Terms of ServiceAGREEMENT TO TERMSPRIVACY POLICYCHANGES TO THESE TERMS OR THE SERVICESDESCRIPTION OF SERVICESUSERSSERVICES ACCOUNT AND MATERIALSUSER CONTENTCOMMUNITY GUIDELINESTRIGGA APP’S INTELLECTUAL PROPERTYRIGHTS AND TERMS FOR APPSDMCA/COPYRIGHT POLICYTHIRD PARTY APPLICATIONS, WEBSITES OR RESOURCESWARRANTY DISCLAIMERSLIMITATION ON LIABILITYINDEMNIFICATIONCOMPLIANCE WITH APPLICABLE LAWSTERMINATIONGOVERNING LAW AND FORUM CHOICEBINDING ARBITRATIONCOMPLIANCE WITH APPLICABLE LAWSCHEATING, FRAUD, AND ABUSECOMPLIANCE WITH APPLICABLE LAWS

Terms of Service

TriggaApp, Inc. (“Trigga App,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our proprietary Trigga App platform (the “Platform”) designed to allow users to track and share knowledge about investments. The Platform is made available to you via our website located at www.trigga.io (the “Website”) and our mobile application (the “App”). To make these Terms of Service (the “Terms”) easier to read, the Website, the App, the Platform and the services offered by Trigga App through the Platform are collectively called the “Services”.  Please read these Terms and our Privacy Policy (the “Privacy Policy”) carefully because they govern your use of the Services.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TRIGGA APP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “BINDING ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.

AGREEMENT TO TERMS

By using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to any of these Terms, you may not access or use the Services.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

CHANGES TO THESE TERMS OR THE SERVICES

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Services, or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website and the App and/or provide you with other communications. By continuing to access or use the Services after we have posted a modification to the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

DESCRIPTION OF SERVICES

The Services allow users to share investing knowledge by posting their insights and sharing their investment transactions with the community as well as chatting in groups about their investments, including securities, commodities, futures, and certain crypto- or virtual currencies (“Virtual Currencies”). 

USERS

  • The Services are available for individuals aged 18 years or older and capable of forming a binding contract with Trigga App, and not otherwise barred from using the Services under applicable law.
  • In order to access and use the Services, you must register with us and become a member (“Member”). As a Member you will be able to: (i) create a profile; (ii) create and join trading competitions called “pools” and channels for exchanging investing ideas with other Members (“Groups”); (iii) track your simulated investments; and (iv) share your Investment information and post commentary and other content .

SERVICES ACCOUNT AND MATERIALS

  • Services Account. If you wish to register as a Member other than through a third-party login provider (e.g., Yahoo), during the registration process we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”). We may also ask you to provide additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. Trigga App will not be liable for any loss or damage caused by any unauthorized use of your account. 

USER CONTENT

  • Posting Content. Our Services allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services, including information about Investments and Transactions, is referred to as “User Content”. Trigga App does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
  • Permissions to Your User Content. By making any User Content available through the Services, you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to grant sublicenses, to use, copy, publicly display, compile, combine with other content, modify (solely to conform such User Content to the technical requirements of the Services), and publicly perform all User Content you provide to us in any media now known or hereafter devised solely in connection with providing the Services, and the right, but not the obligation, to reproduce and use any such User Content, including, without limitation, your name, image, likeness, photograph, and Sign-In Name to advertise and promote the Services and/or Trigga App. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, image, likeness, photograph, and Sign-In Name permitted by the foregoing rights and licenses may include the display of such materials adjacent to advertising and other material or content, including for profit.
  • Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Trigga App on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Laws (as defined below), or our Community Guidelines (as defined below).
  • Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
  • Confidentiality. PLEASE NOTE THAT ALL USER CONTENT THAT YOU POST OR SHARE WITH OTHER MEMBERS THROUGH THE SERVICES WILL BE SEEN AND MAY BE USED BY OTHER MEMBERS, AND TRIGGA APP CANNOT CONTROL HOW OTHER MEMBERS WILL USE SUCH USER CONTENT. THEREFORE, IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE SERVICES. TRIGGA APP IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT YOU POST ON OR THROUGH THE SERVICES.

COMMUNITY GUIDELINES

Trigga App’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Services, you hereby agree to comply with the following community rules and guidelines or those that may be posted on the Services from time to time (collectively, the “Community Guidelines”):

  • You will not use the Services for any unlawful purpose, and you will comply with all applicable laws, rules, and regulations in connection with your use of the Services including, but not limited to, the Securities Exchange Act of 1934, as amended (collectively, “Applicable Laws”);
  • You will not impersonate any person or entity, including without limitation Trigga App, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not submit false or misleading information (including, without limitation, in connection with a “pump and dump” scam or other form of stock fraud), or “Material Non-public Information” (as defined by Applicable Laws), or authorize any Transaction, that you do not intend to honor;
  • Other than making Investments for your own personal use and gain, you will not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not access or use the Services to collect any market research for a competing business;
  • You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights or confidential information of any person or entity; or
  • is threatening, tortious, defamatory, libelous, indecent, obscene, offensive, pornographic, invasive of another’s privacy, or promotes violence, discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, or promotes illegal or harmful activities or substances; or
  • is fraudulent, false, misleading or deceptive; or
  • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
  • You will not “stalk” or otherwise harass another user of the Services;
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to non-public areas of the Services, any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Services;
  • You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 
  • You will not attempt to probe, scan or test the vulnerability of any Trigga App system or network or breach any security or authentication measures; 
  • You will not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services; and
  • You will not encourage or enable any other individual to do any of the foregoing.

We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with Applicable Laws. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law .

TRIGGA APP’S INTELLECTUAL PROPERTY

Trigga App and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 

FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). If you provide us with any Feedback, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. 

RIGHTS AND TERMS FOR APPS

App License. If you comply with these Terms, Trigga App grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means. 

THIRD PARTY APPLICATIONS, WEBSITES OR RESOURCES

Third-Party Applications. If you install or enable any online, web-based applications provided by third parties that interoperate with the Services (“Third-Party Applications”) for use with the Services, you acknowledge that we may allow providers of those Third-Party Applications to access your information as required for the interoperation of such Third-Party Applications with the Services. We are not responsible for any disclosure, modification, or deletion of your information resulting from any such access by Third-Party Application providers, and any such access and use of your information shall be subject to the privacy policies of such Third-Party Application providers.

Third-Party APIs or Widgets. Certain feature of the Services may interoperate and/or integrate with third-party APIs or widgets. Such features depend on the continuing availability of such APIs or widgets. If these providers cease to make their API or widgets or program available on reasonable terms for the Services, we may cease providing such features without notice or liability.

Links. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.. 

WARRANTY DISCLAIMERS

  • THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SERVICES.
  • WE DO NOT EXECUTE ANY TRANSACTIONS. WE ONLY COMMUNICATE MEMBERS’  TRANSACTION INSTRUCTIONS TO THE RELEVANT THIRD-PARTY BROKER/EXCHANGE(S). WE DO NOT WARRANT THAT THIRD-PARTY BROKER/EXCHANGE(S) WILL RECEIVE THE INSTRUCTIONS OR EXECUTE THE TRANSACTIONS, AT ALL OR ON A TIMELY BASIS.
  • THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED THEREIN. THE SERVICES MAY CONTAIN INFORMATION ON INVESTMENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVESTMENT ON THE SERVICES DOES NOT IMPLY THAT SUCH INVESTMENT IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO PURSUE IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
  • NO INFORMATION OR CONTENT ON THE SERVICES SHALL BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY THE SECURITIES OR PRODUCTS OR SERVICES OF ANY ENTITY. INVESTMENT OFFERS CAN ONLY BE MADE WHERE LAWFUL UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAWS. THE SERVICES PROVIDE NO INVESTMENT OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL AVAILABLE THROUGH THEM IS TO BE RELIED UPON FOR THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DECISIONS. IN MAKING AN INVESTMENT DECISION, YOU MUST RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE TERMS OF THE OFFERING. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY INVESTMENT. TO THE EXTENT THAT PAST PERFORMANCE IS AVAILABLE THROUGH THE SERVICES, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
  • Please note the following disclosures associated with Virtual Currencies:
  • Virtual Currencies are not legal tender, are not backed by the government, and accounts and value balances are not subject to federal deposit insurance corporation protections.
  • Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Virtual Currencies.
  • Transactions in Virtual Currencies may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
  • Some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction.
  • The value of a Virtual Currency may be derived from the continued willingness of market participants to exchange government-issued currency for that Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear.
  • There is no assurance that a person who accepts a Virtual Currency as payment today will continue to do so in the future.
  • The volatility and unpredictability of the price of virtual currencies relative to government-issued currencies may result in significant loss over a short period of time.
  • The nature of virtual currencies may lead to an increased risk of fraud or cyber-attack.

LIMITATION ON LIABILITY

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRIGGA APP NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIGGA APP OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.;
  • TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL TRIGGA APP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TRIGGA APP FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TRIGGA APP, AS APPLICABLE. 
  • THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIGGA APP AND YOU.

INDEMNIFICATION

You will indemnify and hold Trigga App, its affiliates and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) any of your Transactions or Investments. We will provide notice to you of any such claim, dispute or demand. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, dispute or demand that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Do not invest money you are not willing to lose. All investments come with inherent risks. The Platform is not a financial advisor. Information that you find on the Platform’s website, app, email notifications, Discord notifications, WhatsApp notifications or any Trigga App/TriggaApp Inc. social channel is for educational and entertainment purposes, and should not be taken as financial, legal, or tax related advice. The Platform shall not be held liable for any losses you incur from investing. You are solely responsible for doing your own research and are solely liable for any losses you incur from investing; including but not limited to the stock market and cryptocurrency. Please consult with a licensed professional for financial advice. You should never buy, sell or hold any security/stocks/crypto trading competitions, fantasy investing or copy-trading simulations as all simulations are for entertainment and educational purposes only. 

COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. We make no claims concerning whether the Services may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

TERMINATION

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time via the Services interface. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 8(b), 8(c), 8(e), 9, 10, 11, 15, 16, 17, 19, 20, 21 and 22.

GOVERNING LAW AND FORUM CHOICE

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 21 “Binding Arbitration,” the exclusive jurisdiction for all Disputes (defined below) that you and Trigga App are not required to arbitrate will be the state and federal courts located in the State of New York, and you and Trigga App each waive any objection to jurisdiction and venue in such courts.

BINDING ARBITRATION

  • Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Trigga App agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Trigga App are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 
  • Exceptions. As limited exceptions to Section 21(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 
  • Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules (the “JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules.  JAMS provides a form Demand for Arbitration at www.jamsadr.com. 
  • Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
  • Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
  • Injunctive and Declaratory Relief. Except as provided in Section 21(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive 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. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
  • Class Action Waiver. YOU AND TRIGGA APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
  • Severability. With the exception of any of the provisions in Section 21(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

CHEATING, FRAUD, AND ABUSE

In accessing or participating in Services or using the Software, you represent and warrant to us and our developer partners that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in or displays behavior that may be interpreted, in the discretion of us and our developer partners only, as unfair methods in participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts (e.g., You may not have more than one registered account with the same personal information, such as your name, email address, phone number, mobile device, and payment method) the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in Cash Competitions), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us and our developer partners only), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Website and Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; (3) any Winnings received by you shall be subject to disgorgement and/or recoupment; and (4) you may be charged a fine of up to $1,000 for engaging in unfair methods. In addition to the foregoing, as agent for our developer partners, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we, solely, or in conjunction with our developer partners, may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our and/or our developer partners’ fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.

WINNINGS, ACCOUNT FUNDS, AND PAYMENTS

  • Fees. Fees and payments for Services that you pay to participate in Competitions (“Fees”) and billing procedures are detailed in the billing application. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.
  • Billing. We may change Fees and billing procedures by updating the billing application with or without notice to you. By providing a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Services using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error we will not be liable for any losses resulting from the error and (ii) will be required to correct the error or provide a refund. If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
  • Cash Deposits. If you play games integrated in a Competition without depositing U.S. Dollars into your Account for that Competition, then you are a “Non-Cash Player” with respect to such Competition. However, if you play in a Competition that requires an entry paid in U.S. Dollars (“Cash Competition”), then you are a “Cash Player”, and if you establish a positive Account balance for entry fees for Cash Competitions, then you must submit and maintain at all times the following current and correct information: your full name, your permanent residential address, your phone number and your credit card or other payment information. Participating in Cash Competitions may require establishing a positive Account balance. If you are a Cash Player, by submitting this information, you consent to allowing us to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy. If you make a credit card deposit, an authorization request will be submitted to the issuing bank of at least Ten U.S. Dollars (US$10.00) to your credit limit, even if the actual amount charged may be lower. When you withdraw funds from your account, you may be required to submit your social security number or other identifying information. Failure to provide your social security number or other requested identifying information at that time may result in inability to process your withdrawal for any winnings.
  • Bonus Funds. If you are a Cash Player then you may be granted bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Service. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your Account. If you do not enter a Cash Competition within a continuous 60 day time period, all Bonus Funds in your account will be forfeited.
  • Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Bonus Funds cannot be withdrawn. Processing of requested funds is made by check, Paypal, USDT, or by refund to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws. A check request processing fee of up to $2.00 for any withdrawal of less than $10.00 may be assessed.
  • Closing Accounts; Forfeiture of Funds. If you close your Account, funds in your Account will be returned. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds.
  • Account Monthly Maintenance Fee. If your Account is inactive (i.e. you have not entered at least one (1) fantasy investing competition for six (6) consecutive months or more, a maintenance fee of $2.00 per month may be charged (the “Monthly Maintenance Fee”). After five or more months of inactivity you will be notified by email that if your Account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your Account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. However, if your Account has no funds and has been inactive for twelve or more consecutive months, your Account may be closed.
  • Refund Policy. Unless otherwise required by law, no refunds are given.
  • Winnings. If you are eligible to receive Winnings, we ay require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
  • Credit Card/PayPal Use. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.

MISCELLANEOUS

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Trigga App and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Trigga App and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Trigga App’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Trigga App may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications provided by Trigga App under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights. Trigga App’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trigga App. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

CONTACT INFORMATION

If you have any questions or complaints about these Terms or the Services, please contact Trigga App at info@trigga.io. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.