Terms & Conditions
Last Updated: 6/12/2026
This Terms of Service (“Agreement”) is entered into by and between the individual who has created an account via a Purchase Page (as defined below), as well as any applicable business entity for which such account was created (collectively, “you”, “your”, or “Customer”) and Betlabs LLC (“Betlabs”, “we”, “our”, or “us”). Betlabs and Customer may be referred to herein each individually as a “Party” and collectively, the “Parties”. The terms of this Agreement, together with any documents expressly incorporated by reference, govern your access to and use of the Website (as defined below), including all data, source code, templates, tools, processes, methodologies, trade secrets, or other information contained therein, including any improvements or enhancements made thereto.
THIS AGREEMENT CONTAINS PROVISIONS REGARDING BINDING ARBITRATION AND A WAIVER OF CLASS RELIEF IN THE SECTION ENTITLED “DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER” BELOW. IF YOU WISH TO OPT OUT OF THESE PROVISIONS, YOU MUST PROVIDE NOTICE TO BETLABS AS DETAILED THEREIN.
Please read the Agreement carefully before you start to use the Website. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT www.syxthsense.net/privacy-policy (the “Privacy Policy”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY (EXCEPT FOR THOSE PROVISIONS FOR WHICH YOU MAY OPT OUT), YOU MUST NOT ACCESS OR USE THE WEBSITE. IF YOU ARE USING THE WEBSITE ON BEHALF OF A BUSINESS OR SOME OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO GRANT ALL LICENSES SET FORTH IN THESE TERMS OF USE AND TO AGREE TO THESE TERMS OF USE ON BEHALF OF THE BUSINESS OR ENTITY. This Agreement shall be effective as of the date on which you access the Website or otherwise click your acceptance or agreement of this Agreement (the “Effective Date”).
1. DEFINITIONS
“AI Features” means any artificial intelligence-based tools or assistants made available through the Website, including automated analytics, data-driven insights, trend identification, and any other AI-powered functionality.
“Betting Data” means odds, lines, spreads, moneylines, totals, and other wagering-related data sourced from third-party data providers and made available to Customer through the Website.
“Betlabs IP” means the Website, Betting Data, and Betlabs’ systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any technical or functional descriptions, requirements, plans, or reports, that are provided or used by Betlabs or any subcontractor in connection with the Website. For the avoidance of doubt, Betlabs IP includes Aggregated Data and any information, data, or other content derived from Betlabs’ monitoring of Customer’s access to or use of the Website, but does not include Customer Data.
“Customer Data” means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from Customer by or through the Website, including without limitation Customer’s name, email address, age, phone number, city, state, and wagering, betting, and other Customer financial information.
“Free Version” means a version of the Website that Betlabs may make available at no charge, with features and functions as determined by Betlabs in its sole discretion.
“Intellectual Property Rights” means all intellectual property including but not limited to source code, object code, software and all future modifications, revisions, updates, releases, improvements, enhancements, and customizations thereto, trademarks, design features, visual expressions, technologies, screen formats, report formats and all ideas, methods, algorithms, formulae and concepts used in development of the software, and all derivative works based upon any of the foregoing and all copyrights, patents, trade secrets and other intellectual property rights now known or developed in the future worldwide.
“Purchase Page” means an ordering document, online purchase page, or other written or electronic order executed by Customer (or submitted through the Website) that references this Agreement and specifies the Fees, and other commercial terms. Each Purchase Page is incorporated into and governed by this Agreement.
“Third-Party Products” means third-party commercial software, tools, data providers, payment processors, and products that Betlabs makes available within or in connection with the Website, including without limitation third-party Betting Data and payment processing services.
“Website” means Betlabs’ cloud-based data-driven sports betting analytics website located at www.syxthsense.net including all tools for building, testing, and tracking custom betting systems using historical data, identifying betting opportunities, AI Features, and related technology, as well as any other mobile or web-based applications made available to Customer.
2. REGISTRATION; PURCHASE PAGE
2.1 Purchase Page. The Parties will set forth specific terms of Customer’s use of the Website in a Purchase Page, which shall contain at a minimum: (i) the name, address, and contact information of Customer; (ii) the applicable Fees (if any); (iii) the type and scope of the subscription (including the applicable tier); and (iv) other information as determined between the Parties, such as the Subscription Term.
2.2 Registration; Account. Customer must register for a Betlabs account to access the Website. By registering, Customer acknowledges that: (1) Customer has read and understands this Agreement; (2) Customer’s use of the Website is solely for Customer’s own personal purposes or for internal business purposes; (3) information inputted into the Website, including Customer’s name, email address, phone number, city, and state, is accurate and shall be kept current; (4) Customer has all rights to provide Customer Data; and (5) Customer Data will be governed by the Privacy Policy.
2.3 Usernames and Passwords. Upon registration, Customer shall keep all usernames, passwords, and other account details or credentials used to verify Customer’s identity and authorization to access and use the Website (collectively, “Access Credentials”) confidential. Betlabs will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with any unauthorized use of any Access Credentials. Betlabs retains the right to disable any Access Credentials, if Customer has violated any of the provisions of this Agreement.
3. LICENSE GRANT; ACCESS AND USE
3.1 License Grant. Subject to Customer’s compliance with this Agreement, Betlabs hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 13.10), non-sublicensable right to access and use the Website, solely for Customer’s own personal, non-commercial, informational purposes in connection with building, testing, and tracking custom betting systems using historical data and identifying betting opportunities (the “Permitted Purpose”). For the avoidance of doubt, the Website provides data, analytics, and informational tools only; the Website does not provide betting, gambling, investment, or financial advice of any kind, and Customer’s use of the Website does not create an advisory, fiduciary, or professional relationship between Betlabs and Customer.
3.2 Third-Party Products. Betlabs may from time to time make Third-Party Products available to Customer and, if so, such Third-Party Products may be subject to their own terms of service and the applicable flow through provisions for such Third-Party Products. Betlabs is not liable for any Third-Party Products. If Customer does not agree to abide by the applicable terms for any such Third-Party Products, then Customer should not install or use such Third-Party Products.
3.3 Hosting. Customer acknowledges that Betlabs uses third-party entities to host the Website and store Customer Data (the “Hosting Services”). Betlabs may select and change such Hosting Services in its sole discretion. To the maximum extent permitted by law, Betlabs shall have no liability for any disruptions, downtime, data loss, or security incidents arising from or relating to the Hosting Services.
3.4 Use Restrictions. Customer shall not, and shall not permit any other person to, access or use the Betlabs IP except as expressly permitted by this Agreement and, in the case of Third-Party Products, the applicable third-party license agreement. Without limiting the generality of the foregoing, Customer shall not, except as this Agreement expressly permits: (a) copy, modify, or create derivative works or improvements of the Betlabs IP; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Betlabs IP to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Betlabs IP, in whole or in part; (d) bypass or breach any security device or protection used by the Betlabs IP or access or use the Betlabs IP other than through the use of Customer’s own then-valid Access Credentials; (e) input, upload, transmit, or otherwise provide to or through the Website, any information or materials that are unlawful or injurious, or that contain, transmit, or activate any harmful code; (f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Website, Betlabs IP, or Betlabs’ provision of the Website or any services to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website or Betlabs IP, including any copy thereof; (h) access or use the Website or Betlabs IP in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable law; (i) access or use the Website or Betlabs IP for purposes of competitive analysis of the Website or Betlabs IP, the development, provision, or use of a competing software service or product, or any other purpose that is to Betlabs’ detriment or commercial disadvantage; (j) use the Website or any data, tools, or analytics provided through the Website for any illegal gambling activity or in violation of any applicable federal, state, local, or foreign law or regulation governing sports betting, wagering, or gambling; (k) redistribute, resell, or sublicense Betting Data or any data obtained through the Website to any third party; or (l) use the Website to provide betting advice, tips, or recommendations to third parties in exchange for compensation.
3.5 Suspension. Notwithstanding anything to the contrary in this Agreement, Betlabs may temporarily suspend or otherwise deny Customer’s or any other person’s access to or use of all or any part of the Website or Betlabs IP, without incurring any resulting obligation or liability, if: (a) Betlabs receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Betlabs to do so; or (b) Betlabs believes, in its reasonable discretion, that: (i) Customer has failed to comply with any material term of this Agreement, or accessed or used the Website beyond the scope of the rights granted or for a purpose not authorized under this Agreement; (ii) Customer is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Website; (iii) there is a threat or attack on the Website; or (iv) Customer’s use of the Website disrupts or poses a security risk to the Website or to any other customer or vendor of Betlabs. This Section 3.5 does not limit any of Betlabs’ other rights or remedies, whether at law, in equity, or under this Agreement.
3.6 Free Version. Betlabs may provide Customer with access to and use of a Free Version of the Website. Betlabs shall determine in its sole discretion what features and functions are available in the Free Version. In the event Customer elects to use the Free Version (which election shall be evidenced by any registration or use of the Website, including without limitation the inputting of Customer Data into the Website), all terms of this Agreement shall remain in full force and effect, except for the payment terms described in Section 5 below. Betlabs may modify, suspend, or discontinue the Free Version at any time without prior notice or liability.
4. CUSTOMER OBLIGATIONS
4.1 General Responsibilities. Customer is responsible for: (a) all uses and misuses of the Website; (b) all hardware, software, and internet connections needed to use the Website; (c) ensuring the accuracy and legality of all Customer Data provided to Betlabs; (d) compliance with all applicable federal, state, local, and international laws and regulations, including without limitation any laws governing sports betting, wagering, gambling, or data privacy in Customer’s jurisdiction; and (e) determining the suitability of the Website for Customer’s purposes.
4.2 Customer Data. Customer has and will retain sole responsibility for: (a) all Customer Data, including its content, accuracy, quality, legality, and use; (b) all information, instructions, and materials provided by or on behalf of Customer in connection with the Website; (c) the security and use of Customer’s Access Credentials; and (d) all access to and use of the Website directly or indirectly by or through Customer’s Access Credentials, with or without Customer’s knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use. Customer represents and warrants that it has obtained all necessary rights and consents to provide Customer Data to Betlabs in connection with the Website, and that the Customer Data, as received by Betlabs and processed in accordance with this Agreement, will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, privacy, or other rights of any third party or violate any applicable law.
5. FEES AND PAYMENT
5.1 Fees. Customer shall pay Betlabs all fees set forth in the applicable Purchase Page (“Fees”). All Fees are charged at the frequency and in the amounts set forth in the applicable Purchase Page and are non-refundable, except as expressly provided herein. All Fees shall be paid in full without setoff, recoupment, or deduction (other than tax withholding required by law). If Customer fails to pay Fees when due: (a) Betlabs may charge interest at one and one-half percent (1.5%) per month (or, if lower, the maximum rate permitted by law); (b) Customer shall reimburse Betlabs for collection costs, including attorneys’ fees; and (c) Betlabs may suspend Customer’s access to any portion or all of the Website until such amounts are paid in full. Betlabs may increase Fees by providing written notice to Customer at least thirty (30) calendar days prior to the commencement of the next billing period.
5.2 Recurring Charges Authorization. By providing a payment card or other payment method (“Payment Method”) and subscribing to the Website, Customer authorizes Betlabs and its Payment Processor (as defined below) to store Customer’s Payment Method as a credential-on-file and to initiate recurring charges to that Payment Method, on a merchant-initiated basis, for all Fees due under Customer’s subscription and any applicable Purchase Page, including subscription fees, add-on fees, applicable taxes, and any other amounts owed. Customer authorizes such charges to recur automatically on each billing date, in the amount and at the frequency disclosed at the point of sale or in the applicable Purchase Page, until Customer’s subscription is cancelled in accordance with this Agreement. Customer represents and warrants that (a) Customer is the authorized user of the Payment Method, (b) all payment information Customer provides is true, accurate, and complete, and (c) Customer will promptly update Customer’s account with any changes to Customer’s Payment Method. Customer further authorizes Betlabs and its Payment Processor to use card-updater services offered by the card networks or Customer’s issuer to obtain updated Payment Method information and to re-attempt failed or declined charges.
5.3 Payment Processing. Payment processing for the Website will be provided by third-party payment processors selected by Betlabs in its sole discretion (such as Stripe, Inc.) (each, a “Payment Processor”). Betlabs does not operate, own, or control any Payment Processor; accordingly, all financial transactions are governed by the applicable Payment Processor’s terms of service and privacy policy. Betlabs shall have no liability for any acts, omissions, failures, or interruptions of any Payment Processor.
5.4 Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, value-added, excise, withholding, and other taxes, duties, fees, surcharges, and assessments of any kind imposed by any federal, state, local, or foreign governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Betlabs’ income. If Customer is required by applicable law to deduct or withhold any tax, the amount payable shall be increased so that, after making all required deductions and withholdings, Betlabs receives the full amount it would have received absent such deductions or withholdings.
6. DATA PRIVACY AND SECURITY
Betlabs’ collection, use, and processing of personal data and Customer Data in connection with the Website is governed by the Privacy Policy. Betlabs may update the Privacy Policy from time to time; provided that any material changes shall be communicated to Customer via email or through the Website. Customer acknowledges and agrees that Betlabs will collect and process: (i) data provided by Customer, including Customer Data and account information (such as name, email, phone number, city, and state); (ii) bankroll information and betting preferences provided by Customer; (iii) usage data, including behavioral data and data generated through Customer’s interactions with the Website; and (iv) Aggregated Data as described in Section 8.3. Customer is solely responsible for: (A) ensuring that its provision of Customer Data complies with all applicable data protection laws; (B) providing all required notices and obtaining all required consents for the collection, use, and sharing of Customer Data as described in the Privacy Policy and as required by applicable data protection laws; and (C) complying with all applicable data protection laws in connection with its use of the Website.
7. CONFIDENTIALITY
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General. Either Party may disclose to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (i) in the public domain; (ii) known to the receiving Party at the time of disclosure; (iii) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (iv) independently developed by the receiving Party. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s employees who have a need to know the Confidential Information for the receiving Party to perform its obligations hereunder; provided that such persons have been informed of the confidential nature of the Confidential Information prior to such disclosure and have an obligation to maintain the confidentiality thereof.
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Exceptions. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party’s rights under this Agreement, including to make required court filings.
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Standard of Care; Survival. Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire three years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. Each Party shall take commercially reasonable precautions, but no less than those precautions used to protect its own Confidential Information, to prevent the theft, disclosure, and the unauthorized copying, reproduction, use or distribution of the Confidential Information.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Betlabs IP. All right, title, and interest in and to the Betlabs IP, including all Intellectual Property Rights therein, are and will remain with Betlabs and, with respect to Third-Party Products (including third-party Betting Data providers), the applicable third-party providers own all right, title, and interest, including all Intellectual Property Rights, in and to the Third-Party Products. Customer has no right, license, or authorization with respect to any of the Betlabs IP except as expressly set forth in Section 3. All other rights in and to the Betlabs IP are expressly reserved by Betlabs.
8.2 Customer Data. Customer is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Data, including all Intellectual Property Rights relating thereto, subject to the rights and permissions granted in Section 8.3. Customer grants Betlabs a limited, royalty-free, non-exclusive, revocable license to use the Customer Data for the purpose of providing and operating the Website, training Betlabs’ and its licensors’ artificial intelligence and machine learning models, and providing the features described in this Agreement and the applicable Purchase Page.
8.3 Aggregated and Anonymized Data. Notwithstanding anything to the contrary in this Agreement, Betlabs shall have the unrestricted, perpetual, irrevocable, worldwide, royalty-free right to collect, compile, aggregate, anonymize, de-identify, and otherwise process Customer Data and other data generated through or in connection with the Website to create aggregated, anonymized, or de-identified datasets that do not identify Customer or any individual (“Aggregated Data”). Betlabs shall own all right, title, and interest in and to all Aggregated Data. Betlabs may use, sell, license, distribute, or otherwise commercialize Aggregated Data for any business purpose, including without limitation market analysis, benchmarking, artificial intelligence and machine learning model training, product development, and other analytics and business operations; provided that such Aggregated Data does not identify Customer or any individual. For the avoidance of doubt, Aggregated Data constitutes Betlabs IP, and Customer shall have no rights, claims, or interest in or to any Aggregated Data.
8.4 Feedback. If Customer sends any feedback or materials to Betlabs by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website, including without limitation, new features or functionality, or any other comments, questions, or suggestions (“Feedback”), Betlabs shall own all such Feedback and is free to use such Feedback in its sole discretion. Customer hereby assigns to Betlabs all right, title, and interest in, and to the Feedback. Betlabs is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although Betlabs is not required to use any Feedback.
9. REPRESENTATIONS AND WARRANTIES
9.1 Mutual Representations and Warranties. Each party represents and warrants to the other party that: (a) it is duly organized, validly existing, and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization; (b) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the execution of this Agreement by its representative has been duly authorized by all necessary corporate or organizational action of such party; and (d) when executed and delivered by both parties (or accepted by Customer in accordance with the preamble), this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms.
9.2 Customer Representations and Warranties. Customer represents, warrants, and covenants to Betlabs that (i) it will comply with all applicable federal, state, local, and international regulations, including, but not limited to, those governing Customer Data and sports betting and wagering activities; (ii) Customer owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data; (iii) its access to and use of the Website complies with all applicable laws, rules, and regulations, including without limitation any laws governing sports betting, wagering, or gambling in Customer’s jurisdiction; (iv) all information, including Customer Data, that it provides to Betlabs or through the Website is accurate, current, and complete; (v) it will not use the Website for any fraudulent, deceptive, or unlawful purpose; (vi) its use of the Website will not infringe, misappropriate, or otherwise violate the rights of any third party or violate any applicable law; and (vii) Customer is of legal age to engage in sports betting activities in Customer’s jurisdiction, to the extent Customer uses information from the Website for such purposes.
9.3 DISCLAIMER OF WARRANTIES. THE WEBSITE AND ALL BETLABS IP, BETTING DATA, AI FEATURES, AND THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BETLABS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, BETLABS MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE OR BETLABS IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY PRODUCTS IS STRICTLY BETWEEN CUSTOMER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY PRODUCTS.
9.4 No Guarantee of Results; Informational Purposes Only. CUSTOMER ACKNOWLEDGES THAT THE WEBSITE PROVIDES DATA-DRIVEN ANALYTICS, HISTORICAL BETTING DATA, AND TOOLS FOR BUILDING AND TESTING CUSTOM BETTING SYSTEMS. THE WEBSITE DOES NOT GUARANTEE THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR FINANCIAL RESULT, PROFIT, OR RETURN. ALL INFORMATION, DATA, ANALYTICS, AND IDENTIFIED OPPORTUNITIES PROVIDED THROUGH THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE BETTING ADVICE, GAMBLING ADVICE, FINANCIAL ADVICE, INVESTMENT ADVICE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE OR RECOMMENDATION. BETLABS IS NOT A LICENSED BOOKMAKER, BROKER, FINANCIAL ADVISOR, OR INVESTMENT ADVISOR AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR WAGER, BET, OR FINANCIAL TRANSACTION. CUSTOMER ACKNOWLEDGES AND AGREES THAT: (A) ALL BETTING AND WAGERING DECISIONS ARE MADE SOLELY BY CUSTOMER AT CUSTOMER’S OWN RISK AND DISCRETION; (B) PAST PERFORMANCE DATA AND HISTORICAL ANALYTICS DO NOT GUARANTEE FUTURE RESULTS; (C) CUSTOMER MAY LOSE SOME OR ALL OF CUSTOMER’S BANKROLL AS A RESULT OF SPORTS BETTING OR WAGERING; (D) BETLABS SHALL HAVE NO LIABILITY FOR ANY FINANCIAL LOSSES, LOST WAGERS, OR ADVERSE OUTCOMES RESULTING FROM CUSTOMER’S USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE WEBSITE; AND (E) CUSTOMER SHOULD NOT RELY ON THE WEBSITE, BETTING DATA, AI FEATURES, OR ANY WEBSITE OUTPUTS AS A SUBSTITUTE FOR INDEPENDENT JUDGMENT OR QUALIFIED PROFESSIONAL ADVICE.
9.5 ARTIFICIAL INTELLIGENCE DISCLOSURE. The Website may include AI Features. BY USING THE WEBSITE, CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER MAY BE INTERACTING WITH ARTIFICIAL INTELLIGENCE SYSTEMS, INCLUDING CHATBOTS AND AUTOMATED RESPONSE SYSTEMS, AND NOT WITH HUMAN REPRESENTATIVES. Customer’s interactions with any AI Features (including questions, responses, timestamps, and usage data) may be stored and used to: (a) deliver and improve AI responses; (b) identify content gaps and inform future analytics; (c) analyze aggregate trends; and (d) train and improve our internal AI systems. Betlabs utilizes third-party AI service providers (such as model and API providers) to power certain AI Features. Customer’s inputs and queries may be transmitted to these providers in connection with the delivery of the Website. Betlabs works with providers that meet reasonable data protection standards. AI Features are provided for informational purposes only and may contain errors, inaccuracies, or omissions. Customer should independently verify any information obtained through AI Features before relying on it. AI Features do not constitute betting advice, financial advice, or professional advice of any kind.
10. CUSTOMER INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless Betlabs from and against any and all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) incurred by Betlabs resulting from any third-party claim (“Third-Party Claim”): (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party’s Intellectual Property Rights or violates any applicable law, rule or regulation; (ii) based on Customer’s negligence or willful misconduct; (iii) based on Customer’s use of the Website in a manner not authorized by this Agreement; (iv) based on Customer’s use of the Website in combination with data, software, hardware, equipment, or technology not provided or authorized by Betlabs; (v) arising from Customer’s breach of this Agreement; (vi) arising from Customer’s use of AI Features, Betting Data, or any identified betting opportunities, or any decisions, actions, or omissions based on or related to information provided through the Website (including any financial losses or lost wagers); (vii) arising from Customer’s violation of Section 3.4 (Use Restrictions) or any applicable law, including without limitation any laws governing sports betting, wagering, or gambling; (viii) arising from Customer’s failure to comply with applicable data protection laws in connection with Customer Data; or (ix) arising from any betting, wagering, or gambling activity undertaken by Customer based on or related to Customer’s use of the Website, provided that Customer may not settle any Third-Party Claim against Betlabs unless Betlabs consents to such settlement, and further provided that Betlabs will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
11. TERM AND TERMINATION
11.1 Term. This Agreement is effective as of the Effective Date and shall remain in effect for so long as Customer accesses or uses the Website, unless terminated in accordance with this Section 11. For Customers who have a paid subscription to the Website, the subscription term and any renewal terms shall be as set forth in the applicable Purchase Page (the “Subscription Term”). Unless otherwise specified in a Purchase Page, paid subscriptions shall automatically renew on a month-to-month basis at the then-current Fees until cancelled by Customer in accordance with this Agreement.
11.2 Termination.
11.2.1. Betlabs may terminate this Agreement or suspend Customer’s access to the Website, effective on written notice to Customer, at Betlabs’s sole discretion. Any amounts paid by Customer for a paid subscription will be refunded on a pro-rata basis.
11.2.2. Customer may cancel Customer’s paid subscription at any time through Customer’s account settings on the Website. Upon cancellation, Customer’s access to paid version of the Website shall continue through the end of the then-current billing period. Customer is not entitled to any refunds, rebates, or other return of prepaid Fees. Customer may cease use of the Free Version at any time by discontinuing access to the Website; or
11.3. Effect of Expiration or Termination. Upon termination of this Agreement: (a) all rights, licenses, consents, and authorizations granted by either Party to the other hereunder will immediately terminate; (b) Customer shall immediately discontinue use of the Website; and (c) no expiration or termination will affect Customer’s obligation to pay all Fees that may have become due before such expiration or termination, or entitle Customer to any refund (except as set forth in Section 11.2.1 above).
11.4. Survival. Sections 1, 5, 6, 7, 8, 9.3-9.5, 10, 11.3, 11.4, 12, and 13 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or termination of this Agreement.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT WILL BETLABS (OR ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, OFFICERS, OR AGENTS) BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; LOSS OF GOODWILL OR REPUTATION; USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; FAILURE TO BE ABLE TO USE THE SYSTEM, OR COST OF REPLACEMENT GOODS OR SERVICES; OR ANY FINANCIAL LOSSES, LOST WAGERS, OR ADVERSE BETTING OUTCOMES, IN EACH CASE REGARDLESS OF WHETHER BETLABS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
12.2 IN NO EVENT WILL BETLABS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO BETLABS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. GENERAL PROVISIONS
13.1. Entire Agreement; Order of Precedence. This Agreement, together with any documents incorporated herein by reference and all related Purchase Pages, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in any Purchase Pages and this Agreement, the Purchase Page shall control.
13.2. Notices. All notices, requests, and other communications under this Agreement (“Notice”) must be in writing and addressed to the Parties at the addresses in the applicable Purchase Page, or as otherwise designated by a Party in writing. All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Notice is effective upon receipt by the receiving Party.
13.3. Force Majeure. In no event shall Betlabs be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond Betlabs’ reasonable control, including but not limited to acts of God, flood, fire, earthquake, epidemic, pandemic, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, internet or telecommunications failures, passage of law or any action taken by a governmental or public authority, including imposing an embargo.
13.4. Changes and Modifications.
13.4.1. Changes to the Website. Betlabs may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Betlabs is under no obligation to update such material.
13.4.2. Changes to the Agreement. Betlabs reserves the right to modify, amend, or update this Agreement at any time. For material changes, Betlabs will provide notice via email and/or notification on the Website at least thirty (30) days before the changes become effective. For purposes of this Section, a “material change” means any modification that: (a) increases the Fees or charges payable by Customer; (b) reduces or limits the scope of services available under Customer’s subscription level; (c) materially alters Customer’s rights or obligations under this Agreement; (d) changes the dispute resolution, arbitration, or governing law provisions; (e) modifies the limitation of liability or indemnification provisions in a manner that increases Customer’s potential liability; (f) changes the data privacy or data sharing practices in a manner that materially affects Customer’s personal information; or (g) alters the intellectual property ownership or licensing terms. Customer’s continued use of the Website after the effective date of any changes constitutes Customer’s acceptance of the modified Agreement. If Customer does not agree to the modified Agreement, Customer must discontinue use of the Website and cancel Customer’s subscription prior to the effective date of such changes.
13.5. Waiver. No waiver of any provision will be effective unless in writing and signed by the waiving Party. No failure or delay in exercising any right will operate as a waiver, and no single or partial exercise of any right will preclude further exercise thereof.
13.6. Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
13.7. Governing Law; Submission to Jurisdiction. All matters relating to this Agreement or the Website, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Website that is not subject to arbitration (as set forth below) shall be instituted exclusively in the federal courts of the United States located in Philadelphia, Pennsylvania or the courts of the Commonwealth of Pennsylvania located in Montgomery County, Pennsylvania. Customer waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.
13.8. Dispute Resolution; Binding Arbitration; Class Action Waiver. EXCEPT AS EXPRESSLY PROVIDED BELOW, CUSTOMER AGREES TO RESOLVE ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN THE PARTIES IN INDIVIDUAL BINDING ARBITRATION, NO MATTER WHEN SUCH DISPUTES, CLAIMS, OR CONTROVERSIES AROSE OR ARISE. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN THE PARTIES; (ii) THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE CONCERNING THE BREACH, ENFORCEMENT, CONSTRUCTION, VALIDITY, INTERPRETATION, ENFORCEABILITY, OR ARBITRABILITY OF THIS AGREEMENT); OR (iii) THE WEBSITE. THIS PROVISION APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.
The arbitration may be conducted in person in Philadelphia, Pennsylvania, through the submission of documents, by phone, or online, and shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (https://www.adr.org), as amended by this Agreement. Customer understands that, absent this mandatory provision, Customer would have the right to sue in court and have a jury trial. Customer further understands that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
With the exception of class procedures and remedies as discussed below, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, Customer and Betlabs may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act.
Customer and Betlabs shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary hearing, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Customer and Betlabs agree that the following disputes are not subject to the above provisions concerning binding arbitration: (1) claims by Betlabs for injunctive relief; and (2) claims by Betlabs asserting its intellectual property rights.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Betlabs will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Betlabs will pay all of the actual filing and arbitrator fees for the arbitration, provided Customer’s claim does not exceed seventy-five thousand dollars ($75,000).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AGREES THAT ANY PROCEEDING REGARDING OR UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND CUSTOMER IS EXPRESSLY AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Customer has the right to opt out of both the class action waiver and binding arbitration provision set forth in this Section by sending written notice of Customer’s decision to opt out to Betlabs at 218 E Hector St Apt 4, Conshohocken, PA 19428. If Customer opts out of these provisions, Betlabs will similarly not be bound by them. If Customer does not opt out within thirty (30) calendar days of Customer’s acceptance of this Agreement, Customer will be bound by the class action waiver and binding arbitration provisions set forth herein.
13.9. Limitation on Time to File Claims; Waiver of Jury Trial. ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND BETLABS EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
13.10. Assignment. Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Betlabs. Betlabs may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement to a successor in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, upon written notice to Customer. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve Customer of any of its obligations hereunder. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
13.11. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 7 (Confidentiality) or, in the case of Customer, Section 3.4 (Use Restrictions), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.