Terms of Service

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

These Terms of Service ("Terms") govern your access to and use of Promoflipper, a subscription analytics service operated by Promoflipper LLC ("Promoflipper", "we", "us", "our"). By creating an account or using the service you agree to these Terms.

Section 19 requires most disputes to be resolved by individual arbitration and waives your right to participate in a class action. You may opt out of Section 19 within 30 days. Please read it.

1. The service

Promoflipper is a subscription software-as-a-service tool that analyzes sports-betting odds and identifies cross-book hedging strategies for promotional offers ("promos") issued by sportsbooks. We do not accept wagers, hold customer funds for wagering purposes, pay out winnings, or take any percentage of customer betting outcomes. All bets are placed by you, at your own sportsbook accounts, at your sole discretion.

The service is informational only. It does not provide financial, investment, tax, legal, or betting advice, and nothing it displays is a recommendation that you place any particular wager. Outputs are the result of arithmetic applied to third-party price data. You are solely responsible for deciding whether to place any bet.

2. Sportsbooks we cover

The service analyzes prices from sportsbooks that are licensed and regulated by US state gaming regulators. We do not cover sportsbooks that operate outside US state licensing regimes.

Which books are available to you depends on where you are. Sportsbook licensing is state by state, and a book covered for one user may not be available to another. You can choose which books the service considers, and you may exclude any book at any time in your account settings.

Inclusion of a sportsbook in the service is not an endorsement of that sportsbook and is not a representation that placing any particular bet is lawful for you. Determining whether your own betting activity is lawful where you are is your responsibility.

3. Eligibility

You represent and warrant that:

• You are at least 21 years old.
• You are physically located in a jurisdiction where your use of this service, and your own betting activity, are lawful for you.
• You are responsible for complying with all applicable laws and regulations, and with the terms of service of any sportsbook you hold an account with.

We may use the approximate location derived from your IP address to limit or refuse access to the service in jurisdictions where we choose not to operate. We do not otherwise verify your age or your location, and we rely on the representations above.

4. Accounts, free access, and subscriptions

Free accounts. You may create an account at no cost and without a payment method. A free account lets you record the sportsbooks you use and the promos you hold, track expiry, and see the calculated profit the service estimates is currently available from them, based on prices reported at the time of calculation. The specific bets that produce that figure — the markets, books, prices, and stakes — require a paid subscription. We may change what is included at the free tier at any time.

Subscription plans. Paid access is offered on several billing cadences:

• Monthly — $19.99, billed every month.
• Three-month — $53.97, billed every three months.
• Six-month — $101.94, billed every six months.
• Annual — $179.88, billed once a year.

Automatic renewal — please read

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL.

New accounts receive a 7-day free trial. You provide a payment method when the trial starts. If you do not cancel before the trial ends, we will automatically charge that payment method for the plan you selected, at the price and billing frequency shown at checkout.

At the end of each billing term we will automatically charge the same payment method again for another term at the then-current price, and we will keep doing so until you cancel.

You may cancel at any time, online, from the billing page in your account. Cancelling stops the next charge.

If you previously used a trial on the same account, a new subscription begins immediately and the first charge is taken at checkout with no trial period. The checkout page states this before you pay.

What we send you. When you subscribe, we email you an acknowledgment containing the renewal terms and how to cancel, in a form you can keep. For the annual plan, we email you a reminder before each renewal charge.

Cancelling. You may cancel at any time from the billing page in your account, which opens our payment processor's self-service portal. No call and no email is required. Cancellation stops the next renewal. You keep access through the end of the term you have already paid for.

Deleting your account also cancels your subscription. If you delete your account, your subscription is cancelled at the same time so you are not charged again. You do not receive a refund for the remainder of the term you have already paid for, and deletion cannot be undone.

Refunds. Refund terms are set out in our Refund Policy, which forms part of these Terms.

Price changes. We may change subscription prices. We will give you at least 30 days' notice by email before a changed price applies to your renewal, and you may cancel before it takes effect.

Changes to paid features. We may change the service. If we materially reduce the features included in your paid plan, we will tell you by email, and you may cancel and receive a pro-rata refund of the unused portion of your current term.

5. Acceptable use

You agree not to:

• Resell, sublicense, or redistribute the service or its outputs.
• Use the service in violation of any applicable law or regulation.
• Scrape, harvest, or otherwise extract the underlying odds data for any purpose other than personal use of the service.
• Attempt to interfere with, compromise, or reverse-engineer the service or its infrastructure.

Sportsbook terms are between you and the sportsbook. Each sportsbook sets its own rules about promotional offers, hedging, and account conduct, and those rules may prohibit activity the service helps you identify. Reading and complying with the terms of any sportsbook where you hold an account is your responsibility alone. Promoflipper does not direct you to breach any sportsbook's terms, does not monitor them, and is not a party to them. A sportsbook may limit, restrict, suspend, or close your account, or void a bet, for any reason its own terms permit, and we have no responsibility for that outcome.

6. Intellectual property

6.1 Our property. The service, including its software, interfaces, models, calculations, compiled data sets, and all related intellectual property, is owned by Promoflipper LLC and its licensors. Subject to these Terms and your payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the service for your own personal, non-commercial use. All rights not expressly granted are reserved. You receive no ownership interest in anything.

6.2 Your content. You keep ownership of the information you enter into the service, including your sportsbook list, promotional-offer records, and notes ("Your Content"). You grant Promoflipper a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Your Content solely to operate and improve the service and as described in our Privacy Policy. This license ends when you delete Your Content, except for copies retained in routine backups and for records we are required to keep.

6.3 Feedback. If you send us suggestions or feedback, you assign them to us and we may use them for any purpose without obligation or compensation to you.

7. No guarantees

Promoflipper's calculations are based on prices reported by our third-party data provider and on published mathematical models. We make no guarantee that any displayed price will still be available when you attempt to place a bet, that any sportsbook will accept your bet or honor a promo, that a market will not be voided or settled differently than expected, or that any particular outcome will occur. Prices move; a calculation that shows a profit at the moment it is displayed may not do so minutes later. You assume all risk of every bet you place.

8. Promotional offers and expiry

Promos are issued by sportsbooks on terms the sportsbook sets and may change. The service records promo details that you enter, including expiry dates, and may display reminders about them. We are not responsible for any promo that expires unused, for reminders that are not delivered, delayed, or missed, for promos voided or withdrawn by a sportsbook, or for any promo that proves ineligible for the use you intended. Tracking your own promos and their terms remains your responsibility.

9. Sportsbook relationships

Promoflipper has no affiliate, revenue-share, or other commercial relationship with any sportsbook. Your account at any sportsbook is governed by that sportsbook's terms of service, and that sportsbook may at its discretion limit, restrict, suspend, or close your account, or refuse or void a bet, based on its own policies. We are not responsible for any sportsbook's action against your account or funds.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROMOFLIPPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ODDS, PRICE, OR PROMOTIONAL-OFFER INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT AT THE MOMENT YOU ACT ON IT.

11. Limitation of liability

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS WHAT YOU CAN RECOVER FROM US.

11.1 YOU AGREE THAT PROMOFLIPPER IS NOT LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE THAT IS BASED ON PROMOFLIPPER'S NEGLIGENCE OR FAULT, INCLUDING NEGLIGENT ACTS OR OMISSIONS IN CALCULATING, DISPLAYING, OR TRANSMITTING ODDS, PRICES, HEDGES, STAKES, OR PROMOTIONAL-OFFER INFORMATION. YOU KNOWINGLY AND VOLUNTARILY ASSUME THAT RISK.

11.2 WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST BETS, LOST OR EXPIRED PROMOTIONAL OFFERS, BETTING LOSSES, OR AMOUNTS FORFEITED OR WITHHELD BY ANY SPORTSBOOK.

11.3 OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED DOLLARS ($100).

11.4 Exceptions. Nothing in this Section 11 limits or excludes liability for fraud, fraudulent misrepresentation, intentional misconduct, or gross negligence, or for any liability that applicable law does not permit to be limited or excluded. If any part of this Section is held unenforceable, the remainder continues to apply to the fullest extent permitted.

12. Your indemnity

You agree to defend, indemnify, and hold harmless Promoflipper LLC and its members, officers, and employees from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the service; (b) any bet, wager, or transaction you place or attempt to place at any sportsbook; (c) your breach of these Terms or of any sportsbook's terms; (d) your violation of any law or regulation, including any gaming or gambling law applicable to you; or (e) any misrepresentation you make under Section 3. We will notify you of any claim for which we seek indemnity, and you may not settle any claim in a way that imposes an obligation on us without our written consent.

13. Suspension and termination

We may suspend or terminate your access at any time for any violation of these Terms. You may terminate your account at any time from your account settings.

Effect on fees. If we terminate your account because you breached these Terms, we may retain amounts you have already paid for the current term and you are not entitled to a refund. If we terminate or discontinue your access for any other reason, or discontinue the service generally, we will refund the unused portion of the current term on a pro-rata basis. This paragraph controls over the Refund Policy where the two differ.

Survival. Sections 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 19 survive termination of these Terms and deletion of your account, along with any payment obligation you incurred before termination.

14. Third-party services and data

The service depends on third parties, including our odds-data provider, authentication provider, hosting providers, and payment processor. We do not control them. We are not responsible for a third party's failure, outage, error, or change to its own service, and we may change providers at any time. Odds and price information originates with our data provider and is provided to you subject to that provider's own terms and limitations.

15. Force majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, failures of the internet or of telecommunications networks, and failures of third-party providers. This does not excuse your obligation to pay fees already incurred.

16. Notices

We give you notice by email to the address on your account, or by a notice displayed in the application. Notice by email is effective when sent. Keeping your email address current is your responsibility.

You give us notice at legal@promoflipper.com, or by mail to:

Promoflipper LLC 2320 Michigan Ave St. Louis, MO 63104

Notices under Section 19 (dispute resolution and opt-out) must go to legal@promoflipper.com or to that mailing address; notices sent to any other address are not effective under Section 19.

17. General

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force. Section 19.12 governs severability within Section 19.

Entire agreement. These Terms, together with the Refund Policy, are the entire agreement between you and us regarding the service and supersede any prior understanding. Our Privacy Policy describes how we handle your information; it is a disclosure and is not part of this agreement.

Assignment. You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

18. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email or in-app notice, and will update the version identifier and the "last updated" date above. Continued use after notice constitutes acceptance.

Arbitration is excluded from this Section. Section 19 (Governing law and dispute resolution) may not be amended by the process described in this Section. Promoflipper may propose changes to Section 19 only by giving you at least thirty (30) days' advance notice by email, and any change takes effect only for disputes arising after the notice period ends. No change to Section 19 applies to any dispute of which either party gave notice before the change took effect, and no change to Section 19 applies retroactively to any accrued claim. If you do not agree to a proposed change to Section 19, you may reject it by notice to legal@promoflipper.com within thirty (30) days, and the prior version of Section 19 will continue to govern your account.

19. Governing law and dispute resolution

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

19.1 Governing law. These Terms and any dispute arising out of or relating to them or the service are governed by the laws of the State of Missouri, without regard to its conflict-of-laws principles. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of Section 19.3. You and Promoflipper acknowledge that Promoflipper provides the service over the internet to subscribers located throughout the United States, that payment is processed through interstate payment networks, and that this agreement evidences a transaction involving interstate commerce.

19.2 Informal resolution first. Before starting an arbitration or a lawsuit, you agree to first send us a written Notice of Dispute at legal@promoflipper.com, or by mail to the address in Section 16, describing the nature of the claim, the specific relief sought, and the email address associated with your account. We will send any Notice of Dispute to the email address on your account. Both parties agree to attempt in good faith to resolve the dispute informally for thirty (30) days after the Notice is received. This period is a condition precedent to commencing arbitration, and the applicable statute of limitations is tolled while it runs. Either party may request an individualized telephone or video settlement conference during this period, and both parties will participate in good faith.

19.3 Agreement to arbitrate. If the dispute is not resolved under Section 19.2, you and Promoflipper agree that any dispute, claim, or controversy arising out of or relating to these Terms, the service, or the relationship between us will be resolved by binding individual arbitration rather than in court, except as provided in Section 19.5. You and Promoflipper are giving up the right to a trial by jury.

19.4 Who decides disputes about this Section. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, or scope of this Section 19, including whether a particular claim must be arbitrated. Two questions are excluded from that authority and are for a court alone: (i) whether the class-action waiver in Section 19.9 is enforceable, and (ii) whether a claim falls within the exceptions in Section 19.5. Questions about whether a valid agreement to arbitrate was formed are also for a court. This Section 19.4 is intended to be a clear and unmistakable delegation as to the matters it covers, and its exclusions are stated here so that no other provision of these Terms limits it.

19.5 Exceptions. This Section 19 does not apply to, and either party may bring in court:

• any individual claim that qualifies for small-claims court in a court of competent jurisdiction, so long as it remains an individual claim in that forum;
• any claim seeking injunctive or other equitable relief for actual or threatened infringement or misappropriation of intellectual property; and
• any claim that applicable law does not permit to be arbitrated.

19.6 Administrator and rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, as modified by this Section 19. The AAA's rules are available at www.adr.org. If the AAA is unavailable or declines to administer the arbitration consistent with this Section, the parties will agree on an alternative administrator, or a court of competent jurisdiction will appoint one.

19.7 Location and format. The arbitration will be conducted by a single arbitrator. Unless you and Promoflipper agree otherwise:

• a claim of $25,000 or less will be resolved on the basis of written submissions and documents only, with no in-person hearing, unless the arbitrator determines a hearing is necessary; and
• if a hearing is held, it will take place by telephone or videoconference, or — at your election — in the county where you reside or in a mutually agreed location.

You will never be required to travel to Missouri to pursue a claim.

19.8 Fees. Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules, which cap the consumer's share. Promoflipper will pay the portion of those fees allocated to it under those rules. If the arbitrator finds your claim was frivolous or brought for an improper purpose, fees may be reallocated as the AAA rules permit. Each party otherwise bears its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.

19.9 Individual claims only — class action waiver. You and Promoflipper agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

19.10 Coordinated filings. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Promoflipper by or with the assistance of the same law firm or coordinated group of firms within a ninety (90) day period, the parties agree that the demands will be administered in sequential batches of no more than fifty (50) at a time, with a single arbitrator appointed for each batch and the applicable statute of limitations tolled for all demands not yet in an active batch. Either party may request that the AAA administer the batches under any applicable multiple-consumer-case supplementary rules.

Batching under this Section is an administrative sequencing mechanism only. It does not consolidate any claims, does not create any class, collective, or representative proceeding, and does not authorize the arbitrator to award relief to anyone other than the individual claimant in each demand. Each demand is decided individually on its own record. Nothing in this Section limits Section 19.9.

19.11 Your right to opt out. You may opt out of this Section 19 by sending written notice to legal@promoflipper.com, or by mail to the address in Section 16, within thirty (30) days of the date you first accept these Terms. For this purpose, the date you first accept these Terms is the date of the acceptance we record for your account. The notice must include your name and the email address associated with your account and state that you are opting out of the arbitration agreement. Opting out will not affect any other part of these Terms, and it will not affect your account, your subscription, or your access to the service in any way.

19.12 Severability. If any part of this Section 19 other than Section 19.9 is found unenforceable, that part will be severed and the remainder will continue to apply. If Section 19.9 (the class action waiver) is found unenforceable as to any claim or request for relief, then this entire Section 19 is void as to that claim or request for relief, which will instead be resolved in the courts identified in Section 19.13. Under no circumstances do the parties agree to class, collective, or representative arbitration.

19.13 Forum for non-arbitrable claims. For any dispute not subject to arbitration under this Section 19, you and Promoflipper consent to the exclusive jurisdiction and venue of the state and federal courts located in Missouri, and waive any objection to those courts as an inconvenient forum. This does not limit the small-claims exception in Section 19.5.

19.14 Survival. This Section 19 survives termination of these Terms and cancellation or deletion of your account.

20. Contact

Questions about these Terms can be sent to info@promoflipper.com. Legal notices, dispute notices, and arbitration opt-outs must go to legal@promoflipper.com — see Section 16.