Terms of Use

Last Revised: April 23, 2025.

Thank you for using DietBet, part of a family of behavior modification apps and tools that allow individuals to enter into incentivized goal-oriented games to reach their targets. DietBet and its related services are operated by Appex Group, Inc. through one or more of its subsidiaries (hereafter, "us", "we", "DietBet" or the "Company"). By registering, accessing, or using any of the Company's websites (including but not limited to www.dietbet.com), any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together, the “Site"), you (the "User") signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of DietBet. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that the Company will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. The various services offered from time to time on and through the Site may be referred to in this Agreement, collectively, as the “Service” or the “Services”.Thank you for using DietBet, part of a family of behavior modification apps and tools that allow individuals to enter into incentivized goal-oriented games to reach their targets. DietBet and its related services are operated by Appex Group, Inc. through one or more of its subsidiaries (hereafter, "us", "we", "DietBet" or the "Company"). By registering, accessing, or using any of the Company's websites (including but not limited to www.dietbet.com), any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network (together, the “Site"), you (the "User") signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of DietBet. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that the Company will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. The various services offered from time to time on and through the Site may be referred to in this Agreement, collectively, as the “Service” or the “Services”.

Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review said changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and a dispute resolution clause at Section 18 that provides for mandatory arbitration and waiver of class actions.

DietBet’s Terms of Use include DietBet’s Privacy Notice. This policy is an integral part of DietBet’s Terms of Use and is subject to all of the provisions of these Terms of Use.

1. Eligibility. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.
2. Term. These Terms of Use will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your membership at any time for any reason provided that if you are in an ongoing game you will continue to be bound by the terms of that game until that game terminates.
3. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
4. User Rights and Limitations.
   1. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.
   2. The User agrees not to use the Site or to authorize any other person to use the Site to:
      1. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
      2. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside game play, including sending unsolicited emails or other unsolicited communications;
      3. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
      4. use automated scripts to collect information from or otherwise interact with the Site;
      5. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players' written permission;
      6. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
      7. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
      8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
      9. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      10. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
      11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
      12. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      13. intimidate or harass other Users;
      14. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
      15. use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;
      16. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type;
      17. manipulate your weight in short-term ways that violate our Guidelines for Losing Weight Safely, including engaging in rapid hydration or dehydration, binging, purging, and/or weight-loss surgery;
      18. misrepresent your weight or make any other misrepresentation that affects a game;
      19. play repeatedly for the purpose of being a "professional" competitor;
      20. manipulate the game including colluding among players, wagering on a DietBet game that you are not competing in, betting on someone other than yourself, betting against a player, or otherwise manipulating the natural course of the game;
      21. play in more than the allowable number of concurrent games;
      22. Without limiting any of the foregoing, you also agree to abide by our DietBet Code of Conduct that provides further information regarding the authorized conduct of users on any DietBet site.
5. Proprietary Rights in Site Content; Limited License.
   
   1. Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the property of the Company and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DietBet's prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.
   2. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
6. User Content Posted on the Site.
   
   1. User Responsibility. You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason, or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Company Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, unpleasant, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
   2. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, research or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, except that the Company shall retain such license to the extent that the Company has incorporated such content onto its content sites or in its advertising or promotional materials, and shall have the right to retain archived copies of such content.
   3. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Intellectual Property.
   
   1. Trademarks. DietBet and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, registered trademarks, service marks, registered service marks, or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
   2. Copyright Protection.
      1. You may not Post, distribute or reproduce any copyrighted material, trademarks, or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner. If you believe that your work has been copied and Posted on the Website without your permission or in any other way that constitutes copyright infringement, please review and follow the procedures set forth in our Copyright Policy.
      2. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement or infringement of the Company's intellectual property rights specifically.
8. Third Party Websites and Content.
   
   1. The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
   2. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied.
9. Disputes between Users. You are solely responsible for your interactions with other DietBet users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.
10. Fees. DietBet’s game fees, including payment and refund requirements, are set forth in the various game rules and FAQ's. These fees may be changed from time to time. Fees include direct fees as well as a percentage of the payouts.
11. Disclaimers.
    
    1. Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.
    2. Availability and Data Integrity. The Site may be temporarily down from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications including but not limited to User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to User's or toany other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the worldwide web and/or in connection with the Site. Under no circumstances shall the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death or to losses of game-play bets, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through the Site or transmitted to Users, or any interactions between users of the Site, whether online or offline.
    3. Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.
    4. Health Disclaimer. DietBet is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by the Company and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that the Company has no knowledge of any User's health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User. User shall satisfy himself or herself, including consulting with a physician, before participating in any Company game. DietBet may from time to time provide advice and comments as to weight loss and other health and wellness issues on the Site or through e-mails and other media, including text, graphics, and images. This content is for informational and entertainment purposes only and is not intended to be a substitute for professional review of your particular situation. The Company does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its Site.
    5. Results. We believe our games, when played properly, will help most people to reach their goal including weight loss or maintenance and optimization of running or walking. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software, or Content. In no case shall the Company be responsible to you for losing money should you wager on any games offered on or through the Site. You acknowledge that betting is inherently risky.
    6. Not a game of chance. DietBet games are not games of chance. The intent of the program is to reward participants only for actions over which they have control or influence. The use of this program to reward participants for actions over which they have no control or influence is strictly prohibited.
    7. Organizers. DietBet games may be organized by an individual not associated with the Company. These games may be private or open to the public. Game organizers have the right to eject players of the games which they organize at their own discretion. Any disputes you have with game organizers should be resolved directly with the organizer. The Company will not mediate such disputes or take any responsibility for the actions or inactions of game organizers.
    8. Hosts. DietBet games may be hosted by individuals who may or may not be associated with the Company. DietBet is not responsible for any advice or tips such hosts may offer in their games. If hosts offer specific prizes in their games, they are responsible for delivering those prizes directly to players in the game. The Company is under no obligation to fulfill prizes or incentives offered by game hosts, regardless of whether or not they are associated with the Company.
    9. Disqualifications and Ejections. You may be disqualified for a variety of reasons by your game's organizer or host, including violating DietBet’s rules, Terms of Use, or for displaying bad sportsmanship in the judgment of the game’s organizer or host. If you are disqualified or ejected for any reason, you will not receive a refund. You further acknowledge that your game's organizer or host has the absolute and unappealable right to eject anyone in the game. If you are not comfortable giving the organizer or host this power, do not play.
    10. Excessive Weight Loss. You will be automatically disqualified from DietBet games for excessive weight loss. We do this to discourage players from losing what could be an unhealthy amount of weight, and to prevent players from winning by dint of rapid weight-loss procedures such as bariatric surgeries and liposuction. See individual game rules for disqualification thresholds. If you are disqualified for Excessive Weight Loss, you will not be entitled to a refund.
12. DietBet Points.
    1. DietBet Point awards. Game winnings, as determined by DietBet game rules, shall be awarded to players in DietBet Points; such points are further referred to herein as “Points”. The amount of Points awarded shall be automatically deposited into players' accounts.
    2. Unexpired Points may be redeemed in whole or in part in cash at any time on the basis of an exchange rate set by the Company, currently USD $1.00 for each Point but which may change from time to time at the Company’s sole discretion, and may also be applied, optionally or exclusively, for participation in new games or for any other purposes permitted from time to time by the Company, including purchases of products and services offered by the Company and its partners. The exchange rate when applied to the purchases of products and services may change over time and become higher or lower than USD $1.00 per Point.
       
       In an effort to prevent fraud, the Company leverages security features from its payment processing partners, such as PayPal. As a condition of cash redemption of Points, players must use a PayPal or other Company approved paymentprocessor account in the same name as their DietBet account. Each DietBet player must have their own approved payment processor account, in their name, in order to receive a cash redemption of Points. The Company will try to work with payment processors, such as Paypal, who allow you to set up a personal account for free. Players must submit to the Company a legible copy of a valid government-issued identification in the name that matches the name on both their DietBet and approved payment processor accounts. The Company will solely utilize this identification information for verification purposes and will not store it any longer than is necessary for this purpose.
       
       If a player is in a region where no Company approved payment processing service is available, the Company will issue redemptions via bank wire or other alternative means, at its discretion, for a wiring handling fee (currently, USD $30). Players in countries not supported by an approved payment processor should submit to DietBet a legible copy of a valid government-issued identification in their name which matches the name on their DietBet account and on the bank account to which they wish to receive the bank wire.
       
       There is no minimum limit to redemptions; however, for redemptions under USD $50, the Company will add a handling fee (currently, USD $5) to offset the transactional costs associated with small payouts. We encourage (but do not require) players to accumulate their winnings and enjoy free redemptions once they exceed USD $50.
       
       The Company reserves the right to change or waive payout handling fees and processes for certain members and other users, at its sole discretion.
    3. Expiration of Points. Points in a player’s account shall remain in force for a period of one year from the date of the last activity that changes the number of Points in a player’s account.
    4. General. Points are the property of the Company and not of the players. They cannot be sold or transferred to any other person or entity, including to other players, and cannot be transferred by operation of law, such as by bankruptcy, inheritance, or divorce. Any such purported transfers shall be null and void. Players shall have no vested rights in Points. They shall have no value except as provided in these rules, and shall under no circumstances have any value after their expiration. The Company is not responsible for and will have no liability arising from products and services offered by companies participating in any Points program now or in the future developed, maintained or operated by the Company. DietBet may, in its sole discretion, change the Points program rules, awards and special offers, or terminate its Points program, at any time with or without notice to Points holders.
13. Reservation of Rights. The Company reserves the right, solely in its discretion, to change any and all content, software, and other items used or contained in the Site atany time without notice; modify and/or discontinue the Site at any time without notice; and terminate your username, password and account, should you be in violation of these Terms of Use.
14. Disclaimer of Representations, Etc. THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
15. Limitation on Liability.
    1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARENT OR SUBSIDARIES, AFFILIATES, CONTRACTORS, PARTNERS OR REPRESENTATIVES (COLLECTIVELY, THE AFOREMENTIONED MAY BE REFERRED TO AS THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ANY OF THE COMPANY PARTIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF ANY OF THE COMPANY PARTIES TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ACCESS AND USE OF THE SITE DURING THE TERM OF THIS AGREEMENT AND SHALL IN NO CASE EXCEED USD $1,000. THE COMPANY PARTIES SHALL BEAR NO LIABILITY FOR ANY AMOUNTS LOST THROUGH A BET MADE ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY OF THE COMPANY PARTIES, REGARDLESS OF THE CAUSE OF ACTION.
16. Indemnity. You agree to defend, indemnify and hold the Company Parties harmless from and against any loss, liability, claim, demand, damages, cost or expense, including reasonable attorneys’ fees, arising out of or in connection with any User Content, Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation by you of this Agreement or of any law or the rights of any third party in the course of your access or use of the Site.
17. Communications from DietBet. By playing a DietBet game you acknowledge that during the game you will automatically receive certain messages related to the game. We set your account default to opt-in for these game-related messages because we believe they are fundamental to the experience of playing. You may control your notifications preferences from our Site and opt-out or (or opt back into) this messaging at any time. Please see our Privacy Policy for how we protect the private data that you entrust to us.
18. Mandatory Arbitration and Waiver of Class Actions.
    
    PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES FOR THE USE OF BINDING ARBITRATION TO RESOLVE CERTAIN DISPUTES BETWEEN YOU AND US, AND PROVIDES FOR A WAIVER OF CLASS ACTIONS.​
    
    The U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. You and the Company each waive the right to a trial by jury and to participate in any class action, whether in a court or in arbitration, with respect to any claim or dispute covered by this provision. Except as specifically provided below, all disputes, controversies or differences which may arise between the parties hereto out of or in relation to or in connection with this Agreement or the Site shall be finally settled by binding arbitration in Boston, MA in accordance with the consumer procedures and rules of the American Arbitration Association and shall not involve any class action in a court or in arbitration. You are advised to consult with an attorney in deciding whether to accept these Terms of Use with their obligation to arbitrate and their waiver of class actions and of trial by jury before you use the Site or play and games offered in or through the Site.​
    
    This agreement to arbitrate shall not apply, at the option of the Company, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), and the Company may seek injunctive relief in court to prevent unauthorized use of such rights and shall not be required to arbitrate such dispute.
19. Miscellaneous.
    
    1. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the Commonwealth of Massachusetts, as applied to agreements entered into and wholly performed within the Commonwealth of Massachusetts, shall govern these Terms of Use and any dispute between you and any of theCompany Parties. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Boston, MA, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Boston, Massachusetts, USA.
    2. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the letter(s) capitalized will have the meaning attributed to them in this Agreement.
    3. No Agency, Etc. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other member or user of the Site, as a result of your playing a game on or otherwise using the Site.
    4. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the following provisions of these Terms of Use shall survive any such termination: the introductory provisions; all provisions relating to rights and limitations on rights (except that all rights of users shall terminate on the termination of this Agreement); all disclaimer, limitation on liability, and indemnity provisions; and Sections 18 and 19 of this Agreement.
    5. Prohibited Use. The use of the Site where prohibited by law is not permitted; any use in such jurisdiction is strictly prohibited and any awards won or amounts lost from users or players of any games from the Site in such jurisdiction need not be honored by the Company.
    6. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site. This Agreement may not be changed orally.
    7. Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision of this Agreement.

Membership Provisions

REGISTRATION. To be a member and fully use the DietBet Membership Service, please register by providing a password, valid email address and valid credit card information. Please keep this information up-to-date by promptly notifying DietBet in the event any of this information changes.

MEMBERSHIP PAYMENTS

Auto billing; Subscription Fees; Free Trial Terms. The DietBet Membership Service is a paid, auto-renewing subscription service. If you purchase a subscription by accepting our Free Trial offer, you are agreeing to automatic, recurring billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and periodic billing of your account (which is currently every month), will continue indefinitely until cancelled by you.

Your Membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your 30-day Free Trial, you will begin to be billed automatically each month (about every 30 days) until you cancel. Once we begin to bill you, cancellations take effect as of the end of your current billing period; there are no partial month refunds or credits. If you cancel your Free Trial membership at any time in the first thirty days (i.e., during the Free Trial period), you will not be charged.

At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period.

The relevant terms and conditions of an offer will be disclosed on the payment screen at the time you sign-up for a particular offer, prior to our acceptance of your payment.

In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial period).

The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed-up for an offer.

Players winning games will be awarded redeemable Reward Points in accordance with DietBet’s Terms of Use.

Quarterly and Annual Subscriptions

Periodically, we may offer Subscriptions for a longer term (for example, 3 months, 6 months or a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. You can always cancel before your next renewal term by logging into your account, and following the cancellation instructions below ("How to Cancel"). Cancellations will generally take effect as of the end of your then current billing period (no partial month refunds or credits); cancellations made through the Apple App Store or the Google Play Store will be handled under and controlled by the respective policies of Apple and Google.

Charge Authorization

Signing-up for our Service and provide a payment method constitutes your express consent and authorization for the Company and its designated payment processor to automatically charge you for the Service periodically as set forth in the payment agreement for which you sign-up.

The Company shall not be responsible for any overdraft, chargeback or other fee from your bank or financial institution, arising from the Company’s periodic charge in accordance with the terms and conditions of this Agreement, the terms of any additional offer you accepted for Services, and the payment method you provided to the Company for Services.

HOW TO CANCEL

If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, email support@dietbet.com with your account email and notice of cancellation.

EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SERVICES, YOU WILL BE RESPONSIBLE TO PAY ANY SUBSCRIPTION FEE FOR WHICH YOU SIGNED-UP, UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE VALIDLY TERMINATED AS INSTRUCTED IN THIS AGREEMENT.

Changes to membership program

DietBet may change, modify, add, remove, suspend, cancel or discontinue any aspect of its membership program and subscriptions including the functionality, content, and/or availability of any features of its membership program and the Services at any time, in DietBet's sole discretion.

DietBet may increase its fees for all or any portion of the Services effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you do not cancel your subscription, you will be deemed to have accepted the new fees.