IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF WAGEDWAR

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING WAGEDWAR, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

While some additional definitions are provided throughout these Terms, the following defined terms are used consistently. When we say “Waged War,” “we,” “us,” “our,” and/or “Company,” we mean Real Technologies Inc. d/b/a Waged War, a WY corporation, collectively with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors. When we say “Site,” we mean WagedWar.com and any content, functionality, or services offered on or through that website. When we say “App,” we mean the Waged War mobile application. When we say “Services,” we mean the daily fantasy sports games, contests, features, and other offerings made available through the Site or App, including any future enhancements. When we say “User(s)” or “you,” we mean the person accessing or using the Services and agreeing to these Terms.

USER AGREEMENT

WagedWar owns and operates the Website that links to these Terms of Use. We are pleased to offer you access to our Website and the ability to participate in our fantasy sports contests of skill, other content, products, services, and promotions (collectively the “Services”) that we may provide from our Website, subject to these Terms of Use (the “Terms of Use”, or “Terms”), our privacy policy (the “Privacy Policy”) and the Official Rules and Regulations for the applicable contests and promotions (the “Rules” or “Rules and Scoring,” and together with the Terms of Use and the Privacy Policy, the “Agreements”).

CONSIDERATION

You agree to these Terms of Use by accessing or using the Website, registering for Services offered on the Website, or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE. These Terms of Use constitute a legal agreement between you and WagedWar, and shall apply to your use of the Website and the Services even after termination.

ELIGIBILITY

You must be at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Arizona Iowa, Louisiana or Massachusetts. It is a criminal offense to allow any individual that does not meet the age requirements in their local jurisdiction or territory to participate in contests. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Hawaii, Idaho, Montana, Nevada, Oregon and Washington and any parish in Louisiana where a majority of the qualified electors in the parish voted against the proposition to authorize fantasy sports contests (together the “Excluded Regions”) are eligible to open an account and participate in contests offered by the Website. You agree to abide by all applicable laws in the jurisdiction where you are located while using the Website. Legal residents of the Excluded Regions are eligible to open and maintain accounts on the Website for use only in games that do not offer prizes. However, legal residents of Idaho who are physically located outside of the Excluded Regions are eligible to deposit funds, enter contests and earn prizes offered by the Website.

You may establish only one account per person to participate in the Services offered on the Website. In the event WagedWar discovers that you have opened more than one account per person, in addition to any other rights that WagedWar may have, WagedWar reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. You are responsible for ensuring you use strong and secure passwords, and you may be required to change your passwords from time to time. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

If any deposit is charged back any winnings generated from WagedWar contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. WagedWar reserves the right to close your account – without notice – shall a deposit be charged back.

WagedWar employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: WagedWar-sponsored Private Contest, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not listed in the website public domain, and is hosted by another Employee, relative, or friend of the Employee or Immediate Family Member participating. Employees and relatives living in the same household as such employees located in Colorado, are prevented from competing in any fantasy contests offered by any fantasy contest operator in which the operator offers a cash prize.

Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their immediate family members, are not eligible to participate in, and are strictly prohibited from entering, any WagedWar contests in the sport in which they are associated.

CONTEST ENTRY

Users will be able to visit the Website and view the games available for entry (the “Contests”). The entry fee for each Contest is displayed in the Lobby of the Website and on the respective Contest page, and each individual Contest that is not free to enter has an entry fee listed in US dollars. The minimum entry fee for Contests that are not free to play is one cent ($0.01). When you select to participate in a Contest and complete the entry process, the listed amount of US dollars will be debited from your WagedWar account. The maximum number entries an Authorized Account Holder may submit for a particular Contest is listed in the “Contest Details” tab of each Contest. WagedWar.com retains the right to cancel any contest entry, prior to the bout start time or after event completion if there is violation of our policies, such as fraud.

FAIR PLAY REVIEW & ACCOUNT TIERING

To maintain fairness and integrity on WagedWar.com, all user activity is subject to review for statistically improbable outcomes or behavior that may indicate an unfair advantage. We reserve the right to flag, limit, or restrict accounts that exhibit patterns inconsistent with casual, individual gameplay.

1. Abnormal Play Review

If a user achieves outcomes that exceed the 98.5th percentile of expected statistical results (i.e., with an implied probability of 1.5% or lower, such as hitting 5+ consecutive 2-leg parlays or 8+ correct picks in a row with long odds), WagedWar.com may, at its sole discretion, temporarily withhold winnings for up to 48 hours to review gameplay integrity, ensure fair play, and verify account compliance with our Terms of Service. WagedWar.com may, at its sole discretion:

  • Delay payouts for up to 7 business days for internal audit
  • Request documentation regarding pick methodology or account access
  • Void entries proven to result from prohibited tools (e.g., bots, scraping, or AI models using proprietary data)

2. Fair Play Tiering

WagedWar.com may apply differentiated entry limits, promotional eligibility, or access restrictions based on a user’s performance, profit rate, or pick accuracy. These measures are designed to preserve a competitive and enjoyable environment for all participants.

Users whose activity indicates a professional-level advantage or systematic edge may be subject to:

  • Reduced maximum entry amounts
  • Ineligibility for bonus funds, boosts, or promotions
  • Manual review prior to contest entry or payout

3. Use of Unauthorized Tools

The use of bots, automated scripts, AI-generated picks, third-party optimization tools, or any system that circumvents fair manual play is strictly prohibited. WagedWar.com monitors behavioral and technical patterns to detect such activity.

Accounts found to be using or benefiting from unauthorized tools may have entries voided, funds withheld, and access restricted or terminated.

WagedWar.com reserves the right to take necessary action to preserve platform fairness and may do so at its sole discretion, based on available evidence and internal thresholds.

ENTRY LIMIT ENFORCEMENT AND DUPLICATE SELECTIONS

To ensure fair play and maintain the integrity of our contests, WagedWar.com strictly enforces entry limits for all contest formats. Users are prohibited from attempting to circumvent these limits by submitting multiple entries that contain identical or substantially similar athlete and stat selections across different orders. Any attempt to bypass entry restrictions by entering the same athlete and stat combination in multiple entries—whether through separate orders, multiple accounts, or other means—will be considered a violation of these Terms of Use. WagedWar.com reserves the right to void, reject, or disqualify any such entries at its sole discretion, and may take additional actions including account suspension or permanent ban if abuse is suspected. Any provided promotions will be voided. By participating in contests on WagedWar.com, you agree to abide by these rules and acknowledge that any efforts to skirt entry limitations may result in forfeiture of winnings and/or account privileges.

HEAD-TO-HEAD PLAY

Head-to-Head (H2H) is a play type where you play against one or more other players. You have the option to choose an opponent or share your provided link with a friend or family. If no match is found, in certain jurisdictions and situations we may allow the order to stand as a standard pick’em play. Promo balances are not valid entries on H2H. Payouts over $250 and H2H only states (AK, FL, IL, KS, NH, WV, WY, KY) are automatically H2H entries. H2H entries will display an active H2H button at the top left and display a H2H payout for clarity.

CANCELLATIONS OF ENTRY

If your order has been cancelled or refunded and it wasn’t by you, there is a few possible reasons for this. If the event has started and there was a system error that allowed you to checkout after the start-time. If there is errors in the stats selected on the board. Besides this, Waged War reservers the right to cancel any entry. We will usually provide details within an email notification of cancellation.

Further, if a user is found abusing a system bug (loopholes, glitches etc.), then we hold the right to void entries involved and ban the offending customer when found in violation.

Should any of your line-ups contain the same athletes from the same event, or if it is a combat sports direct opponent in the same line-up, we will void the entries upon discovery.

Orders placed after hours (6p PST – 8a PST) are subject to review upon business hours. Should the entry be a head-to-head with no opponent or any other type of entry requiring approval, the entry may be null and voided.

THREATS, HARASSMENT, OR ABUSE

Waged War maintains a zero-tolerance policy for abusive, threatening, or harassing behavior toward its employees, representatives, or fellow users. This includes, but is not limited to:

  • Hate speech or derogatory language
  • Excessive profanity or dehumanizing comments
  • Repeated harassment or threats (including through support channels)
  • Attempts to contact Waged War employees directly outside of official support
  • Attempts to expose personal information (i.e. doxing)

Waged War may, at its sole discretion, take any of the following actions in response to such behavior:

  • Immediate account suspension or permanent deactivation, without prior notice
  • Forfeiture of all promotional credits or non-withdrawable bonuses
  • Voiding or withholding of pending winnings, including winnings from contests entered prior to the violation
  • Refund of remaining withdrawable cash balance to the payment method on file (excluding any bonuses or forfeited winnings)
  • Disqualification from future participation on the platform

Participation on Waged War is a privilege, not a right. All users are expected to conduct themselves with integrity and respect toward both staff and fellow players. Winnings are not guaranteed to be paid out if a user is found to be in violation of this policy.

If you have concerns about behavior on the platform or need assistance, please contact Live Support or visit our Responsible Gaming page.

Information about responsible gaming, including self-exclusion and self-limitation options, is available at: https://www.wagedwar.com/responsible-gaming . If you self-exclude, you will be removed from any upcoming contests as set forth in the self-exclusion procedures available at: https://wagedwar.com/responsible-gaming/, and any entry fees for such upcoming contests you are removed from will be refunded to you.

REFUND POLICY

WagedWar accepts all major debit cards, and, depending on the jurisdiction you are in, WagedWar may also accept major credit cards (including Visa, MasterCard, Discover, and American Express), Pay Pal, and gift cards (including WagedWar specific cards, Visa, MasterCard, and American Express). Customers may only link one credit or debit card to their account. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. Further, any attempted bank disputes will result in a permanent deactivation on WagedWar.com. The charge back information will also be shared with the DFS network of banned customers and KYC identification verification systems.

Customers depositing funds using a credit card in some states may see a charge on their credit card statement labeled “international transaction fee” or similar description. The company processing credit card payments for WagedWar in certain states may operate outside the United States and may impose fees for international transactions.

If you are charged this international transaction fee to deposit funds into your WagedWar account, you may contact WagedWar at support@wagedwar.com and request a full reimbursement of the international transaction fee. To process your reimbursement request, WagedWar will need the following information: (i) original transaction date and amount deposited; (ii) the amount(s) of the fee(s) assessed on such deposited amount; (iii) date(s) such fee(s) was/were assessed; and (iv) a copy of your credit card statement showing such fee(s).

BUY-IN

The definition of buy-in is as followed. The process of purchasing a WagedWar.com balance at a 1:1 currency. For example, $1 USD equals $1 WagedWar.com balance. 

PLAYTHROUGH

The definition of playthrough on wagedwar.com is as followed. The full process of a customer placing a line-up entry from their balance, and the selected line-ups completion. Once your order has been updated with results, the playthrough of the wager amount shall be credited to the users account.

Note: Promotional balance entries do not count towards the playthrough requirement.

For deposited amounts there is a 1x playthrough requirement. For example – a deposit of $10 would require you to play $10 in playthrough, prior to the deposit being available for withdrawal. Whenever possible, entries will use your promotional balance first. Combined balances of both promo and deposited will be considered a promotional play.

LIMITS ON WAGERING AND PROMOTIONAL ACCESS

To maintain game integrity, balance risk, and ensure fair play for all participants, WagedWar.com reserves the right to limit the maximum wager amount for any user at any time, with or without notice.

We may also restrict access to certain features, promotions, or gameplay options if a user exhibits behavior indicative of advantage play, system exploitation, or disproportionate success rates that impact the fairness or sustainability of the platform.

These determinations are made at our sole discretion and may be based on—but not limited to—patterns of play, wager history, or promotional use. Users affected by such limitations will be notified and may contact support for further clarification.

PROMOTIONAL BALANCES

Promotional balances are limited to entries and are not available for withdrawal. Provided promotional balances are also subject to expiration, 14 days from when you receive them.

WagedWar.com reserves the right to request additional information to process your request. WagedWar will review your submission and if WagedWar determines that you have been charged the international transaction fee as a result of depositing funds into your WagedWar account, WagedWar will credit such amount back to your Account.

Accounts may be deemed dormant or inactive, and any remaining funds held in a dormant or inactive account will be treated, in each case, in accordance with applicable state laws and regulations.

Players can obtain a copy of their Account statements by emailing customer service at support@wagedwar.com .

WITHDRAWAL

You may request a withdrawal once playthrough requirements outlined above have been met. Once the request has been received, we will attempt to start the processing of your requested amount in 1 – 2 business days. Should the provided information have no deliverable address, such as Paypal email unknown on attempt, we will reach out and contact you to correct. This may delay your request beyond the usual 1 – 2 business days. Only one withdrawal per day will be processed. Should your available balance fall under the requested amount, prior to being processed, your request will be cancelled. Promotional balances are not valid to withdrawal.

Withdrawals are not guaranteed until processed. Once a withdrawal request is submitted, the requested funds must remain available in the user’s account until the request is processed. If a user’s available balance falls below the withdrawal amount at any time prior to processing (e.g., due to gameplay or other transactions), the request will be automatically canceled. Promotional credits, bonus funds, or non-cashable balances are not eligible for withdrawal and will not be considered part of the withdrawable balance. It is the user’s responsibility to ensure that requested funds remain in the account during the processing period (typically 1–2 business days). WagedWar reserves the right to deny or cancel any withdrawal if account activity suggests an attempt to bypass withdrawal restrictions or abuse promotional offers.

USER MONITORING

To improve our Services, we use third-party analytics tools such as Microsoft Clarity and Hotjar that record user interactions on the Site and App, including mouse movements, clicks, scroll behavior, and usage patterns. These tools may also capture technical data such as device type, browser information, and session duration. Recordings do not include sensitive personal data such as passwords or financial information. By using the Services, you acknowledge and consent to the use of these monitoring technologies and session recording tools. If you do not consent to such monitoring, you must not use the Site or App. Some jurisdictions, including California and other states with two-party consent laws, may require express consent before recording. By continuing to access or use our Services, you expressly consent to such recording in accordance with applicable law.

23 DISPUTE RESOLUTION AND BINDING ARBITRATION

23.1 Agreement to Arbitrate

By using the Services, creating an Account, or agreeing to these Terms, you and Real Technologies Inc. d/b/a WagedWar (“WagedWar”, “we”, “us”, or “our”) agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Services, or your relationship with WagedWar—whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory—shall be resolved exclusively through final and binding arbitration, rather than in court, except as provided in Sections 23.2 and 23.3 below.

This agreement to arbitrate applies to all users of the Services, and it precludes you from bringing any class, collective, or representative action against WagedWar. You and WagedWar are each waiving the right to a trial by jury and to participate in a class action.

23.2 Exceptions to Arbitration

Notwithstanding the above, either party may bring an individual claim in small claims court in a jurisdiction that has personal jurisdiction over the parties. In addition, either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights or confidential information.

23.3 Opt-Out of Arbitration Agreement

You may opt out of this agreement to arbitrate within thirty (30) days of first accepting these Terms by sending written notice to:

Real Technologies Inc. d/b/a WagedWar
Attn: Legal Department
Email: legal@wagedwar.com

Your opt-out notice must include your full name, the email address associated with your WagedWar account, and a clear statement that you are opting out of the arbitration clause in the Terms of Use.

23.4 Arbitration Procedure

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by any other mutually agreed-upon arbitration provider. The arbitration shall be conducted by a single neutral arbitrator and, unless otherwise required by applicable law, take place virtually or in a location mutually agreed upon by the parties.

The arbitrator has the authority to decide all issues, including the scope and enforceability of this arbitration agreement. All decisions by the arbitrator shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

23.5 Class Action Waiver

You and WagedWar agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator shall not have authority to hear or arbitrate any class or collective claims.

23.6 Fees and Costs

The payment of arbitration fees will be governed by the applicable AAA rules. WagedWar will pay all arbitration filing, administrative, and arbitrator fees for claims that do not exceed $10,000, unless the arbitrator determines your claims are frivolous or brought in bad faith.

23.7 Survival and Severability

This arbitration agreement survives the termination of your relationship with WagedWar. If any part of this Section 23 is found to be unenforceable, the remainder shall still apply, and the unenforceable portion shall be severed from the agreement.