable federal, state, provincial, local, and other governmental laws, regulations, and legal constraints to which You are subject.
Eligibility Within the United States of America
Engagement in fee-based competitive matches for monetary prizes or consideration is expressly prohibited and forbidden for residents of, and persons accessing the Platform from, the following jurisdictions within the United States, without limitation: Arizona, Hawaii, Iowa, Mississippi, Montana, Nevada, and South Dakota. The enumeration of the foregoing jurisdictions shall not be interpreted, construed, or relied upon as any indication, representation, suggestion, or warranty that Your participation from any jurisdiction not specifically enumerated herein is lawful, authorized, or permissible under applicable federal, state, or local statutes or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Eligibility Outside the United States of America
Engagement in fee-based competitive matches for monetary prizes or consideration may be unlawful, prohibited, or otherwise restricted within Your territorial jurisdiction, and it remains Your sole, exclusive, and non-delegable responsibility to ascertain and ensure full conformity with all such applicable legal requirements and constraints. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
You expressly covenant to indemnify, defend, and hold the Company wholly harmless from any and all liabilities, claims, damages, or causes of action arising from or relating to any circumstance wherein laws, statutes, regulations, or legal requirements applicable to Your person or jurisdiction prohibit, restrict, limit, or otherwise constrain Your participation in any competitive entry-fee match or contest facilitated through the Platform or Services. The Company makes no representation, warranty, covenant, or assurance, whether express, implied, statutory, or arising by operation of law, concerning Your legal entitlement, authorization, or right to participate in any competitive activity with entry fees facilitated through the Services. Furthermore, no person affiliated with, employed by, contracting with, or purporting affiliation with the Company possesses authority to render any such representation, warranty, or assurance on behalf of the Company.
3Account Registration and Management
The Company retains absolute discretion to modify, suspend, discontinue, or terminate the Services, in whole or in part, at any time and without advance notice. No liability whatsoever shall accrue to the Company arising from any unavailability of the Services, whether temporary or permanent.
User Obligations:
- Securing and maintaining all equipment, internet connectivity, and other resources necessary for Service access
- Ensuring that all persons accessing the Services through your internet connection are made aware of and comply with the terms of this Agreement
Certain features of the Services require account registration and the provision of specified information. You covenant that all information provided during registration and at all times thereafter shall be accurate, current, complete, and truthful. All information submitted is subject to our Privacy Policy, and you consent to all processing of your information as set forth therein.
Account credentials, including usernames, passwords, and any other authentication mechanisms, are confidential and must be safeguarded accordingly. You are prohibited from disclosing such credentials to any third party or permitting any other person to access the Services using your account. You shall notify the Company immediately upon discovering any unauthorized access to your account or any other security breach. Particular caution should be exercised when accessing your account from public or shared computing devices.
The Company may, in its sole discretion, suspend, restrict, terminate, or deactivate any account, and may freeze or withhold any funds or transactions associated therewith, where the Company reasonably determines that such action is warranted due to suspected fraudulent activity, cheating, platform abuse, violation of these Terms, or to satisfy legal or regulatory obligations. While the Company will endeavor to provide notice where practicable, immediate action may be taken without prior warning where necessary to safeguard platform integrity, security, or legal compliance. All enforcement actions shall be proportionate and consistent with applicable law.
The Company enforces a strict one-account-per-user policy. You are prohibited from registering, maintaining, or exercising control over more than one (1) account with the Company, whether directly or indirectly. You are further prohibited from granting any other person access to your account credentials or permitting any other person to operate your account for any purpose, and from accessing or operating any account that is not registered in your own name. The Company reserves the right to identify and link related accounts through any technical means available, including but not limited to IP address analysis, device fingerprinting, payment method correlation, and behavioral pattern analysis. Where the Company determines, in its sole discretion, that a user has violated this policy, all associated accounts shall be subject to immediate termination without prior notice and without liability to the Company.
You understand and accept that the creation or maintenance of an account does not vest in you any ownership, equitable entitlement, or possessory claim of any nature whatsoever with respect to such account or any data, virtual assets, or privileges associated therewith. Each account constitutes a revocable licence granted by the Company at its discretion, and the Company retains full dominion and control over all accounts at all times. Account deletion requests may be submitted to support@duelskill.com.
Account Termination and Fund Forfeiture
In the event of account termination or suspension for violation of this Agreement, including without limitation cheating, fraud, multi-accounting, collusion, use of prohibited software or services, submission of falsified evidence, or any other prohibited conduct, the Company reserves the absolute and unconditional right to permanently forfeit, seize, and retain all funds, credits, and account balances associated with the terminated account, without notice and without any obligation of reimbursement, refund, or compensation. Such forfeiture shall constitute liquidated damages for breach of this Agreement and shall not be construed as a penalty.
Account termination decisions, fund forfeiture determinations, and all related enforcement actions shall be made at the Company's sole and absolute discretion based upon the Company's independent investigation and evaluation of the available evidence. The Company shall have no obligation to disclose the specific evidence, investigatory methods, or reasoning underlying any termination decision. All such decisions shall be final, binding, and non-appealable.
You expressly waive any and all rights to challenge, appeal, or seek judicial or administrative review of any account termination, suspension, or fund forfeiture decision. You further acknowledge and agree that the Company shall bear no liability whatsoever for any losses, damages, or consequences arising from or relating to account termination, suspension, or fund forfeiture, regardless of whether such action was later determined to have been taken in error.
4Proprietary Rights and Intellectual Property Protections
All elements comprising the Services—including without limitation all information, software code, textual materials, graphical elements, photographic images, video content, audio content, structural design, content selection, and organizational arrangement—constitute proprietary property owned by the Company, its licensors, or authorized third-party content providers. Such materials are protected under applicable Canadian and international intellectual property laws, including statutes governing copyright, trademark, patent, industrial design, and confidential information.
This Agreement confers upon you solely a limited, personal, non-commercial license to access and use the Services. Absent express written authorization from the Company, you are prohibited from engaging in any of the following activities:
- Generating derivative works, adaptations, compilations, or translations of any content accessible through the Services, or otherwise altering, repackaging, or transforming such content in any manner
- Downloading, archiving, caching, mirroring, or retransmitting any portion of the Services, or broadcasting, exhibiting, staging, or otherwise making available any Service materials to the public through any medium
- Utilizing any aspect of the Services for commercial purposes
Permissible uses are limited to:
- Installing a single instance of any Company-distributed application on a device under your ownership or control, restricted exclusively to private, non-revenue-generating use
- Exercising social media sharing or redistribution functionality strictly to the extent such functionality is expressly made available and enabled by the Company within the Services
- Saving, printing, or reproducing a reasonable number of Platform pages strictly for individual archival or reference purposes, on the express condition that such copies are neither circulated, reposted, syndicated, nor exploited for any commercial gain
- Automatic retention of temporary files by your web browser in the ordinary course of display rendering and performance optimization
- Incidental and transient caching of content in device volatile memory during active browsing sessions
Prohibited activities include:
- Removing, defacing, obscuring, or tampering with any copyright, trademark, patent, or other proprietary rights notices affixed to or embedded within any materials obtained from the Services
- Extracting, isolating, or repurposing any visual, auditory, or multimedia elements—including but not limited to graphics, photographs, animations, video clips, and sound recordings—independently of the surrounding written materials in which they are presented
- Making any modification, alteration, annotation, or derivative adaptation to materials obtained from the Services, regardless of medium or format
Any violation of these restrictions results in automatic termination of your license to use the Services and may obligate you to return or destroy all copies of materials in your possession. No ownership rights or intellectual property interests are transferred to you through use of the Services.
The Company maintains no endorsement, affiliation, sponsorship, or formal relationship with Activision Blizzard, Inc., Apple Inc., Arc System Works Co., Ltd., Bandai Namco Entertainment Inc., Capcom Co., Ltd., Digital Extremes Ltd., Electronic Arts Inc., Embark Studios AB, Epic Games, Inc., Facepunch Studios Ltd., Hi-Rez Studios, Inc., KRAFTON, Inc., Marvel Games, Meta Platforms, Inc., Microsoft Corporation, NetEase Games, PlayStation, Riot Games, Inc., Roblox Corporation, Sony Interactive Entertainment, Supercell Oy, Take-Two Interactive Software, Inc., Twitch Interactive, Inc., Ubisoft Entertainment SA, Valve Corporation, Warner Bros. Games Inc., Xbox, or any other third-party entities. All third-party trademarks, service marks, trade dress, and associated imagery remain the exclusive property of their respective owners.
The DuelSkill name, logo, and all related designations, logos, product and service names, design elements, and slogans constitute trademarks owned by the Company, its affiliates, or licensors. Unauthorized use of such marks is strictly prohibited. All other trademarks appearing within the Services are the property of their respective owners.
5Desktop Application License and Restrictions
Authorized Use and Licence
Conditioned upon your ongoing adherence to every obligation set forth in this Agreement, the Company confers upon you a personal, circumscribed, non-exclusive, revocable, and non-assignable privilege to retrieve, install, and run a single instance of the Company's desktop software ("Application") on one computer that you own or lawfully control. This privilege extends solely to private, non-revenue-generating purposes and must be exercised in conformity with any accompanying technical documentation. You may additionally interact with those portions of the Services that are delivered through the Application, subject to the full body of terms contained herein.
The foregoing privilege is precarious in nature and may be withdrawn by the Company for any reason or for no stated reason, effective immediately and without advance notice. Without limiting the generality of the foregoing, the privilege shall lapse automatically and without further action by the Company upon: (i) your contravention of any term of this Agreement or any policy incorporated by reference; or (ii) the Company's decision to discontinue support for the Application. Upon such lapse or withdrawal, you shall immediately cease operating the Application and shall irrevocably purge every copy thereof from all computing equipment and storage systems within your custody or control. The lapse or withdrawal of the privilege described herein shall not prejudice, diminish, or otherwise affect any additional rights, claims, or remedies to which the Company may be entitled under applicable law or in equity.
Prohibited Conduct Relating to the Application
You shall refrain from each of the following activities in connection with the Application:
- Neutralizing, bypassing, deactivating, or otherwise undermining any technological safeguard, access-control mechanism, or integrity-verification feature embedded within or protecting the Application
- Decompiling, disassembling, decrypting, or employing any technique, tool, or process intended to reconstruct, approximate, or reveal the Application's source code, proprietary algorithms, or internal data structures
- Making the Application or any component thereof available to any third party through any conveyance whatsoever, whether by way of sale, lending, leasing, sublicensing, delegation, hosting on a shared network, or any analogous arrangement
- Producing copies of the Application beyond the single authorized installation expressly contemplated by the privilege granted above
- Defacing, concealing, removing, or interfering with any proprietary legend, trademark notice, patent marking, copyright attribution, or other ownership indicator affixed to or displayed within the Application
- Adapting, translating, annotating, reconfiguring, or otherwise preparing any work derived from or based upon the Application, in whole or in part
Retained Ownership
Nothing in this Agreement operates to transfer, convey, or assign any proprietary interest in the Application to you. The privilege conferred above is strictly a licence of use and does not constitute a sale, assignment, or other disposition of intellectual property. The Company and its respective licensors retain absolute and unencumbered ownership of the Application in its entirety, together with all patents, copyrights, trade secrets, trademarks, and every other intellectual property right subsisting therein or appurtenant thereto, whether registered or unregistered, in all jurisdictions worldwide.
Maintenance Releases and Service Continuity
From time to time the Company may issue maintenance releases, security patches, performance optimizations, feature additions, compatibility adjustments, or other revisions to the Application (each, a "Release"). A Release may introduce new capabilities, modify existing behaviours, or discontinue previously available functionality. The issuance of any Release is entirely discretionary, and the Company assumes no obligation to develop, deliver, or sustain any particular Release or feature set.
Your system configuration may permit Releases to be retrieved and applied without manual intervention, or you may be prompted to initiate the process yourself. Timely application of all Releases is strongly encouraged; operating an outdated version of the Application may degrade performance, introduce security exposure, or impair compatibility with the Services. Every Release shall be deemed an integral component of the Application and shall be governed by this Agreement in its entirety.
You acknowledge that availability of the Services may be interrupted, degraded, or suspended at any time due to scheduled maintenance, unscheduled outages, network conditions, or other factors whether or not within the Company's control. No commitment or guarantee of uninterrupted or continuous access is made or implied.
International Trade Compliance
The Application may fall within the scope of Canadian export and transfer controls, including the Export and Import Permits Act, R.S.C. 1985, c. E-19, as well as multilateral non-proliferation regimes and the trade-restriction frameworks of other jurisdictions in which the Application may be accessed. You shall not, directly or through intermediaries, ship, transmit, divert, or otherwise furnish the Application to any destination, end-user, or end-use that is proscribed under applicable trade-control legislation. Prior to any cross-border transfer of the Application, you shall secure all requisite governmental permits, export licences, and regulatory clearances.
You affirm that you are not ordinarily resident in, situated within, or subject to the jurisdiction of any state against which Canada, the United Nations Security Council, or another competent authority has imposed comprehensive economic sanctions, and that you do not appear on any sanctions list, denied-persons list, or restricted-party register maintained by any governmental body.
Screen Capture and Recording Functionality
The desktop application incorporates screen capture, screen recording, input monitoring, and gameplay recording functionality necessary for match verification, dispute resolution, and fraud prevention purposes. By installing and using the application, you expressly grant the Company the irrevocable, perpetual, worldwide right to capture, record, process, analyze, store, and utilize screenshots, video recordings, keyboard inputs, mouse inputs, system information, and any other data generated during your use of the application or participation in competitive matches.
You acknowledge and agree that captured recordings may contain personal information, communications with third parties, or other sensitive data visible on your screen during recording sessions. You bear sole and exclusive responsibility for ensuring that no confidential, proprietary, private, or otherwise sensitive information is visible or accessible during recording periods. The Company shall bear no liability whatsoever for the capture, processing, storage, or disclosure of any such information.
You further acknowledge that you possess all necessary rights, permissions, consents, and authorizations to permit the capture and recording of all content, communications, and materials displayed on your screen during use of the application. You represent and warrant that no third-party rights, including without limitation copyright, trademark, privacy, publicity, or confidentiality rights, will be violated by the Company's capture, processing, or use of recorded content.
Anti-Cheat and Third-Party Software Compatibility
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE DESKTOP APPLICATION MAY BE DETECTED AS SUSPICIOUS OR PROHIBITED SOFTWARE BY THIRD-PARTY ANTI-CHEAT SYSTEMS, GAME PUBLISHERS' SECURITY SOFTWARE, OR OTHER MONITORING TOOLS EMPLOYED BY VIDEO GAME DEVELOPERS OR PUBLISHERS. USE OF THE APPLICATION MAY RESULT IN WARNINGS, ACCOUNT RESTRICTIONS, TEMPORARY SUSPENSIONS, OR PERMANENT BANS FROM THIRD-PARTY GAMES OR PLATFORMS.
The Company actively endeavors to design, develop, and maintain the desktop application in a manner that minimizes conflicts with third-party anti-cheat systems and security software. The Company regularly tests the application against prevalent anti-cheat solutions and implements technical measures intended to reduce the likelihood of false positive detections. In the event that a user experiences an adverse action from a third-party game publisher or platform operator that the user reasonably believes to be attributable to the use of the Company's desktop application, the Company shall make commercially reasonable efforts to assist the affected user, which may include providing documentation or correspondence to the relevant third-party publisher or platform operator confirming the legitimate nature and purpose of the application.
Notwithstanding the foregoing, the Company makes no representation, warranty, or guarantee regarding the compatibility of the desktop application with any third-party software, games, anti-cheat systems, or security tools. The Company expressly disclaims all liability for any consequences arising from conflicts between the application and third-party software, including but not limited to game account suspensions, bans, restrictions, or terminations imposed by third-party game publishers or platform operators.
You acknowledge that the decision to install and use the desktop application is made entirely at your own risk and that, notwithstanding the Company's efforts to ensure compatibility and provide assistance as described above, the Company shall bear no ultimate responsibility or liability for any adverse consequences resulting from the application's interaction with third-party software, systems, or services. You expressly release and hold harmless the Company from any and all claims, damages, losses, or liabilities arising from or relating to third-party restrictions, bans, or enforcement actions resulting from your use of the application.
System Requirements and Performance
The application requires specific system resources, including processing power, memory, storage space, and network connectivity. The Company makes no guarantee that the application will function properly on any particular system configuration, operating system version, or hardware specification. You bear sole responsibility for ensuring that your system meets all requirements necessary for proper application functionality.
The application may cause system performance degradation, increased resource consumption, elevated temperatures, reduced battery life, or other adverse effects on system performance. The Company shall not be liable for any hardware damage, system instability, data loss, or other consequences arising from installation or use of the application.
6Video Recordings, Evidence Submission, and Content Rights
Recording Submission and License Grant
The Services may require or permit users to submit video recordings, screen captures, gameplay footage, input data, statistical information, or other evidentiary materials (collectively, "Recordings") for purposes of match verification, dispute resolution, fraud detection, or platform integrity enforcement. By submitting any Recording to the Services, you hereby grant to the Company, its affiliates, successors, assigns, and service providers an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, process, analyze, modify, adapt, publish, transmit, display, store, archive, and create derivative works from such Recording for the following purposes: match verification and outcome determination; dispute resolution and adjudication; fraud detection and prevention; cheat detection and anti-cheat enforcement; platform integrity and security enforcement; moderator training and quality assurance; artificial intelligence and machine learning model training, development, and improvement; automated verification system development and enhancement; statistical analysis and platform performance optimization; compliance with legal, regulatory, or law enforcement obligations; and such other purposes as are reasonably related to the operation, maintenance, improvement, and protection of the Services, all without further notice to you, attribution, or compensation.
You retain ownership of Recordings submitted to the Services, subject to the foregoing license grant. However, you acknowledge and agree that once submitted, Recordings cannot be deleted, withdrawn, or revoked, and the license granted herein shall survive termination of your account or this Agreement.
Representations and Warranties Regarding Recordings
You represent, warrant, and covenant that:
- You are the sole creator and owner of all Recordings submitted, or you possess all necessary rights, licenses, permissions, consents, and authorizations to submit such Recordings and grant the license specified herein
- All Recordings submitted are authentic, unedited, unaltered, and accurately depict the events, gameplay, and circumstances they purport to represent
- No Recordings have been manipulated, modified, spliced, edited, or tampered with in any manner whatsoever
- All Recordings are complete and include all relevant footage from the commencement to conclusion of the match or event depicted
- No portion of any Recording has been deleted, removed, obscured, or omitted
- All timestamps, metadata, and associated information accompanying Recordings are accurate and have not been falsified or manipulated
- Recordings do not infringe any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights
- Recordings comply with all applicable laws, regulations, and this Agreement
Consequences of Falsified or Manipulated Evidence
Submission of falsified, edited, manipulated, incomplete, or otherwise inauthentic Recordings constitutes fraud and a material breach of this Agreement. Any user determined by the Company, in its sole discretion, to have submitted falsified or manipulated evidence shall be subject to immediate and permanent account termination, forfeiture of all funds and account balances, reporting to law enforcement authorities where appropriate, and pursuit of all available legal remedies including civil and criminal prosecution.
The Company reserves the right to employ any technological means, analytical tools, forensic techniques, artificial intelligence systems, or expert analysis to authenticate, verify, analyze, or detect manipulation of submitted Recordings. You expressly consent to such analysis and agree to cooperate fully with any investigation or verification procedures.
Recording Retention and Privacy
The Company shall retain Recordings for such period as the Company deems necessary or appropriate for business, legal, regulatory, or operational purposes. You acknowledge that Recordings may contain personal information, communications with third parties, gameplay from third-party games, or other sensitive content. By submitting Recordings, you acknowledge that you have obtained all necessary consents and permissions from any individuals whose likenesses or personal information may be captured in such Recordings.
Recordings submitted to the Services shall not be publicly accessible or viewable by other users except as necessary for dispute resolution, moderation, or platform integrity purposes. However, the Company makes no guarantee of confidentiality and reserves the right to disclose Recordings to third parties as required by law, legal process, regulatory requests, or as necessary to enforce this Agreement or protect the rights, property, or safety of the Company or others.
Use of Recordings as Evidence
Recordings submitted through the Services may be utilized as evidence in match outcome determinations, dispute resolutions, fraud investigations, ban decisions, or other enforcement actions. By submitting Recordings, you acknowledge and agree that such Recordings may be determinative in resolving disputes and that the Company's interpretation, analysis, or evaluation of Recordings shall be final and binding.
The Company shall have no obligation to review, analyze, or consider Recordings submitted by users and may determine match outcomes, resolve disputes, or take enforcement actions based solely upon its automated verification systems, artificial intelligence analysis, moderator review, or any other methodology the Company deems appropriate, without regard to user-submitted Recordings.
File Size, Format, and Technical Requirements
The Company may impose limitations on Recording file sizes, formats, durations, resolutions, or other technical specifications. Recordings that fail to meet technical requirements may be rejected, and users may be required to resubmit compliant Recordings. Failure to submit Recordings in compliance with technical requirements may result in adverse match determinations, dispute resolution outcomes, or other consequences.
The Company shall bear no liability for corruption, loss, unavailability, or technical issues affecting Recordings, whether arising from user error, transmission failures, storage limitations, or any other cause.
7Prohibited Conduct and Acceptable Use
Your engagement with the Services shall at all times conform to the requirements of all applicable laws, regulations, and governmental directives, and shall not deviate from the obligations, limitations, and conditions established under this Agreement. You covenant and agree not to engage in any of the following prohibited activities:
- Contravening any applicable federal, state, provincial, local, or international statute, regulation, ordinance, treaty obligation, or rule, including without limitation export control and sanctions regulations
- Misrepresenting your identity, credentials, or organizational affiliation, or impersonating the Company, any Company representative, another user, or any other natural or legal person
- Engaging in, promoting, facilitating, or providing material support for unauthorized intrusion into computer systems, social engineering attacks, credential harvesting, circulation of infringing or fraudulent reproductions of the Services, or the identification, weaponization, or abuse of programming errors, unpatched security flaws, unintended feature behaviours, or weaknesses in application programming interfaces or external service connectors; provided, however, that nothing herein shall prohibit the discrete and non-public reporting of suspected security deficiencies directly to the Company in accordance with principles of coordinated vulnerability disclosure
- Circumventing, manipulating, or interfering with the intended operation of the Services through any technical or non-technical means, including but not limited to employing virtual private networks, proxy servers, or anonymization tools to evade geographic restrictions, manipulate matchmaking algorithms, or obtain unfair competitive advantages
- Distributing, transmitting, or procuring the sending of unsolicited or unauthorized advertising, promotional materials, bulk electronic messages, chain correspondence, pyramid schemes, or any other form of mass or automated solicitation
- Exploiting, endangering, or attempting to exploit or endanger minors in any manner, including exposing them to inappropriate content, soliciting their personal information, or facilitating contact between minors and the Services
- Restricting, degrading, or interfering with other users' ability to access, use, or enjoy the Services, or engaging in conduct that may cause harm or reputational damage to the Company, its users, or any third party, or that may expose any such party to legal liability
- Transmitting, uploading, downloading, or otherwise handling materials in contravention of the terms and conditions of this Agreement
- Conducting yourself in any manner that the Company determines, in its sole discretion, to be contrary to the intended purpose, spirit, or proper functioning of the Services
You further covenant not to:
- Introduce, upload, transmit, or cause the distribution of any malicious code, including without limitation viruses, ransomware, trojan horses, worms, keystroke loggers, rootkits, logic bombs, time bombs, or any other software or code designed to damage, disrupt, or gain unauthorized access to computer systems or data
- Initiate, participate in, or facilitate any denial-of-service attack, distributed denial-of-service attack, traffic flooding, or any other coordinated effort to render the Services unavailable or to degrade Service performance
- Probe, scan, test, or attempt to penetrate or circumvent the security measures of any portion of the Services, any server infrastructure on which the Services are hosted, any connected database or storage system, or any other user's account, except where expressly authorized in writing by the Company
- Employ any automated means—including robots, spiders, crawlers, scrapers, data miners, or comparable extraction tools—to access, index, harvest, monitor, or reproduce any portion of the Services or any data contained therein
- Engage in manual or semi-automated monitoring, systematic copying, bulk extraction, or data aggregation activities with respect to the Services, except as expressly authorized under this Agreement
- Install, execute, or deploy any device, software, routine, agent, script, or other technology that interferes with, disrupts, or impedes the normal operation, availability, or performance of the Services
- Impose an unreasonable or disproportionate load on Service infrastructure, or take any action that could disable, overburden, damage, impair, or degrade the Services or interfere with other users' concurrent activities or real-time usage
- Otherwise compromise the integrity, confidentiality, availability, or proper functioning of the Services through any means, whether technical or non-technical
Cheating, Fraud, and Competitive Misconduct
Cheating, fraudulent conduct, and any form of dishonest behavior in connection with competitive activities are strictly prohibited. Without limiting the generality of the foregoing, you shall not:
- Utilize any unauthorized third-party software, hardware device, or modification that provides an unfair competitive advantage, including but not limited to aimbots, wallhacks, map hacks, trigger bots, automated macros, or scripting tools
- Exploit any game defect, glitch, error, or unintended mechanic for competitive advantage or personal gain
- Gain or attempt to gain unauthorized access to other users' accounts or engage in any activity designed to disrupt or compromise the Services
- Create, operate, or utilize accounts at artificially reduced skill ratings or rankings for the purpose of obtaining unfair advantages (commonly known as "smurfing")
- Intentionally perform below your actual skill level or deliberately lose competitive matches for purposes of manipulating rankings, matchmaking, match outcomes, or other competitive systems
- Permit any third party to access your account or compete on your behalf in any entry-fee competition or competitive match
- Collude or coordinate with other participants in any manner that undermines fair competition, including kill trading, sharing strategic information with opponents, or engaging in any other form of in-game collusion
- Enter into agreements or arrangements to predetermine, fix, or manipulate match outcomes for financial gain or competitive advantage
- Coordinate with other users to manipulate matchmaking, game outcomes, or competitive systems through queue coordination, team stacking, or similar tactics
Violation of these prohibitions may result in account suspension, permanent account termination, forfeiture of funds, and pursuit of all available legal and equitable remedies. The Company reserves the right to investigate allegations of prohibited conduct by requesting gameplay recordings, screenshots, statistical evidence, or other documentary proof. All investigatory and enforcement actions shall be conducted at the Company's sole discretion.
Where live streaming or video recording is mandated as a condition of match participation, users must retain all corresponding video-on-demand (VOD) recordings for a minimum period of seven (7) days following match completion. Premature deletion, privatization, or removal of required VOD content may result in match forfeiture, account suspension, fund forfeiture, or other disciplinary measures as determined by the Company.
Community Conduct, Sportsmanship, and Profile Standards
The Company is committed to maintaining a respectful, fair, and enjoyable environment for all users of the Services. You acknowledge that the Company may, in its sole and absolute discretion, take enforcement action — including but not limited to issuing warnings, temporarily suspending accounts, permanently banning accounts, freezing account funds, forfeiting account balances, restricting access to features, or imposing any other sanction the Company deems appropriate — against any user whose conduct, profile content, or use of the Services the Company determines to be in violation of the standards set forth herein or otherwise detrimental to the community, the platform, or the experience of other users.
Without limiting the generality of the foregoing, the Company may take enforcement action against users who engage in any of the following conduct:
- Toxic Behavior: Engaging in toxic, abusive, threatening, intimidating, or harassing conduct directed at other users, whether through in-game chat, voice communications, platform messaging, match chat, or any other communication channel associated with the Services
- Unsportsmanlike Conduct: Engaging in unsportsmanlike, disrespectful, or bad-faith behavior during or in connection with Matches, including but not limited to excessive taunting, deliberate time-wasting, intentional griefing, rage-quitting with the intent to disrupt, or any other conduct that degrades the competitive integrity or enjoyment of the Match for other participants
- Disruptive Behavior: Engaging in conduct that disrupts, interferes with, or negatively impacts the experience of other users on the platform, including but not limited to spamming, trolling, deliberately provoking other users, repeatedly filing frivolous or bad-faith disputes, or otherwise acting in a manner calculated to cause annoyance, distress, or inconvenience to other users
- Harassment and Hate Speech: Directing harassment, threats, slurs, hate speech, discriminatory language, or any form of bigotry at other users on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other characteristic, whether through text, voice, images, or any other medium
- Inappropriate Profile Pictures and Avatars: Using profile pictures, avatars, banners, or any other visual content associated with your account that is obscene, pornographic, sexually explicit, violent, graphic, offensive, hateful, discriminatory, misleading, or otherwise inappropriate or objectionable as determined by the Company in its sole discretion. The Company may remove, replace, or reset any profile imagery without prior notice and may suspend or terminate accounts of users who repeatedly upload inappropriate visual content
- Inappropriate Usernames and Display Names: Using usernames, display names, clan tags, team names, or any other text-based identifiers associated with your account that are obscene, vulgar, profane, sexually explicit, offensive, hateful, discriminatory, threatening, misleading, or that impersonate other users, public figures, Company personnel, or any other individual or entity. The Company may force a change of any username or display name without prior notice and may suspend or terminate accounts of users who repeatedly adopt inappropriate or prohibited identifiers
- General Misconduct: Engaging in any other conduct that the Company determines, in its sole and absolute discretion, to be harmful to the community, contrary to the spirit of fair and respectful competition, or detrimental to the reputation, integrity, or operation of the Services
The Company's determination as to whether any conduct, profile content, or use of the Services constitutes a violation of the standards set forth in this section shall be made in the Company's sole and absolute discretion and shall be final, binding, and not subject to appeal or review. The Company is under no obligation to provide warnings prior to taking enforcement action, to apply enforcement measures uniformly or consistently across all users or incidents, or to justify, explain, or disclose the reasoning behind any enforcement decision. The Company may take enforcement action based on a single incident or based on a pattern of behavior, at its sole discretion.
THE COMPANY RESERVES THE RIGHT, BUT SHALL NOT BE UNDER ANY OBLIGATION, TO MONITOR, REVIEW, OR INVESTIGATE USER CONDUCT, COMMUNICATIONS, PROFILE CONTENT, AND USE OF THE SERVICES FOR COMPLIANCE WITH THE STANDARDS SET FORTH HEREIN. THE COMPANY'S DECISION NOT TO TAKE ENFORCEMENT ACTION IN ANY PARTICULAR INSTANCE SHALL NOT CONSTITUTE A WAIVER OF THE COMPANY'S RIGHT TO TAKE ENFORCEMENT ACTION IN THAT OR ANY FUTURE INSTANCE, NOR SHALL IT CREATE ANY EXPECTATION, PRECEDENT, OR ENTITLEMENT ON THE PART OF ANY USER. YOU EXPRESSLY ACKNOWLEDGE THAT THE ENFORCEMENT OF COMMUNITY CONDUCT STANDARDS IS DISCRETIONARY AND THAT THE COMPANY BEARS NO LIABILITY WHATSOEVER FOR ANY FAILURE TO DETECT, INVESTIGATE, OR TAKE ACTION AGAINST USERS WHO ENGAGE IN TOXIC, DISRUPTIVE, UNSPORTSMANLIKE, OR OTHERWISE PROHIBITED CONDUCT.
8Competitive Matches and Financial Terms
Competitive Match Framework
Through the Services, users may elect to participate in paid, one-on-one or multi-participant contests of individual ability conducted within supported multiplayer video game titles (each such contest, a "Match"). The outcome of every Match is contingent exclusively upon the relative proficiency of the competing participants as measured against title-specific performance benchmarks, scoring methodologies, and adjudication standards promulgated by the Company.
Eligibility to compete in Matches is subject to a dual age threshold: you must have reached both (i) the minimum age of eighteen (18) years prescribed by Section 3 of this Agreement, and (ii) the minimum age at which the laws of your province, state, territory, or other sub-national jurisdiction of residence permit participation in contests of skill conducted for monetary consideration. Persons whose local law prohibits entry into skill-based competitions offering cash or other valuable prizes must abstain from Match participation entirely. The Company reserves the right to demand documentary proof of eligibility, including age and residency verification, at any stage before, during, or after a Match.
Prior to the start of each Match, the applicable participation fee and the aggregate prize value at stake will be prominently displayed within the Services. You accept full and exclusive financial responsibility for every participation fee you incur. All participation fees are irrevocable upon submission; no guarantee of a favourable outcome accompanies any fee paid. Your designated payment instrument will be debited at the point of Match acceptance.
Match Rules and Victory Conditions
The user who creates a Match ("Match Creator") may specify custom rules, settings, and victory conditions for that Match exclusively through the Match creation interface provided by the Services ("Match Settings"). Only rules, settings, and victory conditions specified within the Match Settings at the time of Match creation shall be binding on participants. Any game settings, parameters, or configurations not expressly specified in the Match Settings shall default to the standard in-game default settings for the applicable game mode. Participants are responsible for reviewing all Match Settings prior to accepting and entering a Match.
Unless the Match Creator has expressly specified alternative victory conditions in the Match Settings, the winner of a Match shall be the participant who achieves the in-game victory condition as displayed by the applicable game's victory or defeat screen. In games that consist of multiple rounds, halves, or periods required to produce an overall winner, the final in-game victory or defeat screen at the conclusion of all such rounds shall be determinative, not the outcome of any individual round, half, or period, unless the Match Creator has expressly specified otherwise in the Match Settings. The appearance of the in-game victory screen in favor of a participant shall constitute conclusive evidence of that participant's victory for purposes of Match outcome determination.
Disconnection, Abandonment, and Failure to Complete a Match
If, at any point during an active Match, a participant disconnects from the game, leaves the game session, closes the game application, powers off their device, loses their internet connection, or otherwise ceases to be an active and present participant in the ongoing Match for any reason whatsoever (each, a "Disconnection Event"), and such participant fails to successfully reconnect to and rejoin the same Match session prior to its natural conclusion as determined by the in-game victory or defeat screen or by the victory conditions specified by the Match Creator in the Match Settings, the disconnected participant shall be deemed to have forfeited the Match and shall be treated as having lost the Match for all purposes under this Agreement, including but not limited to Match outcome determination, prize distribution, and voting procedures.
This automatic forfeiture rule applies absolutely and without exception, regardless of the cause, duration, or circumstances of the Disconnection Event, including but not limited to: internet service provider outages or disruptions; power failures or electrical interruptions; hardware malfunctions, crashes, or failures; software errors, game crashes, or application instability; operating system updates, restarts, or failures; router, modem, or networking equipment failures; acts of God, natural disasters, or force majeure events; third-party interference with network connectivity; game server issues attributable to the game publisher; personal emergencies or unforeseen circumstances; accidental disconnections or unintentional closure of the game; or any other cause, whether within or outside the participant's control. No claim of involuntary disconnection, technical failure, or circumstances beyond the participant's control shall constitute grounds for overturning, reversing, or modifying the forfeiture determination.
In the context of a Team Match, if one or more members of a team experience a Disconnection Event, the Match shall continue and proceed to its natural conclusion as determined by the in-game victory or defeat screen or, where the Match Creator has specified alternative victory conditions in the Match Settings, as determined by such victory conditions. The Match outcome — whether established by the in-game victory or defeat screen or by the victory conditions set forth in the Match Settings — shall be final and binding upon all members of both teams, irrespective of whether all team members remained connected for the entirety of the Match. If the team with one or more disconnected members achieves a victory (whether by in-game victory screen or by satisfaction of the Match Creator's specified victory conditions), that victory shall stand. If the team with one or more disconnected members loses the Match or otherwise fails to achieve a victory under the applicable victory conditions, the loss shall be equally final and binding upon all members of the team, and no team member — whether connected or disconnected — shall be entitled to dispute, contest, appeal, or seek reversal of the Match outcome on the basis that the team was disadvantaged, undermanned, or otherwise prejudiced by a teammate's Disconnection Event. The disconnection, absence, or unavailability of one or more teammates shall not constitute grounds for Match cancellation, nullification, refund of entry fees, or any other form of relief or accommodation. Each team member expressly acknowledges and accepts that participating in a Team Match inherently carries the risk that one or more teammates may disconnect, abandon, or otherwise fail to complete the Match, and that such risk is borne entirely by the team and its individual members, not by the Company. By entering a Team Match, you irrevocably waive any and all claims, objections, or rights of recourse arising from or relating to a teammate's Disconnection Event, including but not limited to claims that the Match result would have been different had the teammate remained connected, that the loss was attributable to the teammate's absence rather than the team's performance, or that the circumstances rendered the Match unfair or inequitable.
THE COMPANY SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, FORFEITED ENTRY FEES, UNRECEIVED PRIZES, OR OTHER ADVERSE CONSEQUENCES ARISING FROM OR RELATING TO ANY DISCONNECTION EVENT, WHETHER AFFECTING YOU OR YOUR TEAMMATES, REGARDLESS OF THE CAUSE OR CIRCUMSTANCES THEREOF. BY ENTERING ANY MATCH, YOU IRREVOCABLY ACKNOWLEDGE AND ACCEPT THAT MAINTAINING A CONTINUOUS, UNINTERRUPTED CONNECTION TO THE GAME SESSION FOR THE ENTIRE DURATION OF THE MATCH IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY, AND THAT ANY FAILURE TO DO SO WILL RESULT IN AUTOMATIC FORFEITURE WITH NO RIGHT OF APPEAL, REVERSAL, REFUND, OR RECOURSE OF ANY KIND. THE COMPANY IS UNDER NO OBLIGATION TO INVESTIGATE THE CAUSE OF ANY DISCONNECTION EVENT, TO GRANT EXCEPTIONS OR ACCOMMODATIONS FOR INVOLUNTARY DISCONNECTIONS, OR TO PROVIDE ANY FORM OF RELIEF, COMPENSATION, OR REMEDY TO ANY USER WHO EXPERIENCES A DISCONNECTION EVENT DURING A MATCH.
You are strongly advised to ensure the stability and reliability of your internet connection, hardware, software, and all other systems necessary for uninterrupted gameplay prior to entering any Match. Entry into a Match constitutes your representation and warranty that you have taken all reasonable precautions to minimize the risk of a Disconnection Event and your irrevocable acceptance of the automatic forfeiture consequences set forth herein.
Match rules, settings, and victory conditions may not be amended, modified, supplemented, or overridden after Match creation by any means, including but not limited to communications in the match chat, direct messages, verbal agreements, or any other form of correspondence between participants. Any purported agreement between participants to alter Match rules outside of the Match Settings shall be void, unenforceable, and shall not be considered by the Company in any dispute resolution or outcome determination. The Company shall rely exclusively on the Match Settings as displayed on the platform when adjudicating disputes.
Certain in-game settings, parameters, or configurations may not have a predefined default value and may require manual selection or adjustment by the players within the game lobby prior to Match commencement. Where such a setting is not specified in the Match Settings and no in-game default exists, participants accept and assume full responsibility for the state of that setting as it exists at the time of gameplay. The Company makes no representation or guarantee regarding the configuration of any in-game setting that is neither specified in the Match Settings nor governed by an in-game default, and shall bear no liability for any Match outcome affected by such unspecified settings. It is the sole responsibility of each participant to verify and, if necessary, negotiate all in-game lobby settings with their opponent prior to commencing gameplay.
The video games facilitated through the Services are developed, published, and operated by independent third-party publishers and studios over which the Company exercises no control. Such third parties may, at any time and without notice, modify, update, or otherwise alter in-game default settings, game rules, victory conditions, scoring systems, game modes, or any other aspect of gameplay. The Company makes no representation or guarantee that in-game defaults, rules, or victory conditions will remain consistent over time and assumes no obligation to monitor, track, or notify users of any such changes. Users bear sole responsibility for staying informed of any updates, patches, or modifications to the games in which they participate and for understanding how such changes may affect Match rules and outcomes. The Company shall bear no liability for any Match outcome affected by changes to in-game defaults, rules, or victory conditions implemented by third-party game publishers.
By entering a Match, you acknowledge that you have reviewed and accepted all applicable Match Settings, rules, and victory conditions (whether expressly specified by the Match Creator, defaulting to in-game defaults, or, where no default exists, as configured at the time of gameplay), and you agree to be bound by them. Disputes arising from a participant's failure to review Match Settings, verify in-game lobby configurations, or stay informed of changes to in-game rules or defaults shall not constitute grounds for Match cancellation, reversal, or refund.
The Company levies a commission on every participation fee collected (the "Commission"), which shall be deducted and retained by the Company before the remaining balance is allocated to the prize pool. The applicable Commission rate is determined by the Company in its sole and absolute discretion and may be set, adjusted, increased, or decreased at any time without advance notice to users. The Commission rate in effect at the time of any given Match shall be clearly displayed within the Services prior to your entry into that Match. By entering a Match, you irrevocably accept and agree to the Commission rate displayed at the time of entry, and you waive any claim, objection, or right of recourse with respect to the Commission rate so applied. The Company is under no obligation to maintain any particular Commission rate, to apply a uniform Commission rate across all Matches or user categories, or to provide justification for any change in the Commission rate. After deduction of the applicable Commission, the remaining balance of all participation fees shall flow into the prize pool for the applicable Match. Each participant is obligated to submit a results declaration through the Services promptly upon the conclusion—or early termination—of a Match, following the reporting workflow prescribed by the Company. The Company holds unqualified and exclusive discretion to authenticate results, resolve contested outcomes, and confirm the prevailing participant. Your entry into any Match constitutes an irrevocable acceptance of and commitment to abide by every such determination. Once the Company has confirmed the prevailing participant, the full prize pool balance shall be deposited into that participant's account.
Supplementary Platform Levy
Separately from the Commission described above, the Company may impose an additional per-Match platform levy ("Platform Service Fee") that becomes payable when a Match commences. The quantum of the Platform Service Fee is determined by the Company in its unfettered discretion and may be adjusted, increased, or decreased at any time without advance notice. The Platform Service Fee, if any, shall be displayed within the Services prior to your entry into the applicable Match, and your entry shall constitute acceptance of the Platform Service Fee so displayed. Users who maintain an active DuelSkill Plus subscription in good standing shall be wholly exempt from the Platform Service Fee for the duration of their subscription.
Payment Method Security and Exclusivity
As a condition of depositing funds into or through the Services, you represent and warrant that every payment instrument employed in connection with your account — whether a credit card, debit card, electronic wallet, or other financial medium — is registered in your own legal name and subject to your exclusive lawful control. The Company reserves the right to suspend access to, or permanently terminate, any account in respect of which there exist reasonable grounds to believe that a deposit has been funded, in whole or in part, through a payment instrument belonging to or controlled by a person other than the registered account holder.
EVERY MONETARY OBLIGATION ARISING UNDER OR IN CONNECTION WITH THE SERVICES—INCLUDING WITHOUT LIMITATION PARTICIPATION FEES, SUBSCRIPTION CHARGES, PLATFORM SERVICE FEES, AND ALL OTHER SUMS—MUST BE SATISFIED IN FULL BEFORE THE RELEVANT SERVICE IS RENDERED, SHALL BE TREATED AS EARNED IN THEIR ENTIRETY AT THE MOMENT OF PAYMENT, AND SHALL NOT BE SUBJECT TO REVERSAL, REIMBURSEMENT, OR CREDIT UNDER ANY CIRCUMSTANCES WHATSOEVER, SAVE AND EXCEPT WHERE THE MANDATORY CONSUMER PROTECTION STATUTES OF THE JURISDICTION IN WHICH YOU RESIDE EXPRESSLY PROHIBIT SUCH A LIMITATION. IN THE EVENT OF ACCOUNT TERMINATION OR DEACTIVATION—WHETHER INITIATED BY YOU OR IMPOSED BY THE COMPANY—YOU FORFEIT ALL RESIDUAL VALUE ASSOCIATED WITH THE ACCOUNT, INCLUDING WITHOUT LIMITATION UNSPENT BALANCES, UNREDEEMED VIRTUAL GOODS, UNEXPIRED SERVICE ENTITLEMENTS, AND ANY OTHER ACCRUED BUT UNCONSUMED BENEFITS, WITHOUT RECOURSE TO REFUND, OFFSET, OR INDEMNITY OF ANY KIND.
Chargebacks, Payment Reversals, and Disputed Transactions
You agree that you will not initiate, file, or otherwise pursue any chargeback, payment reversal, payment dispute, or similar claim with your bank, credit card issuer, debit card issuer, PayPal, or any other payment provider or financial institution (collectively, a "Chargeback") with respect to any transaction lawfully processed through the Services, including without limitation entry fees, subscription fees, platform service fees, or any other charges authorized under this Agreement. By using the Services and submitting payment, you acknowledge that all transactions are final and non-refundable as set forth herein, and that the proper avenue for any billing inquiry, error, or dispute is to contact the Company directly at the contact address specified herein prior to initiating any Chargeback with a third-party financial institution.
FILING A CHARGEBACK IN VIOLATION OF THIS AGREEMENT CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN ACT OF FRAUD AGAINST THE COMPANY. UPON RECEIPT OF NOTIFICATION OF ANY CHARGEBACK, THE COMPANY SHALL HAVE THE IMMEDIATE AND UNCONDITIONAL RIGHT, WITHOUT PRIOR NOTICE, TO TAKE ANY OR ALL OF THE FOLLOWING ACTIONS:
- Immediately suspend or permanently terminate your account and all associated accounts
- Freeze and permanently forfeit all funds, credits, balances, pending withdrawals, and escrowed amounts in your account, regardless of the source or nature of such funds
- Reverse, void, or cancel any pending or completed prize distributions, withdrawals, or transactions associated with your account
- Impose a Chargeback Administration Fee in the amount of fifty Canadian dollars (CAD $50.00) per Chargeback incident, or such greater amount as reflects the Company's actual costs and losses incurred in connection with the Chargeback, including without limitation payment processor fees, administrative costs, investigation costs, and representment fees
- Pursue collection of all amounts owed by you, including the original transaction amount, all associated Chargeback Administration Fees, payment processor penalties, bank fees, representment costs, and any other costs, expenses, or losses incurred by the Company as a result of the Chargeback
- Report the Chargeback to fraud prevention databases, credit reporting agencies, and law enforcement authorities where the Company determines, in its sole discretion, that the Chargeback was fraudulent, abusive, or filed in bad faith
- Permanently ban you from creating new accounts or using the Services in any capacity
- Pursue all available legal and equitable remedies, including civil action for damages, breach of contract, and fraud
You acknowledge that the Company incurs substantial costs and damages when Chargebacks are filed, including payment processor fees, penalty assessments, increased processing rates, administrative burden, lost revenue, and potential damage to the Company's merchant account standing. You agree to indemnify, defend, and hold harmless the Company and the Indemnified Parties from and against any and all losses, damages, costs, and expenses (including reasonable attorneys' fees and collection costs) arising from or relating to any Chargeback initiated by you or on your behalf.
In the event a Chargeback is filed, the Company reserves the right to submit representment documentation to the relevant payment processor or financial institution, including without limitation transaction records, account activity logs, IP address records, device fingerprints, match participation data, evidence of services rendered, and any other information the Company deems relevant to demonstrate the validity of the original transaction. You expressly consent to the Company's disclosure of such information in connection with Chargeback representment proceedings.
If you believe a transaction was processed in error or without your authorization, you must contact the Company at the contact address specified herein within fourteen (14) calendar days of the transaction date. The Company shall investigate all good-faith billing inquiries and, where the Company determines that a transaction was processed in error, shall issue a refund or credit at its sole discretion. Failure to contact the Company within the foregoing period, or initiating a Chargeback without first contacting the Company and allowing a reasonable period for investigation and resolution, shall constitute a waiver of any claim regarding such transaction and shall entitle the Company to exercise all remedies set forth in this section.
Automated Verification and Artificial Intelligence Systems
The Company employs automated verification systems, artificial intelligence algorithms, machine learning models, optical character recognition technology, computer vision systems, and other automated decision-making technologies (collectively, "Automated Systems") to verify match outcomes, detect cheating, identify fraud, analyze submitted evidence, and make determinations regarding match results, disputes, and enforcement actions.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AUTOMATED SYSTEMS MAY MAKE ERRORS, PRODUCE INACCURATE RESULTS, MISINTERPRET EVIDENCE, OR REACH INCORRECT CONCLUSIONS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF ANY DETERMINATION, ANALYSIS, OR OUTPUT PRODUCED BY AUTOMATED SYSTEMS. ALL AUTOMATED SYSTEM OUTPUTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Notwithstanding any errors, inaccuracies, or deficiencies in Automated System outputs, all determinations made by or with the assistance of Automated Systems shall be final, binding, and non-appealable unless subsequently reviewed and reversed by human moderators or administrators at the Company's sole discretion. You expressly waive any right to challenge, dispute, or seek review of any determination made by Automated Systems on the basis of alleged error, inaccuracy, or malfunction.
The Company reserves the right to utilize Automated Systems for any purpose relating to the Services, including but not limited to match verification, fraud detection, cheat detection, evidence analysis, user behavior analysis, risk assessment, and account security monitoring. You consent to the use of Automated Systems for all such purposes and agree that the Company shall bear no liability for any consequences arising from the operation, output, or malfunction of Automated Systems.
The Company may utilize submitted Recordings, user data, match data, and other information to train, improve, develop, or enhance Automated Systems, artificial intelligence models, or machine learning algorithms. By using the Services, you expressly consent to such use without compensation or attribution.
Escrow Holds and Fund Retention
Upon Match creation and entry fee payment, all entry fees shall be held in escrow by the Company pending Match completion, outcome determination, and dispute resolution. Escrowed funds may be held for an indefinite period depending on the duration required to complete the Match, resolve any disputes, investigate suspected violations, or satisfy legal or regulatory obligations.
The Company shall have the absolute and unconditional right to hold escrowed funds for such period as the Company deems necessary or appropriate to:
- Verify Match authenticity and outcome accuracy
- Investigate suspected cheating, fraud, collusion, or other prohibited conduct
- Resolve disputes between participants
- Await submission of required evidence or Recordings
- Conduct manual review or human moderator analysis
- Satisfy legal process, regulatory requests, or compliance obligations
- Protect against chargebacks, payment reversals, or fraudulent transactions
- Implement risk management or fraud prevention procedures
No interest, dividends, earnings, or other financial returns shall accrue or be paid on escrowed funds during any hold period. Users acknowledge that escrowed funds are held in operational accounts and are not segregated, invested, or held in trust.
In the event of account termination, suspension, or enforcement action for violation of this Agreement, the Company may permanently retain and forfeit all escrowed funds associated with such account without notice, refund, or compensation. Such forfeiture shall apply regardless of whether the funds were contributed by the terminated user or by other participants in Matches involving the terminated user.
The Company makes no guarantee regarding the timing of escrow release and shall bear no liability for delays in fund distribution, regardless of cause or duration. Users acknowledge that escrow hold periods may extend for weeks or months depending on the complexity of disputes, investigations, or review procedures.
Match Outcome Voting and Result Determination
Upon completion of a Match, all participating users are required to submit a vote indicating the Match outcome through the Services ("Outcome Vote"). The Outcome Vote is a mandatory component of Match participation and is essential for result determination and prize distribution.
VOTING REQUIREMENTS AND DEADLINES. EACH PARTICIPANT MUST SUBMIT THEIR OUTCOME VOTE WITHIN FIFTEEN (15) MINUTES OF MATCH CONCLUSION. THIS VOTING PERIOD IS STRICTLY ENFORCED AND NON-NEGOTIABLE. THE COMPANY SHALL BEAR NO RESPONSIBILITY FOR REMINDING USERS TO VOTE, EXTENDING VOTING PERIODS, OR ACCOMMODATING USERS WHO MISS THE VOTING DEADLINE FOR ANY REASON.
Failure to Vote. If a user fails to submit an Outcome Vote within the required fifteen (15) minute period, such failure shall be treated as an automatic concession and the non-voting user shall be deemed to have forfeited the Match. The Match shall be resolved in favor of the opposing participant(s) who submitted a timely Outcome Vote. This automatic forfeiture applies regardless of the actual Match outcome, regardless of the reason for the failure to vote (including but not limited to technical issues, internet disconnection, distraction, forgetfulness, or any other cause), and regardless of any evidence that the non-voting user may have actually won the Match.
Mutual Failure to Vote. If all participants in a Match fail to submit Outcome Votes within the required period, the Match shall be flagged for moderator review. The Company's moderators shall determine the Match outcome based on available evidence, including but not limited to gameplay recordings, automated verification data, system logs, and any other information deemed relevant. The moderator's determination shall be final and binding. If insufficient evidence exists to determine the Match outcome, the Company may, in its sole discretion, declare the Match void, distribute entry fees equally among participants, forfeit all entry fees, or take any other action it deems appropriate.
Conflicting Votes. If participants submit conflicting Outcome Votes (i.e., both parties claim victory, or reported outcomes do not match), the Match shall be flagged for moderator review. The Company's moderators shall review all available evidence, including gameplay recordings, automated verification data, system logs, and any other relevant information, to determine the correct Match outcome. The moderator's determination shall be final, binding, and not subject to appeal or further review.
Agreeing Votes. If all participants submit consistent Outcome Votes that agree on the Match result, the Match outcome shall be determined in accordance with the submitted votes and prizes shall be distributed accordingly. Once agreeing votes are submitted and processed, the determination is final and irreversible.
FINALITY OF VOTING DETERMINATIONS. ALL MATCH OUTCOME DETERMINATIONS, WHETHER MADE THROUGH AGREEING VOTES, AUTOMATIC FORFEITURE, OR MODERATOR REVIEW, SHALL BE FINAL, BINDING, AND CONCLUSIVE. ONCE A MATCH OUTCOME IS DETERMINED, NO APPEALS, REVERSALS, RE-REVIEWS, OR MODIFICATIONS SHALL BE PERMITTED UNDER ANY CIRCUMSTANCES, REGARDLESS OF SUBSEQUENTLY DISCOVERED EVIDENCE, CLAIMS OF ERROR, OR ANY OTHER JUSTIFICATION.
Fraudulent Voting and Voting Integrity
Users are required to submit truthful and accurate Outcome Votes that accurately reflect the actual Match result. Submitting false, fraudulent, or inaccurate Outcome Votes constitutes a serious violation of this Agreement and an act of fraud against both the Company and other users.
PROHIBITED VOTING CONDUCT. THE FOLLOWING VOTING-RELATED CONDUCT IS STRICTLY PROHIBITED AND SHALL RESULT IN SEVERE PENALTIES:
- Submitting an Outcome Vote claiming victory when you actually lost the Match
- Submitting an Outcome Vote claiming a loss when you actually won the Match (to benefit an opponent fraudulently)
- Coordinating with opponents to submit false or manipulated Outcome Votes
- Exploiting the voting system to obtain prizes, funds, or competitive advantages through deception
- Submitting votes with the intent to delay, obstruct, or abuse the outcome determination process
- Any other manipulation, abuse, or fraudulent use of the voting system
Penalties for Fraudulent Voting. Users found to have engaged in fraudulent voting or voting manipulation shall be subject to immediate and severe penalties, including but not limited to: immediate forfeiture of the Match in question; forfeiture of all funds in their account; permanent account termination without prior warning; lifetime ban from the Services; reporting to law enforcement authorities for fraud; and pursuit of civil legal action for damages. The Company reserves the right to investigate voting patterns, compare votes against recording evidence, and take enforcement action against users who submit false Outcome Votes.
Voting Accuracy Monitoring. The Company may monitor, track, and analyze voting accuracy across all user Matches. Users with patterns of inaccurate voting, high rates of disputed votes, or suspicious voting behavior may be subject to enhanced scrutiny, mandatory recording requirements, account restrictions, or other measures deemed appropriate by the Company.
DISCLAIMER OF LIABILITY FOR VOTING OUTCOMES. THE COMPANY SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, OR NEGATIVE CONSEQUENCES ARISING FROM OR RELATING TO: (A) YOUR FAILURE TO SUBMIT A TIMELY OUTCOME VOTE; (B) AUTOMATIC FORFEITURE RESULTING FROM FAILURE TO VOTE; (C) MODERATOR DETERMINATIONS IN DISPUTED MATCHES; (D) INCORRECT OR FRAUDULENT VOTES SUBMITTED BY YOUR OPPONENTS; (E) DELAYS IN VOTE PROCESSING OR OUTCOME DETERMINATION; (F) TECHNICAL ISSUES AFFECTING VOTE SUBMISSION; OR (G) ANY OTHER ASPECT OF THE VOTING SYSTEM OR OUTCOME DETERMINATION PROCESS. YOU EXPRESSLY ACKNOWLEDGE THAT TIMELY AND ACCURATE VOTING IS YOUR SOLE RESPONSIBILITY AND THAT FAILURE TO VOTE OR VOTING INACCURATELY MAY RESULT IN FINANCIAL LOSS FOR WHICH THE COMPANY BEARS NO RESPONSIBILITY.
Cheating, Prohibited Conduct, and Platform Integrity Risks
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE COMPANY'S IMPLEMENTATION OF ANTI-CHEAT SYSTEMS, AUTOMATED DETECTION MECHANISMS, MANUAL REVIEW PROCEDURES, AND OTHER SECURITY MEASURES, CHEATING, FRAUDULENT CONDUCT, USE OF PROHIBITED SOFTWARE OR HARDWARE, EXPLOITATION OF GAME DEFECTS, COLLUSION, MATCH MANIPULATION, AND OTHER FORMS OF PROHIBITED CONDUCT MAY OCCUR WITHIN THE SERVICES AND MAY GO UNDETECTED, UNINVESTIGATED, OR UNPUNISHED.
The Company makes no representation, warranty, guarantee, or assurance, whether express, implied, statutory, or arising by operation of law, that the Services are free from cheaters, that all cheating will be detected, that all detected cheating will result in enforcement action, or that competitive matches will be conducted fairly or in accordance with applicable rules and terms. The Company expressly disclaims any obligation to detect, investigate, prevent, or remedy cheating or other prohibited conduct.
You acknowledge and agree that participation in competitive matches through the Services is undertaken entirely at your own risk. You may compete against opponents who employ prohibited software, hardware devices, exploits, or other unauthorized means to gain unfair competitive advantages. You may suffer financial losses, including forfeiture of entry fees and failure to receive prize distributions, as a result of competing against users engaged in prohibited conduct.
The Company shall bear absolutely no liability whatsoever for any losses, damages, expenses, or consequences arising from or relating to:
- Other users' cheating, fraud, use of prohibited software or hardware, exploitation of defects, or other violations of this Agreement
- Failure to detect, identify, investigate, or punish cheating or other prohibited conduct
- Delays in detection, investigation, or enforcement of violations
- Match outcomes influenced, affected, or determined by cheating or prohibited conduct
- Financial losses incurred as a result of competing against users engaged in prohibited conduct
- Unfair competitive disadvantages resulting from opponents' use of unauthorized means or methods
- Inaccurate, incomplete, or erroneous detection or identification of cheating or prohibited conduct
- False positive determinations resulting in enforcement action against legitimate users
- False negative determinations resulting in failure to take action against violating users
Match results, outcome determinations, and prize distributions shall be final, binding, and non-reversible, even if cheating, fraud, or other prohibited conduct is subsequently discovered, alleged, suspected, or proven. The Company shall have no obligation to reverse match outcomes, redistribute prizes, refund entry fees, issue credits, or provide any other form of compensation or remedy in connection with matches involving actual, suspected, or alleged cheating or prohibited conduct.
By participating in any Match, you expressly assume all risks associated with the possibility that your opponents may engage in cheating or prohibited conduct and that such conduct may go undetected or unpunished. You expressly waive and release any and all claims, demands, causes of action, damages, losses, costs, or liabilities arising from or relating to cheating, prohibited conduct, or the Company's detection, investigation, or enforcement efforts with respect thereto.
The Company reserves the right, but assumes no obligation, to investigate suspected violations, take enforcement action against violating users, or implement additional anti-cheat measures. All decisions regarding detection methods, investigation procedures, enforcement actions, and remedial measures shall be made at the Company's sole and absolute discretion. Users shall have no right to demand, request, or require that the Company investigate any particular user, take any particular enforcement action, or implement any particular security measure.
YOU ACKNOWLEDGE THAT COMPETITIVE GAMING PLATFORMS INEVITABLY FACE CHALLENGES RELATED TO CHEATING AND PROHIBITED CONDUCT, THAT NO ANTI-CHEAT SYSTEM IS PERFECT OR INFALLIBLE, AND THAT PARTICIPATION IN COMPETITIVE MATCHES NECESSARILY INVOLVES ACCEPTING THE RISK THAT OPPONENTS MAY GAIN UNFAIR ADVANTAGES THROUGH PROHIBITED MEANS. IF YOU ARE UNWILLING TO ACCEPT THESE RISKS, YOU MUST NOT PARTICIPATE IN COMPETITIVE MATCHES THROUGH THE SERVICES.
Opponent Identity Verification
You bear sole and exclusive responsibility for verifying the identity of your opponent before and during any Match. The Company facilitates matchmaking between users but makes no representation, warranty, or guarantee that the individual you are matched with is the intended opponent, that the opponent's in-game username corresponds to the correct user on the platform, or that any individual participating in a Match is who they claim to be.
Prior to commencing gameplay in any Match, you are strongly encouraged to use all available means to confirm your opponent's identity, including but not limited to: communicating with your opponent through the in-app match chat to verify their in-game username, gamertag, or other identifying information; confirming that the player you are competing against in-game is the same individual matched with you on the platform; and taking any other reasonable steps to verify opponent identity before proceeding with gameplay.
The Company shall bear absolutely no liability whatsoever for any losses, damages, expenses, or consequences arising from or relating to:
- Playing against an unintended, incorrect, or unverified opponent
- Failure to verify your opponent's identity before or during a Match
- Opponent identity discrepancies between the platform and the in-game session
- Matches played against individuals who are not the user matched with you on the platform
- Any disputes regarding who participated in a Match
Match results shall be final and binding regardless of any dispute regarding opponent identity. Match recordings may be reviewed by the Company to determine the identity of participants, but the Company assumes no obligation to conduct such review. If a review reveals that a Match was played against an unintended opponent, the Company shall have no obligation to void, cancel, replay, or refund such Match. By entering any Match, you expressly accept the risk that your opponent may not be the intended individual and waive any claims arising from opponent identity discrepancies.
Technical Issues, Crashes, and Service Interruptions
DISCLAIMER OF LIABILITY FOR TECHNICAL ISSUES. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR TECHNICAL ISSUES, SYSTEM FAILURES, SOFTWARE CRASHES, HARDWARE MALFUNCTIONS, NETWORK INTERRUPTIONS, AND ALL OTHER TECHNICAL PROBLEMS THAT MAY AFFECT YOUR USE OF THE SERVICES OR PARTICIPATION IN COMPETITIVE MATCHES. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
No Guarantee of Uninterrupted Service. The Company makes no representation, warranty, or guarantee that the Services, including servers, platforms, applications, or related infrastructure, will be available continuously, without interruption, or free from errors, defects, crashes, or technical failures. The Services may experience downtime, maintenance periods, outages, degraded performance, or complete unavailability at any time, with or without notice.
Third-Party Dependencies. The Services depend upon and interface with third-party services, platforms, games, networks, and infrastructure over which the Company has no control, including but not limited to: video game servers operated by game publishers (such as Electronic Arts, Activision, Epic Games, and others); internet service providers; cloud hosting services; payment processors; and telecommunications networks. The Company bears no liability for any issues, failures, outages, bugs, glitches, or problems arising from or relating to such third-party services.
Game Crashes and Bugs. The video games facilitated through the Services are developed, published, and operated by third parties, not by the Company. The Company has no control over game stability, performance, bugs, glitches, exploits, server availability, matchmaking systems, or any other aspect of such games. The Company shall bear no liability whatsoever for any game crashes, freezes, bugs, glitches, lag, latency issues, server disconnections, matchmaking failures, or any other issues arising from the games themselves.
Internet and Network Issues. Competitive online gaming requires stable, high-speed internet connectivity. The Company has no control over your internet service provider, network infrastructure, router configuration, firewall settings, bandwidth availability, network congestion, or any other factor affecting your internet connectivity. You bear sole responsibility for ensuring adequate internet connectivity for competitive matches. The Company shall bear no liability for any disconnections, lag, latency, packet loss, or other network-related issues affecting your gameplay or match outcomes.
Hardware and Device Failures. The Company has no control over your computer, gaming console, peripherals, controllers, power supply, cooling systems, or any other hardware or equipment used to access the Services. The Company shall bear no liability for any hardware failures, device crashes, overheating, power outages, peripheral malfunctions, or any other hardware-related issues affecting your use of the Services.
Software Conflicts and Compatibility. The Company has no control over your operating system, drivers, antivirus software, background applications, or any other software running on your device. The Company shall bear no liability for any software conflicts, compatibility issues, driver problems, or other software-related issues affecting your use of the Services.
Recording Functionality and System Performance. The Services may include screen recording functionality used for match verification, dispute resolution, and platform integrity purposes. Recording gameplay places additional demands on your system's processing power, memory, storage capacity, and other resources. The impact of recording on system performance varies depending on your hardware specifications, system configuration, and concurrent software usage. The Company shall bear no liability for any performance degradation, lag, frame rate reduction, system slowdown, or other performance issues that may occur while recording is active. Users are strongly encouraged to utilize the recording test functionality available in the application settings to assess how their system performs under recording conditions prior to participating in competitive matches with entry fees. Failure to adequately test your system's performance with recording enabled, and any resulting negative impact on match outcomes, shall be solely your responsibility.
The Company makes no guarantees regarding recording performance, quality, or reliability on any particular system configuration. You bear sole responsibility for ensuring that your system is capable of running both the game and recording functionality simultaneously without adverse performance effects. If your system cannot adequately support recording functionality, you must refrain from participating in competitive matches requiring recording, or accept the risk of performance-related issues affecting your match outcomes.
- Game server crashes, outages, or scheduled maintenance by game publishers
- In-game bugs, glitches, exploits, or balance issues
- Lag, latency, rubber-banding, desync, or other network performance issues in games
- Your internet disconnection, packet loss, or bandwidth throttling during matches
- Power outages, electrical failures, or power surges affecting your equipment
- Computer or console crashes, freezes, blue screens, or forced restarts
- Overheating, thermal throttling, or hardware damage to your devices
- Controller disconnections, input lag, or peripheral malfunctions
- Operating system updates, automatic restarts, or system interruptions
- Antivirus, firewall, or security software interference with game or Services functionality
- Performance degradation, lag, frame rate drops, or system slowdown caused by recording functionality
- Recording failures, corrupted recordings, or incomplete recordings due to system resource limitations
- Any other technical issue, whether originating from the Company's systems, third-party services, your equipment, or any other source
MATCH OUTCOMES AFFECTED BY TECHNICAL ISSUES. IF A MATCH IS AFFECTED BY TECHNICAL ISSUES, INCLUDING BUT NOT LIMITED TO CRASHES, DISCONNECTIONS, LAG, OR SERVER PROBLEMS, THE MATCH RESULT AS RECORDED BY THE SERVICES SHALL BE FINAL AND BINDING. THE COMPANY HAS NO OBLIGATION TO VOID, CANCEL, REPLAY, OR REFUND ANY MATCH AFFECTED BY TECHNICAL ISSUES, REGARDLESS OF THE CAUSE OR SEVERITY OF SUCH ISSUES. IF YOU ARE DISCONNECTED FROM A MATCH, EXPERIENCE A GAME CRASH, OR SUFFER ANY OTHER TECHNICAL PROBLEM THAT CAUSES YOU TO LOSE OR FORFEIT A MATCH, THE COMPANY SHALL BEAR NO LIABILITY FOR ANY RESULTING LOSSES, INCLUDING ENTRY FEES, POTENTIAL WINNINGS, OR ANY OTHER DAMAGES.
You expressly acknowledge that competitive online gaming inherently involves technical risks, that technical issues may occur at any time and without warning, and that participation in competitive matches with entry fees necessarily requires accepting the risk that technical problems may result in financial loss. If you are unwilling to accept these risks, you must not participate in competitive matches through the Services.
Team-Based Competitions and Teammate Conduct
The Services may facilitate team-based competitive matches in which multiple users participate together as teammates against opposing teams (each, a "Team Match"). By electing to participate in any Team Match, whether as a team captain, team member, or in any other capacity, you expressly acknowledge, understand, and agree to the following terms and conditions regarding team participation and teammate conduct.
ASSUMPTION OF RISK FOR TEAMMATE CONDUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN TEAM MATCHES INVOLVES INHERENT AND SUBSTANTIAL RISKS ARISING FROM THE CONDUCT, PERFORMANCE, DECISIONS, AND ACTIONS OF YOUR TEAMMATES, WHICH ARE ENTIRELY BEYOND THE COMPANY'S CONTROL. SUCH RISKS INCLUDE, WITHOUT LIMITATION:
- Teammates intentionally performing below their actual skill level, deliberately losing, or otherwise sabotaging match outcomes for any reason, including financial gain, spite, frustration, disagreement, or malicious intent
- Teammates abandoning, disconnecting from, or failing to complete Team Matches, whether intentionally or due to technical issues, personal emergencies, or other circumstances
- Teammates engaging in toxic, disruptive, unsportsmanlike, or unprofessional conduct that negatively affects team performance or match outcomes
- Teammates colluding with opponents, sharing strategic information, or otherwise undermining competitive integrity
- Teammates failing to communicate, coordinate, or cooperate effectively with other team members
- Teammates making poor strategic decisions, tactical errors, or gameplay mistakes that result in unfavorable match outcomes
- Teammates using prohibited software, cheating tools, or unauthorized means that result in team disqualification, match forfeiture, or fund forfeiture
- Teammates violating this Agreement, game-specific rules, or applicable laws in ways that affect team standing or match results
- Any other teammate conduct, action, omission, or behavior that negatively impacts match outcomes, team performance, or financial results
YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS ASSOCIATED WITH TEAMMATE CONDUCT, INCLUDING THE RISK OF COMPLETE FINANCIAL LOSS OF ENTRY FEES AND POTENTIAL WINNINGS DUE TO TEAMMATE ACTIONS OR INACTIONS. You acknowledge that you have no control over the conduct of your teammates and that the Company has no ability to guarantee, ensure, or verify the intentions, reliability, skill level, commitment, or good faith of any user who participates as your teammate.
WAIVER AND RELEASE OF CLAIMS. BY PARTICIPATING IN ANY TEAM MATCH, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, RELEASE, AND FOREVER DISCHARGE THE COMPANY AND ALL INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES (INCLUDING ATTORNEYS' FEES), JUDGMENTS, PENALTIES, AND ANY OTHER RELIEF WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH:
- Any teammate's intentional underperformance, deliberate losing, or match sabotage in any Team Match
- Any teammate's abandonment, disconnection, or failure to complete any Team Match
- Any teammate's cheating, use of prohibited software, or violation of competitive rules
- Any teammate's collusion with opponents or disclosure of strategic information
- Any teammate's toxic, disruptive, or unsportsmanlike conduct
- Any financial losses, including entry fees, potential winnings, or any other monetary damages, resulting from teammate conduct
- Any emotional distress, frustration, or negative experience arising from teammate conduct
- The Company's failure to prevent, detect, investigate, or punish teammate misconduct
- The Company's decisions regarding match outcomes, prize distributions, or enforcement actions in Team Matches
- Any other consequence, direct or indirect, arising from or relating to teammate conduct in Team Matches
This waiver and release applies regardless of whether teammate misconduct was negligent, reckless, intentional, malicious, or criminal in nature, and regardless of whether such misconduct was known or foreseeable at the time of participation.
NO COMPANY LIABILITY FOR TEAMMATE CONDUCT. THE COMPANY SHALL BEAR ABSOLUTELY NO LIABILITY, RESPONSIBILITY, OR OBLIGATION WHATSOEVER FOR THE CONDUCT, PERFORMANCE, DECISIONS, OR ACTIONS OF ANY USER PARTICIPATING AS YOUR TEAMMATE IN ANY TEAM MATCH. THE COMPANY DOES NOT SCREEN, VET, VERIFY, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE INTENTIONS, RELIABILITY, SKILL LEVEL, SPORTSMANSHIP, OR GOOD FAITH OF ANY TEAMMATE.
The Company makes no representation, warranty, or guarantee that teammates will: (a) perform to the best of their abilities; (b) refrain from intentionally losing or sabotaging matches; (c) remain connected and actively participate throughout the match; (d) communicate or cooperate effectively; (e) comply with this Agreement, game rules, or applicable laws; or (f) act in good faith or in the best interests of the team. ALL TEAM MATCH PARTICIPATION IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK.
The Company shall have no obligation to: (a) investigate complaints or disputes between teammates; (b) mediate or resolve conflicts within teams; (c) refund entry fees or compensate users for losses caused by teammate conduct; (d) take enforcement action against teammates alleged to have deliberately lost matches or engaged in misconduct; or (e) provide any remedy, compensation, or relief for negative outcomes resulting from teammate conduct.
Team Formation and Selection
You are solely and exclusively responsible for selecting, vetting, and approving any users who participate as your teammates in Team Matches. The decision to form a team with any particular user, accept a team invitation, or participate alongside any teammate is made entirely at your own discretion and risk. The Company strongly recommends that users only form teams with individuals they personally know and trust, and that users exercise due diligence before agreeing to participate in Team Matches with unknown or unfamiliar teammates.
By accepting a teammate or forming a team, you acknowledge that you have made an independent assessment of the risks involved and have voluntarily chosen to accept those risks. You may not subsequently claim that you were unaware of the risks of teammate misconduct or that the Company failed to warn you of such risks.
User Responsibilities for Team Match Participation
Each user participating in a Team Match bears sole and exclusive responsibility for ensuring their own readiness, preparedness, and ability to compete effectively. In addition, each user bears responsibility for taking reasonable steps to confirm that all teammates with whom they choose to participate are similarly prepared, equipped, and capable of competing without disruption. Prior to joining or initiating any Team Match, you are responsible for verifying the following with respect to both yourself and each of your teammates:
- Teammate Selection and Trust: Ensuring that you only participate in Team Matches with teammates whom you personally know, trust, and have verified to be reliable, committed, and of good character. You are strongly advised against participating in Team Matches with strangers, unknown users, or individuals you have not personally vetted. You are further responsible for making reasonable inquiries to confirm that each prospective teammate meets the readiness requirements set forth in this section prior to commencing any Team Match. The Company bears no responsibility for your decision to team with unfamiliar or untrustworthy individuals, nor for your failure to adequately vet the preparedness of your chosen teammates.
- Internet Connection and Network Stability: Verifying that your internet connection is stable, reliable, and of sufficient speed and quality to support competitive online gameplay without interruption. You must ensure that your network environment is free from congestion, interference, or instability that could cause disconnections, lag, latency issues, or degraded performance during Team Matches. You are equally responsible for taking reasonable steps to confirm that each of your teammates possesses a similarly stable and reliable internet connection prior to commencing the Team Match.
- Hardware and Equipment: Ensuring that your computer, gaming console, peripherals, controllers, and all other hardware and equipment are in proper working condition, fully updated, and capable of running the applicable game without technical issues, crashes, freezes, or performance problems. You are further responsible for making reasonable inquiries to confirm that each of your teammates' hardware and equipment is likewise in proper working order and capable of supporting uninterrupted competitive gameplay.
- Software and Game Readiness: Verifying that the applicable game is properly installed, updated to the latest version, and configured correctly. You must ensure that all required game accounts, subscriptions, or passes are active and in good standing. You are equally responsible for confirming, to the extent reasonably practicable, that each of your teammates has similarly installed, updated, and properly configured the applicable game and maintains all necessary accounts and subscriptions in active and good standing.
- Communication Systems: Ensuring that any voice chat, text chat, or other communication systems required for team coordination are properly configured and functioning. You are responsible for being able to communicate effectively with your teammates during Team Matches. You must also take reasonable steps to verify that each of your teammates has properly configured and tested all required communication systems prior to commencing the Team Match.
- Time Availability: Ensuring that you have sufficient uninterrupted time to complete the Team Match in its entirety without needing to leave, disconnect, or abandon the match prematurely due to scheduling conflicts, personal obligations, or other commitments. You are further responsible for confirming with each of your teammates that they likewise have sufficient uninterrupted time available to complete the Team Match in its entirety.
- Physical and Mental Readiness: Ensuring that you are in an appropriate physical and mental state to compete, free from fatigue, impairment, distraction, or any other condition that could negatively affect your performance or your teammates' experience. You are also responsible for making reasonable inquiries to confirm that each of your teammates is in a similarly appropriate state of readiness to compete effectively.
THE COMPANY SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, MATCH FORFEITURES, OR NEGATIVE OUTCOMES RESULTING FROM YOUR FAILURE OR YOUR TEAMMATES' FAILURE TO ADEQUATELY PREPARE FOR TEAM MATCH PARTICIPATION, INCLUDING BUT NOT LIMITED TO LOSSES CAUSED BY INTERNET DISCONNECTIONS, HARDWARE FAILURES, SOFTWARE ISSUES, POOR TEAMMATE SELECTION, FAILURE TO VERIFY TEAMMATE READINESS, COMMUNICATION FAILURES, OR ANY OTHER FACTOR WITHIN YOUR CONTROL OR RESPONSIBILITY OR WITHIN THE CONTROL OR RESPONSIBILITY OF YOUR TEAMMATES.
You expressly acknowledge that participation in Team Matches requires advance preparation and due diligence on your part and on the part of each of your teammates, and that failure by you or any of your teammates to properly prepare may result in match forfeiture, loss of entry fees, and other adverse consequences for which the Company bears no responsibility. You accept full responsibility for taking reasonable steps to ensure the collective readiness of your entire team prior to commencing any Team Match.
Indemnification for Team-Related Claims
In addition to the general indemnification obligations set forth elsewhere in this Agreement, you specifically agree to indemnify, defend, and hold harmless the Company and all Indemnified Parties from and against any and all claims, actions, proceedings, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) disputes between you and your teammates; (b) claims by you or your teammates arising from teammate conduct in Team Matches; (c) claims by third parties arising from your conduct as a teammate; or (d) any other team-related dispute, controversy, or claim.
IF YOU ARE UNWILLING TO ACCEPT THE RISKS INHERENT IN TEAM-BASED COMPETITION, INCLUDING THE RISK THAT TEAMMATES MAY INTENTIONALLY UNDERPERFORM, DELIBERATELY LOSE, ABANDON GAMES, OR OTHERWISE ENGAGE IN CONDUCT DETRIMENTAL TO YOUR INTERESTS, YOU MUST NOT PARTICIPATE IN TEAM MATCHES. YOUR PARTICIPATION IN ANY TEAM MATCH CONSTITUTES YOUR EXPRESS ACKNOWLEDGMENT AND ACCEPTANCE OF ALL RISKS DESCRIBED IN THIS SECTION AND YOUR AGREEMENT TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.
9Withdrawal Procedures and Identity Verification
Account-Holder Obligations and Disbursement Preconditions
Each user bears a continuing obligation to maintain truthful, current, and complete account particulars at all times. Before submitting any disbursement request, users must confirm that their registered profile information — including full legal name, contact details, and financial instrument data — is accurate and up to date. The Company conditions every outbound transfer of funds upon confirmation that the legal name recorded in the user's DuelSkill account is identical to the name registered with the receiving financial instrument. Where no such correspondence exists, the Company may decline to process the request, impose supplementary verification requirements, or both. Permissible receiving instruments presently include PayPal; additional channels may be introduced or discontinued at the Company's discretion without prior notice.
Integrated Compliance and Documentation Protocol
In furtherance of its obligations under applicable anti-money-laundering statutes, proceeds-of-crime legislation, and consumer-protection frameworks, the Company operates a unified verification programme that may be invoked at any stage of the disbursement lifecycle. Under this programme, the Company may require production of one or more of the following categories of evidence, presented in a form and through a medium acceptable to the Company:
- (a) a legible reproduction of an unexpired, government-issued credential bearing the holder's photograph (e.g., passport, driver's licence, or national identity card);
- (b) a recent utility invoice, bank statement, or comparable institutional correspondence establishing the holder's residential address;
- (c) documentary proof linking the designated financial instrument to the account holder (e.g., a redacted account statement or a screenshot of the instrument's registered profile);
- (d) any further materials the Company reasonably determines are necessary to satisfy its compliance obligations or to resolve identified discrepancies.
Submission of incomplete, illegible, or inconsistent documentation may extend the verification timeline. The Company shall endeavour to advise affected users of outstanding requirements but assumes no liability for delays attributable to deficient submissions. Users acknowledge that verification procedures are integral to the Platform's operational framework and that processing timelines may vary depending on the complexity of any given review.
Remedial Authority, Protective Measures, and Escalation
The Company maintains automated and manual oversight mechanisms designed to confirm that each disbursement is directed to the rightful, verified account holder. Transactions that present anomalous patterns, unresolvable identity conflicts, or other indicia of irregular activity may be subjected to heightened scrutiny, placed on administrative hold, or denied outright. In exercising its remedial authority, the Company may, without limitation:
- return deposited sums to their originating instrument and cancel outstanding contest entries;
- reclassify unresolved contest entries as forfeited and adjust account balances accordingly;
- freeze, sequester, or permanently confiscate funds associated with the affected account;
- immediately and irrevocably deactivate the user's account and revoke all associated privileges;
- initiate civil proceedings, seek injunctive relief, or refer the matter to law enforcement or regulatory bodies, including but not limited to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).
The foregoing remedies are cumulative and not exclusive; invocation of one remedy does not preclude simultaneous or subsequent pursuit of any other. The Company's determination as to the existence of fraud, material misrepresentation, identity falsification, or non-cooperation with compliance procedures shall be conclusive for the purposes of this Section. Given the skill-contingent nature of the Platform's competitive ecosystem, the Company regards the integrity of its disbursement controls as a foundational safeguard and will enforce them accordingly.
Tax Reporting and Compliance Obligations
You acknowledge and agree that you bear sole and exclusive responsibility for determining, calculating, reporting, and remitting all applicable federal, state, provincial, local, and international taxes, duties, levies, assessments, or other governmental charges arising from or relating to your use of the Services, receipt of prizes or winnings, or any other financial transactions conducted through the Platform.
The Company makes no representation, warranty, or guarantee regarding the tax treatment, tax consequences, or tax obligations associated with any transaction, prize, winning, deposit, withdrawal, or other financial activity conducted through the Services. You acknowledge that tax laws vary by jurisdiction and that your specific tax obligations depend upon your individual circumstances, residency, domicile, and other factors beyond the Company's knowledge or control.
As a federally incorporated Canadian entity, the Company is subject to reporting obligations under the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) and applicable regulations administered by the Canada Revenue Agency ("CRA"). The Company may, at its discretion and as required by law, issue T4A slips, T5 slips, or other applicable information returns to users who receive prizes, winnings, or other payments exceeding applicable reporting thresholds established under Canadian tax legislation. The Company may withhold amounts from withdrawals or prize distributions as required by applicable withholding tax obligations, including without limitation non-resident withholding tax under Part XIII of the Income Tax Act.
For users residing in the United States, the Company may additionally issue IRS Form 1099-MISC, Form 1099-K, Form W-2G, or other applicable United States tax reporting forms where required by the Internal Revenue Code or applicable Treasury Regulations. The Company may withhold amounts as required under United States tax laws, including backup withholding where a valid taxpayer identification number has not been provided.
Users residing in Canada acknowledge that prizes and winnings may constitute taxable income under the Income Tax Act (Canada) and applicable provincial tax legislation and may be required to be reported to the CRA. Users residing in the United States acknowledge that prizes and winnings may constitute taxable income under federal and state tax laws. Users residing in other jurisdictions acknowledge their obligation to determine and comply with all applicable local tax laws, including any obligations arising from cross-border transactions or receipt of payments from a Canadian entity.
You agree to provide the Company with any tax identification numbers, taxpayer information, certifications, or documentation required by applicable law or reasonably requested by the Company for tax reporting or withholding purposes. Failure to provide required tax information may result in withholding at the maximum applicable rate, suspension of withdrawal privileges, or account termination.
You agree to indemnify, defend, and hold harmless the Company from any and all tax liabilities, penalties, interest charges, assessments, or other consequences arising from your failure to properly report, calculate, or remit taxes owed in connection with your use of the Services. The Company shall bear no liability for any user's tax obligations, tax reporting failures, or tax compliance deficiencies.
THE COMPANY STRONGLY RECOMMENDS THAT ALL USERS CONSULT WITH QUALIFIED TAX PROFESSIONALS, CERTIFIED PUBLIC ACCOUNTANTS, OR TAX ATTORNEYS REGARDING THEIR SPECIFIC TAX OBLIGATIONS AND THE TAX TREATMENT OF PRIZES, WINNINGS, AND OTHER FINANCIAL TRANSACTIONS CONDUCTED THROUGH THE SERVICES.
10Subscription-Based Services
Interpretive Definitions
The following capitalized terms bear the meanings ascribed to them below when used in connection with subscription-related provisions of this Agreement. A "Payment Instrument" denotes any credit card, debit card, digital wallet, or alternative settlement mechanism that the Company has designated as an approved funding source for subscription charges. A "Recurring Assessment" means a charge, debit, or other financial extraction applied against the subscriber's Payment Instrument. The "Renewal Interval" is the span of time between consecutive Recurring Assessments and corresponds to the duration of the subscription tier selected by the subscriber. The Company may apportion charges on a proportional basis where a Renewal Interval commences or concludes partway through a calendar month, or where a subscription is upgraded, downgraded, or otherwise modified mid-cycle.
Subscriber Payment Undertakings
Certain tiers of the Services, including DuelSkill Plus, are accessible only upon payment of periodic subscription charges levied in advance of each Renewal Interval. By enrolling in a subscription, you authorize the Company to initiate Recurring Assessments — inclusive of all applicable federal, provincial, and municipal taxes — against your designated Payment Instrument on each successive renewal date. You accept unconditional responsibility for every amount so assessed. The Company may, for verification purposes, submit a provisional hold against your Payment Instrument at the time of registration; such holds do not constitute a charge but may temporarily reduce your available credit or balance. Should you wish to designate a different Payment Instrument, you may do so at any time through the account management interface within the Platform. The precise date and quantum of each Recurring Assessment may fluctuate as a consequence of introductory offers, applied credits, tier changes, or calendar-month variations (for example, a subscription initiated on the thirty-first day of a month will next renew on the final day of the following month, which may be a different date).
Subscription Lifecycle: Continuation, Dormancy, and Discontinuation
Each subscription persists on an automatically renewing basis and will be extended for successive Renewal Intervals until one of the following occurs: (i) the subscriber affirmatively discontinues the subscription; (ii) the Company suspends or terminates the subscription or the underlying account pursuant to any provision of this Agreement; or (iii) the Company elects to withdraw the subscription offering entirely. Where the Company makes available an option to place a subscription into a dormant state for a defined duration, the subscriber must affirmatively discontinue the subscription before the dormancy window expires; absent such action, Recurring Assessments will recommence automatically at the prevailing rate upon expiration of the dormancy window.
Subscribers may discontinue their subscription at any time via the account management interface. To avert assessment of charges for the ensuing Renewal Interval, the discontinuation must be finalized no later than the close of the calendar day immediately preceding the next scheduled renewal date. A subscriber who discontinues will retain access to subscription-tier features until the already-paid Renewal Interval lapses, at which point all subscription privileges cease. Upon discontinuation, any outstanding promotional credits, referral incentives, redeemed voucher balances, and analogous non-monetary entitlements are irrevocably extinguished; the Company bears no obligation to preserve, convert, or compensate for such balances.
Company Prerogatives: Pricing Revisions, Collection, and Failed Settlements
The Company may revise subscription pricing, feature inclusions, or other commercial terms at any time, with such revisions taking effect at the start of the Renewal Interval following the date of the change. Subscribers will receive advance notice of pricing revisions; however, no prior notice is required for fluctuations attributable to changes in legislated taxes, government-imposed surcharges, or regulatory levies.
Where a Recurring Assessment cannot be settled — whether due to instrument expiration, insufficient funds, issuer decline, or any other cause — the Company may reattempt settlement on one or more subsequent occasions. If your Payment Instrument details are updated by the issuing institution or a payment network (for example, through an account-updater service that refreshes expired card credentials), the Company may resume Recurring Assessments against the updated instrument without further authorization from you. Persistent settlement failures may result in suspension or termination of your access to subscription-tier features. The Company further reserves the right to recover all outstanding amounts, together with any ancillary costs reasonably incurred in such recovery, including financial institution charges, payment-processor penalties, collection-agency fees, and solicitor–client costs on a full-indemnity basis.
Finality of Charges and Absence of Reimbursement Entitlement
EVERY SUM REMITTED IN CONNECTION WITH A SUBSCRIPTION IS CONCLUSIVE AND IRREVERSIBLE. THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE REQUIRED TO ISSUE REFUNDS, ACCOUNT CREDITS, PARTIAL REIMBURSEMENTS, OR COMPENSATORY PAYMENTS OF ANY NATURE WHATSOEVER IN RELATION TO THE DISCONTINUATION, DOWNGRADE, MODIFICATION, OR NON-USE OF A SUBSCRIPTION, NOR IN RELATION TO THE SUSPENSION OR TERMINATION OF AN ACCOUNT. SAVE AND EXCEPT AS THE COMPANY MAY, IN ITS SOLE AND ABSOLUTE JUDGEMENT, ELECT TO GRANT A DISCRETIONARY CONCESSION IN AN INDIVIDUAL CASE — THE FORM, AMOUNT, AND CONDITIONS OF WHICH SHALL BE DETERMINED EXCLUSIVELY BY THE COMPANY — NO SUBSCRIBER SHALL POSSESS ANY CLAIM, ENTITLEMENT, OR EXPECTATION OF MONETARY OR NON-MONETARY RELIEF FOLLOWING THE PROCESSING OF A RECURRING ASSESSMENT.
11User-Generated Content and Community Standards
Licence Grant, Waiver of Moral Rights, and Proprietary Disclaimer
Every item of User Content (as defined below) that you furnish to or through the Services is, from the moment of submission, treated as neither confidential nor proprietary for any purpose under this Agreement. By furnishing User Content, you confer upon the Company — and upon each of its affiliates, subcontractors, successors, assigns, and any party deriving rights through any of the foregoing — a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, freely transferable and sublicensable licence to exploit such User Content, together with your name, likeness, voice, photographic image, and any other identifying attributes embedded therein, by any means whatsoever, including without limitation reproduction, adaptation, translation, compilation, public performance, broadcast, digital transmission, derivative-work creation, distribution, and display, across all media and delivery platforms in existence at the date of submission or developed thereafter, for any commercial, promotional, editorial, or operational purpose, with or without attribution and without obligation to seek further authorization from, or remit compensation to, you or any third party. To the fullest extent permissible under the Copyright Act, R.S.C. 1985, c. C-42, and any comparable legislation in force in the jurisdictions from which you access the Services, you irrevocably and unconditionally waive all moral rights of authorship, integrity, and association — and all analogous rights howsoever denominated — in and to each item of User Content you furnish.
User Accountability and Company Disclaimer
You accept full and undivided accountability for every item of User Content you furnish, encompassing its lawfulness, factual accuracy, fitness for its intended audience, originality, and conformity with this Agreement and all applicable legislation. By furnishing User Content you represent and warrant that: (a) you hold sufficient title, licence, or other lawful authority over the User Content to grant the licence described above and to authorize each use contemplated hereunder; and (b) the User Content, and the Company's exercise of the rights granted herein, will not infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other rights of any person or contravene any law. The Company neither assumes editorial control over, nor bears any responsibility or liability for, User Content furnished by you or by any other participant in the Services; all claims, complaints, or disputes relating to User Content shall be directed to the originating user.
Interactive Functionality and Defined Terms
Certain areas of the Services permit users to contribute, display, circulate, or relay materials to other participants or to the public at large through community features such as discussion threads, real-time chat channels, public-facing profiles, bulletin-board systems, and comparable participatory interfaces (each such feature, an "Interactive Service"; collectively, the "Interactive Services"). Any material — regardless of format — that a user posts, uploads, streams, or otherwise makes available through an Interactive Service constitutes "User Content" for the purposes of this Agreement and is subject in its entirety to the obligations, restrictions, and licence provisions set forth herein.
Content Standards and Prohibitions
All User Content and all use of Interactive Services must comply with all applicable federal, state, provincial, local, and international laws, statutes, ordinances, regulations, and rules. Without limiting the generality of the foregoing, User Content must not:
- Infringe, misappropriate, or otherwise violate any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other intellectual property or proprietary right belonging to any party
- Contain material that is fraudulent, deceptive, misleading, or calculated to deceive any reasonable person
- Impersonate any natural or legal person, or falsely state, suggest, or otherwise misrepresent your identity, credentials, or affiliation with any person, organization, or entity
- Promote, glorify, encourage, advocate for, instruct on, or facilitate any illegal activity, or any conduct that contravenes this Agreement or any applicable law
- Contain any material that is defamatory, libelous, slanderous, obscene, indecent, lewd, pornographic, abusive, offensive, threatening, violent, hateful, inflammatory, discriminatory, harassing, or otherwise objectionable or unlawful in nature
- Promote or depict sexually explicit material, graphic violence, or discrimination, hatred, or bigotry directed at any individual or group on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other legally protected characteristic
- Violate or create civil or criminal liability under the legal rights of any third party, including rights of privacy, publicity, and contractual or fiduciary obligations
- Create a false impression that such content originates from, is sponsored by, or has received the endorsement or approval of the Company or any other person or entity
- Cause or be likely to cause annoyance, alarm, harassment, distress, inconvenience, anxiety, or needless concern to any person
- Constitute or involve commercial solicitations, advertising, promotional campaigns, contests, sweepstakes, barter arrangements, pyramid schemes, or similar commercial activities not authorized by the Company
12Content Moderation and Enforcement Authority
The Company reserves the right, but assumes no obligation, to:
- Terminate, suspend, restrict, or limit user access to the Services, in whole or in part, including by freezing funds, withholding transactions, or restricting account functionality, where the Company determines in its sole discretion that such action is warranted due to Agreement violations, suspected abuse, fraud, cheating, or legal compliance requirements, with or without prior notice and without liability
- Disclose user identity, account information, correspondence, or other information to law enforcement authorities, regulatory agencies, third parties asserting intellectual property infringement, privacy violations, or other legal claims, or as required to satisfy legal process, subpoenas, court orders, or governmental requests
- Initiate, pursue, or participate in appropriate legal action, including referral to law enforcement authorities, commencement of civil proceedings, or cooperation with criminal investigations, in response to illegal, unauthorized, fraudulent, or otherwise improper use of the Services
- Monitor, review, screen, remove, refuse to post, edit, or disable access to any User Content, in whole or in part, at any time, for any reason or no reason, including where the Company believes such content violates this Agreement, infringes third-party rights, threatens user safety, constitutes unlawful activity, or otherwise creates liability for the Company
- Take any other action with respect to User Content or user conduct that the Company deems necessary or appropriate in its sole discretion to enforce this Agreement, protect the safety and interests of users, maintain platform integrity, mitigate legal exposure, or comply with applicable legal obligations
Law Enforcement Cooperation
The Company shall fully cooperate with law enforcement authorities, regulatory agencies, and judicial proceedings, and shall comply with all subpoenas, court orders, legal process, and lawful governmental requests requiring disclosure of user information, account data, or other materials. You expressly acknowledge and agree that the Company, its affiliates, licensors, service providers, officers, directors, employees, and agents shall incur no liability whatsoever for any claims, damages, losses, costs, or expenses arising from or relating to actions taken in good faith in connection with law enforcement cooperation, governmental investigations, or judicial proceedings.
No Duty to Monitor
You acknowledge that no pre-publication vetting or editorial oversight of User Content is performed by the Company and that, once User Content has been made available through the Services, the Company offers no assurance as to the timeliness with which any such content may be identified, evaluated, or withdrawn. Users remain solely and exclusively responsible for the content they submit. To the fullest extent permitted by applicable law, the Company shall not be held liable for any actions or omissions regarding User Content or for any of the monitoring, enforcement, or disclosure activities described in this section.
Copyright Infringement Claims
Claims of copyright infringement involving User Content should be directed to support@duelskill.com. The Company maintains a policy of terminating, under appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright or other intellectual property rights.
13Third-Party Links and Social Media Integration
Disclaimed External Destinations
The Services may surface references, hyperlinks, or navigational pointers to websites, applications, or digital properties operated by independent third parties — including sponsored placements, promotional banners, and editorially selected resources. The presence of any such reference within the Services does not signify affiliation with, endorsement of, or assumption of responsibility for the referenced destination. The Company neither audits nor exercises governance over the substance, availability, data-handling practices, or commercial conduct of any externally operated property. Users who elect to navigate to an external destination do so on their own volition and at their own peril; any interaction with such destination is governed exclusively by the terms, policies, and conditions imposed by its operator, and the Company disclaims all liability — whether direct, indirect, consequential, or otherwise — arising from or connected to such interaction.
Prohibited Linking and Display Conduct
Except to the extent expressly authorized under the "Authorized Participatory Features" provisions below, users shall not, and shall not permit any third party to:
- direct inbound hyperlinks to any interior page, sub-resource, API endpoint, or asset within the Services — only the Platform's principal landing page may be referenced, and only from a digital property that you own or over which you exercise bona fide editorial authority;
- reproduce, re-render, or surface any portion of the Services on or within an external property by means of HTML frames, inline frames, image hot-linking, content injection, programmatic embedding, or any analogous technique that presents Service content as though it originated from, or forms part of, a different source;
- engage in any conduct with respect to Service content that contradicts, circumvents, or diminishes the protections established elsewhere in this Agreement; or
- create, publish, or maintain any reference to the Services that conveys — whether expressly, by implication, or by juxtaposition — an affiliation, partnership, sponsorship, or endorsement relationship with the Company, absent the Company's prior written authorization.
Every originating property from which a permitted link is maintained must itself comply with this Agreement in all respects. The Company retains an unconditional right to rescind any linking authorization at any time, for any reason or for no reason, without prior notice. Upon receiving a direction from the Company to discontinue any linking activity, the affected user must comply without delay.
Authorized Participatory Features
Where the Platform makes available built-in sharing, syndication, or social-distribution tools (collectively, "Participatory Features"), users may employ those tools — and only those tools — to carry out the following activities with the specific content designated for each feature:
- (a) transmit hyperlinks to, or abbreviated excerpts of, Service content via electronic messaging channels, including email, direct-messaging applications, and comparable person-to-person communication media;
- (b) cause condensed previews or thumbnail representations of designated Service content to appear on personal web properties or approved external platforms; and
- (c) relay or redistribute Service content to external social-media surfaces in the format and through the mechanism prescribed by the applicable Participatory Feature.
All use of Participatory Features is subject to any supplementary conditions the Company may publish from time to time in connection with a particular feature. The Company may deactivate, restrict, or withdraw any Participatory Feature — in whole or in part — at its discretion and without obligation to furnish advance notice or justification.
14Information Accuracy and Content Updates
Information presented through or accessible via the Services is provided for general informational purposes only. The Company makes no representation, warranty, or guarantee regarding the accuracy, completeness, currentness, reliability, or fitness for any particular purpose of any such information. Reliance upon any information obtained through the Services is undertaken solely at the user's own risk. The Company expressly disclaims all liability arising from user reliance upon information obtained through the Services.
The Services may contain or display content provided by third parties, including content submitted by other users, third-party bloggers, licensors, content aggregators, syndication services, and news reporting services. All statements, opinions, advice, or other information expressed in third-party content represent solely the views of the respective content provider and do not necessarily reflect the opinions, beliefs, or positions of the Company. The Company assumes no responsibility or liability for the accuracy, completeness, legality, reliability, or quality of any third-party content. Users bear sole responsibility for evaluating third-party content and for complying with all applicable third-party terms and conditions when accessing the Services.
The Company may update, modify, or revise the Services from time to time. Information and content provided through the Services may become outdated, and the Company undertakes no obligation to update such information or content.
All information collected by the Company is subject to the terms of the applicable Privacy Policy. Utilization of the Services constitutes consent to the collection, use, disclosure, and other processing of user information as described in the Privacy Policy.
15Disclaimer of Warranties
THE COMPANY, TOGETHER WITH ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FURNISHES THE SERVICES, ALL CONTENT ACCESSIBLE THEREIN, AND ALL GOODS OR SERVICES PROCURABLE THERETHROUGH ON A STRICTLY "AS IS" AND "AS AVAILABLE" FOOTING AND EXPRESSLY NEGATES — TO THE BROADEST EXTENT THAT APPLICABLE LAW WILL PERMIT — EVERY WARRANTY, REPRESENTATION, CONDITION, AND UNDERTAKING OF WHATSOEVER NATURE, WHETHER EXPRESS, IMPLIED, COLLATERAL, STATUTORY, OR ARISING BY OPERATION OF LAW, INCLUDING WITHOUT LIMITATION: (I) ANY CONDITION OR WARRANTY OF TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (II) ANY IMPLIED CONDITION OR WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE; AND (III) ANY WARRANTY OR CONDITION THAT MIGHT OTHERWISE ARISE FROM A PRIOR COURSE OF DEALING, A COURSE OF PERFORMANCE, TRADE CUSTOM, OR COMMERCIAL USAGE. THE COMPANY MAKES NO REPRESENTATION AND GIVES NO ASSURANCE THAT THE SERVICES WILL SATISFY YOUR REQUIREMENTS, FUNCTION WITHOUT INTERRUPTION OR LATENCY, ACHIEVE ANY INTENDED OUTCOME, CONFORM TO ANY PERFORMANCE BENCHMARK, INTEROPERATE WITH OTHER SOFTWARE OR HARDWARE, OR REMAIN FREE OF INACCURACIES, DEFECTS, OR VULNERABILITIES, NOR THAT ANY SUCH DEFICIENCIES WILL BE REMEDIATED.
WHERE MANDATORY CONSUMER-PROTECTION LEGISLATION — INCLUDING, WITHOUT LIMITATION, THE CONSUMER PROTECTION ACT, 2002, S.O. 2002, C. 30, SCHED. A, OR EQUIVALENT PROVINCIAL OR FEDERAL ENACTMENTS — RENDERS ANY WARRANTY, CONDITION, OR OBLIGATION INCAPABLE OF EXCLUSION OR LIMITATION, SUCH WARRANTY, CONDITION, OR OBLIGATION SHALL CONTINUE TO APPLY TO THE MINIMUM EXTENT REQUIRED BY THAT LEGISLATION, AND NO BROADER INTERPRETATION SHALL BE GIVEN TO THIS SECTION THAN IS NECESSARY TO ACHIEVE COMPLIANCE.
Security Incidents and Unauthorized Access
The Company employs commercially reasonable administrative, technical, and physical safeguards designed to protect the Services and user data from unauthorized access, use, alteration, disclosure, or destruction. However, no system connected to the internet is completely secure, and the Company cannot and does not guarantee that the Services, its servers, databases, or any data stored therein will be immune from security breaches, cyberattacks, hacking, unauthorized intrusions, or other security incidents.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM OR RELATING TO ANY SECURITY BREACH, CYBERATTACK, HACKING INCIDENT, UNAUTHORIZED ACCESS TO OR ACQUISITION OF THE COMPANY'S SERVERS, SYSTEMS, DATABASES, OR INFRASTRUCTURE, OR ANY UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF, OR DISCLOSURE OF USER DATA, PERSONAL INFORMATION, ACCOUNT CREDENTIALS, FINANCIAL INFORMATION, OR ANY OTHER INFORMATION STORED ON OR TRANSMITTED THROUGH THE SERVICES, WHETHER CAUSED BY CRIMINAL ACTIVITY, THIRD-PARTY ACTIONS, VULNERABILITIES IN THIRD-PARTY SOFTWARE OR INFRASTRUCTURE, SOCIAL ENGINEERING, PHISHING, OR ANY OTHER MEANS. THIS INCLUDES, WITHOUT LIMITATION, ANY THEFT OF FUNDS, UNAUTHORIZED TRANSACTIONS, IDENTITY THEFT, FINANCIAL LOSSES, REPUTATIONAL HARM, OR ANY OTHER DAMAGES RESULTING FROM SUCH INCIDENTS.
You acknowledge that you provide personal information, financial data, and other sensitive information to the Services at your own risk. You are solely responsible for maintaining the confidentiality of your account credentials, enabling all available security features (including two-factor authentication where offered), and promptly notifying the Company at the contact address specified herein if you suspect any unauthorized access to your account. The Company shall bear no liability for losses arising from your failure to safeguard your account credentials or to promptly report suspected unauthorized access.
In the event of a security incident affecting user data, the Company shall use commercially reasonable efforts to investigate the incident and, where required by applicable law (including PIPEDA, the GDPR, and applicable U.S. state data breach notification statutes), shall notify affected users and relevant authorities within the timeframes prescribed by such laws. The Company's sole obligation with respect to security incidents shall be limited to such notification obligations as are mandated by applicable law.
Assumption of Risk: Downloaded Materials and Hostile Code
The internet is an inherently insecure medium of communication and data transfer. Any file, software component, or digital asset that you retrieve — whether from within the Services or from any resource reachable through the Services — may harbour viruses, trojan horses, ransomware, key-loggers, worms, rootkits, or other forms of hostile or surreptitious code. The Company does not scan, certify, or warrant the integrity of downloadable materials. You accept undivided responsibility for configuring and maintaining your own defensive infrastructure — encompassing, at a minimum, up-to-date endpoint-protection software, network-perimeter controls, and geographically separate backup copies of critical data — sufficient to detect, quarantine, and recover from any compromise.
THE COMPANY ACCEPTS NO LIABILITY WHATSOEVER, TO THE GREATEST EXTENT THAT APPLICABLE LAW WILL ALLOW, FOR THE CORRUPTION, DEGRADATION, LOSS, OR UNAUTHORIZED EXFILTRATION OF DATA, NOR FOR DAMAGE TO HARDWARE, FIRMWARE, OPERATING SYSTEMS, OR ANY OTHER TANGIBLE OR INTANGIBLE PROPERTY, WHERE SUCH HARM IS ATTRIBUTABLE — DIRECTLY OR INDIRECTLY — TO DISTRIBUTED-DENIAL-OF-SERVICE EVENTS, VOLUMETRIC OR APPLICATION-LAYER FLOODING, MALICIOUS CODE PAYLOADS, OR ANY OTHER TECHNOLOGICALLY INJURIOUS CONDITION ENCOUNTERED IN CONNECTION WITH THE SERVICES OR WITH MATERIALS OBTAINED THROUGH OR REFERENCED BY THE SERVICES. YOU ACCESS AND UTILIZE THE SERVICES, AND ALL CONTENT, FEATURES, AND MATERIALS FURNISHED THEREUNDER, ENTIRELY AT YOUR OWN PERIL.
16Limitation of Liability
IRRESPECTIVE OF THE LEGAL OR EQUITABLE THEORY ADVANCED — WHETHER SOUNDING IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), BREACH OF STATUTORY DUTY, BREACH OF WARRANTY, UNJUST ENRICHMENT, MISREPRESENTATION, OR ANY OTHER DOCTRINE RECOGNIZED AT LAW OR IN EQUITY — AND IRRESPECTIVE OF WHETHER THE POSSIBILITY OF THE RELEVANT HARM WAS COMMUNICATED TO, FORESEEN BY, OR OTHERWISE WITHIN THE CONTEMPLATION OF THE COMPANY, THE FOLLOWING EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS IN RESPECT OF ANY MATTER ARISING OUT OF, CONNECTED WITH, OR OCCASIONED BY YOUR ENGAGEMENT WITH OR ATTEMPTED ENGAGEMENT WITH THE SERVICES, ANY CONTENT OR CONDUCT ENCOUNTERED THEREIN, OR ANY TRANSACTION, INTERACTION, OR DISPUTE RELATED THERETO.
(A) COMMERCIAL AND FINANCIAL LOSSES. NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, NOR ANY PARENT ENTITY, SUBSIDIARY, AFFILIATE, LICENSOR, SERVICE PROVIDER, SUCCESSOR, OR ASSIGN OF ANY OF THE FOREGOING (COLLECTIVELY, THE "RELEASED PARTIES"), SHALL BEAR LIABILITY FOR ANY DIMINUTION OF REVENUE, EROSION OF PROFITS, FORFEITURE OF COMMERCIAL OPPORTUNITIES, DISSIPATION OF GOODWILL OR BRAND VALUE, FRUSTRATION OF ANTICIPATED COST SAVINGS, OR EXPENDITURE INCURRED IN PROCURING REPLACEMENT GOODS, SERVICES, OR TECHNOLOGICAL INFRASTRUCTURE — WHETHER SUCH LOSSES ARE CHARACTERIZED AS DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE.
(B) PERSONAL AND NON-PECUNIARY HARM. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR BODILY INJURY, PSYCHOLOGICAL OR EMOTIONAL DISTRESS, MENTAL ANGUISH, REPUTATIONAL INJURY, HUMILIATION, INCONVENIENCE, OR ANY OTHER NON-ECONOMIC HARM HOWSOEVER ARISING.
(C) OPERATIONAL AND TECHNOLOGICAL DISRUPTION. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR INTERRUPTION OF BUSINESS OPERATIONS, SYSTEM DOWNTIME, HARDWARE OR SOFTWARE MALFUNCTION, CORRUPTION OR DEGRADATION OF COMPUTING EQUIPMENT, OR IMPAIRMENT OF NETWORK CONNECTIVITY.
(D) DATA AND INFORMATIONAL LOSSES. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE DESTRUCTION, CORRUPTION, LOSS OF INTEGRITY, UNAUTHORIZED DISCLOSURE, OR IRRECOVERABILITY OF DATA, RECORDS, FILES, OR DIGITAL ASSETS, REGARDLESS OF THEIR NATURE OR VALUE.
THE EXCLUSIONS SET FORTH IN PARAGRAPHS (A) THROUGH (D) ABOVE EXTEND TO ALL FORMS OF PECUNIARY AND NON-PECUNIARY DETRIMENT NOT EXPRESSLY ENUMERATED THEREIN AND SHALL APPLY WITH EQUAL FORCE REGARDLESS OF WHETHER THE CLAIM IS BROUGHT BY YOU, ON YOUR BEHALF, OR BY ANY THIRD PARTY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE AND AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
The existence of more than one claim shall not enlarge or extend the foregoing aggregate liability cap. You acknowledge and agree that the Company has set its fees, structured its pricing, and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that such provisions form an essential basis of the bargain between you and the Company. The limitations set forth in this section shall apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Notwithstanding the breadth of the foregoing exclusions, nothing in this Section shall operate to absolve the Company of liability where such liability is directly and proximately attributable to the Company's own gross negligence, deliberate malfeasance, or fraudulent conduct.
TO THE EXTENT THAT ANY JURISDICTION IN WHICH YOU RESIDE OR FROM WHICH YOU ACCESS THE SERVICES IMPOSES MANDATORY STATUTORY PROTECTIONS THAT PROHIBIT THE EXCLUSION OR RESTRICTION OF CERTAIN CATEGORIES OF LIABILITY, THOSE PROTECTIONS SHALL PREVAIL OVER THE EXCLUSIONS ARTICULATED IN THIS SECTION, BUT ONLY TO THE MINIMUM DEGREE REQUIRED BY THE APPLICABLE ENACTMENT.
17Indemnification
You agree to indemnify, defend, and hold harmless the Company, its directors, officers, and managers in their corporate and personal capacities, its shareholders and members, its employees, contractors, and agents, every parent entity, subsidiary, and affiliate of the Company, each licensor, supplier, and service provider engaged by or on behalf of the Company or any such affiliate, and all successors, assigns, and legal representatives of each of the foregoing (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, expert witness fees, court costs, and litigation expenses) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of any provision of this Agreement; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality obligation, property right, or privacy right; (d) any User Content you submit, post, or transmit through the Services; (e) your use of or reliance upon any content obtained through the Services; or (f) any allegation that any User Content you submitted caused damage to or infringed the rights of a third party. This indemnification obligation shall survive termination of this Agreement and your use of the Services.
18User-to-User Dispute Resolution
You acknowledge and agree that any dispute, controversy, claim, or disagreement arising between you and any other user of the Services shall be resolved directly between the affected users, without involvement of or recourse to the Company. You hereby release the Company and the Indemnified Parties from any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to any dispute between you and another user. You further agree to indemnify and hold harmless the Company and the Indemnified Parties from any such claims brought by third parties arising from user-to-user disputes.
19Governing Law
This Agreement and all matters arising out of or relating to this Agreement and the Services, including all disputes, claims, or controversies (whether arising in contract, tort, equity, or otherwise), will be interpreted and enforced in accordance with the federal laws of Canada and the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law provisions or rules that would cause the application of the laws of any other jurisdiction.
20Dispute Resolution Through Arbitration
Waiver of Collective Proceedings and Restriction to Individual Claims
EACH PARTY ACKNOWLEDGES THAT, IN AGREEING TO THE PROVISIONS OF THIS SECTION, IT IS SURRENDERING THE RIGHT TO PURSUE LITIGATION BEFORE A COURT OF ORDINARY CIVIL JURISDICTION, THE RIGHT TO TRIAL BY JURY, AND THE RIGHT TO SERVE AS OR BE REPRESENTED BY A PARTY IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THESE WAIVERS ARE GIVEN VOLUNTARILY, WITH FULL APPRECIATION OF THEIR LEGAL CONSEQUENCES, AND AFTER ADEQUATE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE. NO PROVISION OF THIS SECTION SHALL BE CONSTRUED AS LIMITING EITHER PARTY'S RIGHT TO RETAIN COUNSEL IN AN ARBITRATION PROCEEDING.
Every arbitration convened under this Section shall proceed as a bilateral proceeding between you and the Company only. No arbitrator or panel of arbitrators appointed hereunder shall possess the authority to: join or implead additional parties; aggregate, consolidate, or combine the claims of two or more claimants into a single proceeding; adjudicate any claim on a representative or class-wide basis; or entertain any proceeding that purports to bind persons who are not individually named as parties. The restriction to bilateral proceedings set forth in this paragraph is a non-severable, essential component of this arbitration agreement, and any challenge to the enforceability of this restriction shall be determined exclusively by a court of competent jurisdiction — not by the arbitral tribunal.
Scope, Defined Terms, and Mandatory Pre-Arbitration Procedure
For the purposes of this Section, "Covered Claim" means any disagreement, controversy, demand, or cause of action — whether contractual, tortious, statutory, equitable, or otherwise — that in any manner touches upon, arises out of, or bears a connection to this Agreement, the Services, or any dealings between you and the Company, including without limitation questions concerning the formation, construction, enforceability, performance, or termination of this Agreement. Compliance with the pre-arbitration procedure described in this paragraph is a mandatory prerequisite; no party may file or initiate arbitration until it has been satisfied. The party asserting a Covered Claim must first transmit to the other party a written notification (a "Claim Notice") that identifies the factual basis of the claim, the contractual or legal provisions at issue, and the specific relief or remedy demanded. Following delivery of the Claim Notice, the parties shall engage in a bona fide effort to resolve the matter through direct negotiation for a period of no fewer than thirty (30) calendar days. Only upon the expiration of this negotiation period without resolution may either party submit the Covered Claim to binding arbitration.
Arbitral Tribunal: Constitution, Competence, and Procedural Authority
All Covered Claims that are not resolved through negotiation shall be referred to and finally determined by arbitration administered under the rules of the ADR Institute of Canada, Inc. ("ADR Institute"), as in effect at the date the arbitration is commenced. The arbitral seat shall be the City of Toronto, Province of Ontario, and the language of proceedings shall be English. The tribunal shall be constituted as follows: where the combined value of all claims, counterclaims, and set-offs advanced by both parties is below ten thousand Canadian dollars (CAD $10,000), a single arbitrator shall be appointed under the ADR Institute's applicable procedures; in all other cases, a panel of three (3) arbitrators shall be appointed. As a carve-out from arbitration, either party retains the option — exercisable at any time before the opposing party files its statement of defence in the arbitration — to redirect any Covered Claim that falls within the monetary competence of a small claims court in Ontario to that forum instead.
The tribunal is vested with plenary competence to determine the boundaries of its own mandate, including the power to adjudicate any objection that the arbitration clause does not exist, is inoperative, or is incapable of being performed. The claimant shall commence the arbitration by transmitting a written memorial to the respondent that sets out the material facts, identifies the applicable provisions of this Agreement, and specifies the relief sought. The respondent shall submit a written reply — together with any counterclaims or defences of set-off — within twenty (20) business days of receiving the claimant's memorial. Where the tribunal comprises three members, a decision or order requires the assent of at least two; in the absence of a majority, the chair's vote shall be determinative. The tribunal may grant any interim, conservatory, or final remedy that it deems proportionate and just, and may allocate the costs of the arbitration — including institutional fees, tribunal fees, and reasonable solicitor-and-own-client costs — to the unsuccessful party.
Applicable Law, Confidentiality, Interim Court Relief, and Enforcement
The arbitration shall be governed by the Commercial Arbitration Act, R.S.C. 1985, c. 17 (2nd Supp.), read together with the domestic substantive law of the Province of Ontario. Each party undertakes to preserve the confidentiality of all aspects of the arbitration — including the fact that a proceeding has been commenced, all pleadings, evidence, written and oral submissions, procedural orders, and the final award — save to the extent that disclosure is compelled by the order of a court of competent jurisdiction, mandated by securities or other regulatory requirements, or necessary to enforce or challenge the award. An award rendered under this Section is final and binding upon the parties and may be entered as a judgment in any court possessing jurisdiction over the party against whom enforcement is sought.
Nothing in this Section shall be interpreted to deprive either party of the right to apply to a court of competent jurisdiction for urgent interlocutory, injunctive, or other provisional equitable relief where such relief is necessary to avert irreparable injury or to maintain the status quo while the arbitration is pending or being constituted.
Severability and Fallback Forum
Should a court of competent jurisdiction determine that any provision of this Section is void, unenforceable, or otherwise incapable of giving effect to its intended purpose, the offending provision shall be excised to the minimum extent necessary and all remaining provisions shall continue in full force. In the event that the arbitration mechanism as a whole is struck down or rendered inoperative with respect to a particular Covered Claim, the parties irrevocably attorn to the exclusive jurisdiction of the Superior Court of Justice of Ontario, sitting in Toronto, for the resolution of that Covered Claim, and each party agrees that any final judgment of that court shall be conclusive, enforceable by registration in any jurisdiction, and not subject to collateral attack.
European Economic Area Users
Notwithstanding any provision of this Section 20 to the contrary, nothing herein shall deprive a user who qualifies as a consumer within the meaning of Directive 2011/83/EU (the "Consumer Rights Directive") or Regulation (EU) No 1215/2012 (the "Brussels I Recast Regulation") of the protections afforded by the mandatory consumer protection provisions of the laws of the Member State in which such user is habitually resident, including the right to bring proceedings before the courts of that Member State. To the extent that any provision of this arbitration clause is deemed unenforceable against a consumer located within the European Economic Area under Council Directive 93/13/EEC on unfair terms in consumer contracts or any applicable national implementing legislation, such provision shall be severed solely with respect to that user without affecting the validity or enforceability of the remaining arbitration provisions or the application of this Section 20 to users in other jurisdictions.
21Limitation Period for Legal Claims
NO PROCEEDING, WHETHER FRAMED IN CONTRACT, TORT, STATUTE, OR OTHERWISE, THAT ARISES FROM OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SERVICES SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FOLLOWING THE DATE UPON WHICH THE UNDERLYING RIGHT OF ACTION FIRST CRYSTALLIZED. UPON THE EXPIRATION OF THE FOREGOING PRESCRIPTIVE PERIOD, ANY SUCH PROCEEDING NOT YET INSTITUTED SHALL BE DEEMED IRREVOCABLY EXTINGUISHED AND SHALL THEREAFTER BE INCAPABLE OF ASSERTION IN ANY FORUM OR JURISDICTION WHATSOEVER.
22Miscellaneous Provisions
Waiver and Severability
Neither the Company's forbearance in exercising, nor any delay or omission in enforcing, any right, power, or remedy available under this Agreement shall be construed as a relinquishment thereof, and any express waiver granted by the Company on a particular occasion shall operate solely with respect to that occasion and shall not extend to any subsequent breach or default, whether of a like or different character.
The remaining provisions of this Agreement shall retain their full force and effect notwithstanding that any individual term or condition is adjudged, by a court of competent jurisdiction or other duly constituted adjudicative body, to be void, unenforceable, or otherwise inoperative at law or in equity. Any provision so adjudged shall be modified to the minimum extent necessary to render it valid and enforceable while preserving, as nearly as practicable, the commercial substance and underlying intent of the parties as expressed in the original formulation.
Entire Agreement
The provisions set forth herein, read in conjunction with the Privacy Policy and each supplementary policy or instrument expressly incorporated by reference, embody the complete and exclusive understanding between you and the Company with respect to the Services and extinguish all antecedent negotiations, commitments, representations, and undertakings, whether communicated orally or reduced to writing, that relate to the subject matter hereof.
No Third-Party Beneficiaries
Nothing in this Agreement, whether express or implied, is intended to vest in any individual or entity other than the parties hereto and their respective permitted successors and assigns any legal or equitable right, benefit, or cause of action arising under or by reason of this Agreement.
Force Majeure
The Company shall not be liable for any failure or delay in the performance of any obligation under this Agreement, including without limitation the provision, availability, or functionality of the Services, to the extent that such failure or delay is caused by, results from, or is attributable to circumstances beyond the Company's reasonable control, including but not limited to: acts of God; natural disasters (including earthquakes, floods, hurricanes, volcanic eruptions, or severe weather events); epidemics, pandemics, or public health emergencies; fire; explosion; war, armed conflict, invasion, military action, terrorism, or threat thereof; riots, civil disturbance, insurrection, or social unrest; embargoes, sanctions, or trade restrictions; governmental actions, orders, regulations, directives, or restrictions; legislative or regulatory changes; court orders or judicial proceedings; labor disputes, strikes, lockouts, or work stoppages; interruption or failure of utility services (including electrical power, gas, water, or telecommunications); interruption or failure of internet services, cloud infrastructure, hosting services, or third-party technology providers; cyberattacks, distributed denial-of-service attacks, ransomware attacks, or other malicious cyber events directed at the Company or its service providers; failure or unavailability of third-party game servers, platforms, or services; and any other cause or event, whether similar or dissimilar to the foregoing, that is beyond the Company's reasonable control (each, a "Force Majeure Event").
During the continuance of any Force Majeure Event, the Company's affected obligations shall be suspended without liability, and the time for performance thereof shall be extended by a period equal to the duration of such event. The Company shall use commercially reasonable efforts to mitigate the effects of any Force Majeure Event and to resume performance as soon as reasonably practicable. Notwithstanding the foregoing, the Company shall have no obligation to resolve or overcome any Force Majeure Event. For the avoidance of doubt, no Force Majeure Event shall excuse or delay any user's payment obligations under this Agreement. Match outcomes, prize distributions, and other determinations made during or affected by a Force Majeure Event shall be final, and the Company shall bear no liability for any losses, damages, or consequences resulting from the impact of a Force Majeure Event on the Services, Match outcomes, fund availability, or any other aspect of the platform.
Assignment
You may not assign, delegate, transfer, sublicense, pledge, or otherwise dispose of this Agreement, or any of your rights, interests, or obligations hereunder, whether voluntarily, involuntarily, by operation of law, or otherwise, without the prior written consent of the Company, and any purported assignment, delegation, or transfer in violation of this provision shall be null, void, and of no force or effect. The Company may freely assign, delegate, or transfer this Agreement, or any of its rights or obligations hereunder, in whole or in part, without restriction, notice to you, or your consent, including without limitation in connection with a merger, acquisition, consolidation, corporate reorganization, sale of all or substantially all of the Company's assets, change of control, initial public offering, financing transaction, or any other business combination or corporate transaction. Upon any such assignment by the Company, the assignee shall assume all of the Company's rights and obligations under this Agreement, and the Company shall be released from any further liability hereunder. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Consent to Electronic Communications
By accessing, registering for, or utilizing the Services, you expressly consent to receive electronic communications from the Company, including without limitation: account-related notices (such as registration confirmations, account verification, payment confirmations, withdrawal processing notifications, and account security alerts); transactional communications (such as match confirmations, outcome notifications, prize distribution notices, and dispute resolution updates); service announcements (such as maintenance notifications, feature updates, policy changes, and Terms of Service amendments); promotional and marketing communications (such as newsletters, special offers, and partner promotions); and legal and compliance notices (such as data breach notifications, regulatory disclosures, and tax reporting communications).
You agree that all notices, agreements, disclosures, and other communications that the Company provides to you electronically, whether by email to the address associated with your account, by posting on the Platform, by in-app notification, or by any other electronic means, satisfy any legal requirement that such communications be in writing. You acknowledge that your consent to receive electronic communications is a prerequisite to your access to and use of the Services and that withdrawal of such consent with respect to transactional, account-related, or legally required communications may result in termination of your account. You may opt out of promotional and marketing communications at any time by following the unsubscribe instructions contained in such communications or by contacting the Company at the address specified herein; provided, however, that opting out of promotional communications shall not affect the Company's right and obligation to send transactional, account-related, service-related, and legally required communications.
Survival
All provisions of this Agreement that by their nature or express terms are intended to survive the expiration or termination of this Agreement, or that are necessary for the interpretation or enforcement of post-termination rights or obligations, shall survive and remain in full force and effect following the expiration, termination, or cancellation of this Agreement or your use of the Services, including without limitation the following sections and all subsections thereof: Section 4 (Proprietary Rights and Intellectual Property Protections); Section 6 (Video Recordings, Evidence Submission, and Content Rights); Section 8 (Competitive Matches and Financial Terms), including all provisions relating to match outcome finality, fund forfeiture, escrow, and voting determinations; Section 9 (Withdrawal Procedures and Identity Verification), including tax reporting obligations; Section 15 (Disclaimer of Warranties); Section 16 (Limitation of Liability); Section 17 (Indemnification); Section 18 (User-to-User Dispute Resolution); Section 19 (Governing Law); Section 20 (Dispute Resolution Through Arbitration); Section 21 (Limitation Period for Legal Claims); and Section 22 (Miscellaneous Provisions), including the Force Majeure, Assignment, Electronic Communications, and Survival provisions set forth herein. The survival of these provisions shall not be construed as an exhaustive enumeration; any other provisions that by their nature are intended to survive shall also survive termination.
Contact Information
The Services are operated by Inting Technologies Inc., a federally incorporated Canadian company conducting business under the trade name DuelSkill.
Please direct all questions, feedback, support requests, and other communications about the Services to: support@duelskill.com