Terms of Use
IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF WAGED WAR
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING WAGED WAR, 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 Wyoming 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 fantasy sports 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.
By accessing or using the Services, you acknowledge that Waged War offers skill-based fantasy sports contests. Participation is limited to jurisdictions where such contests are permitted by applicable law, and you are responsible for ensuring that your participation is lawful in your jurisdiction.
USER AGREEMENT
Waged War 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, together with other content, products, services, and promotions (collectively, the “Services”), subject to these Terms of Use (the “Terms”), our Privacy Policy (the “Privacy Policy”), and the official rules and scoring applicable to contests and promotions (the “Rules,” and together with the Terms and Privacy Policy, the “Agreements”).
CONSIDERATION
You agree to these Terms 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, DO NOT USE THE WEBSITE. These Terms constitute a legal agreement between you and Waged War and 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 create an account, enter any contest, or receive prizes through the Website. If the minimum age required to participate in fantasy sports contests in your jurisdiction is higher than eighteen (18), you must meet the higher age requirement. Without limiting the foregoing, you must be at least nineteen (19) years of age to participate if you are a legal resident of Nebraska or Alabama, and at least twenty-one (21) years of age to participate if you are a legal resident of Arizona, Iowa, Louisiana, or Massachusetts. You may not allow any other person who does not satisfy the applicable age requirements to access or use your account or participate in any contest.
Participation is limited to jurisdictions where Waged War’s contests are permitted by applicable law. Waged War reserves the right to restrict, refuse, void, or cancel entries, suspend or terminate accounts, and withhold or deny prizes where participation is prohibited or where a user is located in a restricted jurisdiction. Waged War may use IP address, geolocation tools, device data, and other verification methods to determine a user’s location and eligibility. You are solely responsible for ensuring that your access to and participation in the contests is lawful in your jurisdiction at the time of entry.
We reserve the right to require identity verification at any time. Acceptable forms of identification may include a valid U.S. state-issued driver license, state identification card, passport, or other documentation we determine is appropriate. Accounts that cannot be successfully verified may be restricted, suspended, or closed. Withdrawals may be delayed or denied until verification is completed.
Waged War reserves the right to monitor account activity and take appropriate action, including restricting, suspending, or terminating accounts, where necessary to maintain platform integrity, comply with applicable law, or enforce these Terms. Such actions may be taken in cases including, but not limited to, verification failures, security concerns, coordinated play, abuse of promotions, or the use of automated or unauthorized systems.
You may establish only one account per person to participate in the Services offered on the Website. If Waged War discovers that you have opened more than one account, Waged War reserves the right to suspend or terminate any or all such accounts and to withhold, revoke, or deny prizes or promotional benefits associated with those accounts. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. It is a violation of these Terms to allow any other person to use your account to participate in any contest. You are responsible for using strong and secure passwords, and you may be required to change your password from time to time. If you have reason to believe that someone is using your account without your permission, you must 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 accurate and complete information and update it when it changes.
“Authorized Account Holder” means the natural person who is assigned to the email address used to register for the Website by an internet access provider, online service provider, or other organization responsible for assigning email addresses for the applicable domain. By submitting a payment method to participate in paid contests, the Authorized Account Holder represents that he or she is the lawful owner or authorized user of the payment method used to make deposits on the Website. It is a violation of these Terms to submit payment using a payment method that you do not own or are not authorized to use.
If any deposit is charged back or reversed, any prizes or winnings attributable to that deposit may be invalidated, forfeited, and deducted from your account balance to the extent permitted by law. In addition, the amount of the original deposit may be deducted from your account balance. Waged War reserves the right to close or restrict your account if a deposit is charged back or reversed.
Waged War employees (“Employees”) and Immediate Family Members (meaning any domestic partner or relative residing in an Employee’s household, including parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to enter any public contests for cash prizes hosted on the Website; provided, however, Employees and Immediate Family Members may participate in Waged War-sponsored private contests, private contests for cash, or private contests for prizes other than cash, to the extent permitted by applicable law. A “Private Contest” is one that is not publicly listed on the Website and is hosted by another Employee, relative, or friend of the participating Employee or Immediate Family Member. Employees and relatives living in the same household as such employees located in Colorado are prohibited from competing in any fantasy contests offered by any fantasy contest operator that offers cash prizes.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees, league officials, and their immediate family members are not eligible to participate in any Waged War contest involving the sport with which they are associated.
CONTEST ENTRY
Users may visit the Website and view the contests available for entry (the “Contests”). The applicable entry fee for each Contest is displayed on the relevant Contest page. When you submit an entry and complete the entry process, the applicable amount will be deducted from your Waged War account balance. Waged War reserves the right to review, reject, cancel, or void any entry where necessary to address fraud, data errors, rule violations, event timing issues, or other integrity concerns.
IDENTITY & RESIDENCY VERIFICATION
Waged War may, at any time, request proof of identity and residency to confirm account authenticity and eligibility. Acceptable documentation may include a government-issued photo ID and recent proof of address, such as a utility bill, bank statement, or other documentation we reasonably request. Failure to provide requested verification may result in suspension, account closure, or forfeiture of pending prizes or winnings to the extent permitted by law.
If requested documentation or verification is not received within seven (7) business days, Waged War may close the account and void any pending or unpaid winnings associated with unverified activity, to the extent permitted by law.
If verification is submitted after the account has been closed, Waged War may, in its discretion, consider reinstating the account and releasing any funds that remain eligible under these Terms. Such consideration does not guarantee reinstatement or payment.
ACCOUNT INTEGRITY AND DEVICE USAGE
Each Waged War account must belong to and be operated by a single individual using that individual’s own verified identity.
To maintain a fair and secure environment, Waged War may monitor account activity using identifiers such as device ID, IP address, payment credentials, and related technical or account information.
Users may not create, operate, or access multiple accounts using false identities, shared credentials, or other means intended to circumvent these Terms.
Waged War reserves the right to restrict, suspend, or close any accounts that share a device ID, IP address, payment method, residential address, or other indicators suggesting that the accounts may be controlled by the same individual or coordinated group in violation of these Terms. Any associated entries, bonuses, or winnings may be voided in accordance with these Terms and applicable law.
FAIR PLAY REVIEW & ACCOUNT TIERING
To maintain fairness and integrity on WagedWar.com, user activity may be reviewed 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 materially exceed expected statistical results, Waged War may temporarily delay payouts or review account activity to evaluate gameplay integrity, fair play, and compliance with these Terms. As part of such review, Waged War may:
- Delay payouts for a reasonable period, including up to seven (7) business days, for internal review;
- Request information relating to account access or gameplay activity; and
- Void entries determined to have resulted from prohibited tools or conduct, including bots, scraping, or unauthorized automated systems.
Waged War may also review accounts for patterns indicating consistent selection of entries prior to material line movement or pricing adjustments. Repeated selection of entries that demonstrate a timing-based advantage, including but not limited to sustained positive closing line value, may be considered indicative of non-typical gameplay and subject to the same review, limitation, or restriction measures described above. This includes behavior suggesting systematic exploitation of pricing latency, delayed market updates, or external pick sourcing that results in consistent advantageous line positioning.
2. Fair Play Tiering
WagedWar.com may apply differentiated entry limits, promotional eligibility, or access restrictions based on a user’s performance, profit rate, pick accuracy, or other fair-play and risk-management factors. These measures are intended 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; and
- 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 prohibited. Waged War may monitor 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.
Waged War reserves the right to take reasonable action to preserve platform fairness based on available evidence and internal thresholds. If an account exhibits patterns consistent with external pick sourcing or automated selection, including sustained search-only entry submission without ordinary board interaction, Waged War may void entries, withhold payouts pending review, and suspend or terminate the account.
PERFORMANCE-BASED ENTRY & WINNING MANAGEMENT
To maintain competitive integrity and ensure fair play, Waged War reserves the right to apply performance-based limitations to certain accounts when statistical review indicates an abnormally high or non-typical win rate. These limitations may include, without limitation:
Entry Amount Limits – Adjusting the maximum allowable dollar amount by entry type (for example, 2-pick, 3-pick, or 4-pick entries).
Pending Winnings Cap – Applying a maximum potential winnings cap across open entries. This cap may reset or adjust as pending entries are settled and completed.
Account Tier Adjustment – Temporarily or permanently assigning the account to a tier with customized entry limits, maximum exposure, or promotional access based on ongoing performance and risk assessment. Waged War also reserves the right to adjust, cap, void, or resettle entries that exhibit advantage-play characteristics, including manipulation of DNP outcomes or circumvention of expected risk controls.
These controls may be imposed automatically or manually and are designed to maintain platform fairness, reduce exposure, and prevent exploitative or automated play.
Users subject to these limits may contact support for review or clarification. Waged War is not responsible for lost opportunities, reduced winnings, or adjusted entry sizes resulting from these limitations.
PROMOTIONAL SIGN-UP BONUS
Upon successful account creation and completion of identity verification through our third-party KYC provider, new users may receive a one-time promotional bonus of $5 in site credit (“Bonus Funds”). This promotion is subject to change or discontinuation at any time without notice.
Bonus Funds may be used to place entries on the platform but cannot be withdrawn.
Winnings generated from Bonus Funds in excess of $50 may be voided or removed from the account, regardless of whether a deposit is made. Users may retain up to $50 in winnings from Bonus Funds unless otherwise prohibited by applicable law or promotional terms.
Any attempt to circumvent this limit or manipulate the promotion may result in forfeiture of Bonus Funds and associated winnings and may lead to account suspension or termination.
All withdrawals must be sent to a payment account that matches the verified legal name on file. Payments to third-party accounts, including those of friends, relatives, or business entities, are not permitted. Waged War reserves the right to withhold or cancel withdrawals if the name on the payout account does not match the verified user identity. Additional verification may be required before funds are released.
Users may make only one withdrawal of winnings generated from Bonus Funds unless otherwise permitted by Waged War. Once any portion of such winnings is withdrawn, any remaining Bonus Funds and associated promotional balances may be forfeited.
The $5 bonus is limited to one per person, household, IP address, and payment method. Users found to be creating multiple accounts to claim multiple bonuses may have all associated accounts closed and funds forfeited.
Bonus Funds must be used within fourteen (14) days of issuance or they will expire. Winnings generated from Bonus Funds are subject to a 3x contest participation requirement before they become eligible for withdrawal.
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. Waged War reserves the right to void, reject, or disqualify such entries and may take additional actions, including account suspension or permanent closure, if abuse is suspected. Any associated promotional benefits may also be voided.
For purposes of this section, “substantially similar” athlete-stat selections include, without limitation, selections involving the same athlete in the same event under two or more stat categories that are closely correlated or derived from a common underlying performance metric (for example, “Shots” and “Shots on Goal,” “Rebounds” and “Offensive Rebounds,” or “Assists” and “Secondary Assists”).
CORRELATED OUTCOME & LINEUP INTEGRITY RULES
To preserve fair gameplay and prevent artificial inflation of winning probability, Waged War reserves the right to restrict, reject, or void entries that contain highly correlated selections.
Highly correlated selections may include, without limitation, multiple player selections from the same team, in the same match, and within the same statistical category or time segment.
Waged War may block or limit entries that create an unfair mathematical advantage, regardless of whether such selections are otherwise technically available on the platform.
Correlation controls may be enforced automatically or manually, and Waged War is not obligated to disclose the specific internal thresholds or detection methods used to evaluate correlated risk.
Any attempt to intentionally construct entries designed to exploit correlated outcomes may result in rejected entries, voided results, reduced payout eligibility, or account-level restrictions.
PROMO FUNDS REQUIREMENT
Promo Funds, including matched deposits, free play, and bonus credits, may only be used on entries that satisfy the minimum structure and payout requirements displayed in the app at the time of entry. Promo Fund entries must contain at least three (3) selections, and Promo Funds may not be used on 2-selection entries. If a user attempts to place an entry that does not satisfy the applicable requirements, Waged War may apply available cash balance first, and Promo Funds will be applied only to entries that satisfy the applicable requirements. Waged War reserves the right to void, adjust, or reject entries that do not meet these requirements and to require compliant participation before permitting withdrawals.
PROMOTIONAL ENTRY REQUIREMENTS
CANCELLATIONS OF ENTRY
If your entry has been canceled or refunded and the cancellation was not initiated by you, it may be due to one or more reasons, including an event having started, a system timing error, or an error in the statistics or selections offered on the board. Waged War also reserves the right to cancel any entry where necessary to protect platform integrity or enforce these Terms. We will generally attempt to provide additional details by email where appropriate.
If a user is found to have intentionally abused a system bug, loophole, or glitch, Waged War may void the affected entries and suspend or terminate the user’s account.
If an entry contains prohibited combinations of selections, including direct combat sports opponents in the same entry, Waged War may void the affected entry upon discovery.
Entries placed outside ordinary review hours may be subject to later review during business hours.
If the league in question is a tennis selection, it will be deemed in action once at least one full set is completed. If fewer than one full set is completed, the affected selection(s) may be marked void.
If a valid entry is subject to a leg reduction (for example, due to a DNP or voided selection) resulting in a new leg count with a lower maximum entry limit than the original entry, Waged War reserves the right to reduce the entry amount to the maximum allowable limit for that revised leg count. Any difference between the original entry amount and the adjusted entry amount will be refunded to your account balance.
LINEUP RISK, LIMITED-MINUTES & DID-NOT-PLAY POLICY
Waged War seeks to maintain fair play and protect customers from unfair advantage strategies. By using the Services, you agree that Waged War may review, adjust, resettle, or restrict any entry or account where there is a material risk to the integrity of an entry, including lineup uncertainty, limited-expected-minutes selections, repeated did-not-play outcomes, or other patterns that materially alter expected settlement outcomes.
Definitions
- Lineup-Risk / Foreseeable DNP: A selection where, before the event’s official start, credible public information indicated the athlete was unlikely to participate or was expected to receive limited, non-competitive, or garbage-time minutes, for example because the athlete was omitted from a confirmed starting lineup, expected to have a bench-only role, or publicly reported to be on a minutes restriction.
- DNP Void: A leg that is voided and refunded only where the athlete was removed from the event due to a late, verifiable post-lock injury or event cancellation, and not due to ordinary coaching, rotation, or limited-minutes decisions.
How We Grade Selections
- Where a selection results in limited or no participation that was reasonably foreseeable before the event, Waged War may grade the leg as a loss.
- Where a DNP results from a late, verifiable injury or other post-lock occurrence, Waged War may treat the leg as void and adjust the entry accordingly.
- Waged War may apply account-level controls, including entry limits or suspension, to users who repeatedly target limited-minutes or foreseeable DNP players.
Adjustments, Notifications and Appeals
- Customers will generally be notified of material adjustments to entries or account limits with reference to this policy.
- Appeals may be submitted to support@wagedwar.com with account ID, entry ID, match, and player details.
- Waged War may finalize adjustments while an appeal is pending in order to protect platform integrity.
By continuing to use the Services, you consent to these settlement rules.
CORRELATED PLAY, HEDGING, & MULTI-ACCOUNT RESTRICTIONS
Waged War prohibits coordinated activity designed to reduce ordinary risk, gain an unfair advantage, or manipulate promotional offers. The following conduct is expressly prohibited:
- Multiple or coordinated accounts. Submitting highly similar or intentionally opposing entries across multiple accounts, whether controlled by the same person or by persons acting together.
- Hedging across accounts. Placing both sides of a pick or selection across different accounts, including accounts of friends, family members, or household associates.
- Promotion circumvention. Using multiple accounts to bypass promotional limits, bonus restrictions, deposit-match limits, referral limits, or participation requirements.
- Coordinated timing. Coordinated timing of entries intended to mirror or offset outcomes, including entries placed in close succession that feature identical or opposing picks.
- Any related attempts. Any attempt to create, operate, or influence more than one account for the purpose of reducing expected risk or increasing expected value.
When correlated or coordinated play is detected, Waged War may take one or more of the following actions without prior notice, to the extent permitted by law:
- Restrict or revoke promotional eligibility;
- Void referral or bonus credits;
- Require manual review of withdrawals;
- Temporarily or permanently suspend accounts; and
- Cancel entries submitted in violation of this section where supported by the available evidence.
These measures are intended to preserve fair play and protect the integrity of our platform.
CANCELLATIONS OF SPECIFIC ENTRIES
Waged War reserves the right to cancel any entry, in whole or in part, if one or more selections within the entry are determined to be based on outdated, incorrect, or otherwise invalid statistical data. This includes, without limitation, selections tied to events that have already started, selections generated from stale or incorrect data feeds, or selections that were displayed in error. In such cases, Waged War may void the affected selections or cancel the entire entry, regardless of whether any portion of the entry has already been resolved. Users acknowledge and accept that it is their responsibility to ensure that all selections are tied to current and valid contest offerings at the time of placement.
CODE OF CONDUCT
Waged War maintains a zero-tolerance policy for abusive, threatening, or harassing behavior toward its employees, representatives, or other users. Prohibited conduct includes, without limitation:
- 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 official support channels; and
- Attempts to expose personal information, including doxing.
Waged War may take appropriate action in response to such behavior, including suspension or permanent closure of an account, forfeiture of promotional credits or non-withdrawable bonuses, manual review of pending withdrawals, or disqualification from future participation, to the extent permitted by law and these Terms.
All users are expected to conduct themselves with integrity and respect toward staff and other users. 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 in accordance with the applicable self-exclusion procedures, and any entry fees for such upcoming contests from which you are removed will be refunded to you as applicable.
REFUND POLICY
Waged War accepts major debit cards and, depending on your jurisdiction, may also accept major credit cards, PayPal, and certain gift cards or prepaid card products. Customers may be limited in the number of payment methods that may be linked to an account. Except where required by law or expressly provided in these Terms, all payments are final and non-refundable. 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. Any attempted chargeback or bank dispute may result in account restriction or deactivation. Waged War may also share relevant information with fraud-prevention, KYC, or payment-risk providers as permitted by law and applicable agreements.
Customers depositing funds using a credit card in some states may see a charge on their credit card statement labeled “international transaction fee” or a similar description. The company processing credit card payments for Waged War in certain states may operate outside the United States and may impose fees for international transactions.
If you are charged an international transaction fee in connection with a deposit into your Waged War account, you may contact Waged War at support@wagedwar.com and request reimbursement of that fee. To process your reimbursement request, Waged War may require: (i) the original transaction date and amount deposited; (ii) the amount of the fee assessed; (iii) the date the fee was assessed; and (iv) a copy of the relevant credit card statement showing the fee.
ENTRY FEES AND PARTICIPATION REQUIREMENTS
Deposits to a Waged War account are credited on a 1:1 U.S. dollar basis. For example, $1.00 USD equals $1.00 in Waged War account balance.
Some deposited amounts and promotional winnings may be subject to participation requirements before they become eligible for withdrawal. Participation requirements are generally satisfied when an eligible entry has been fully settled in accordance with the applicable contest rules. Promotional balance entries do not count toward participation requirements unless expressly stated otherwise.
For deposited amounts, a 1x participation requirement may apply. For example, a deposit of $10 may require $10 in settled eligible entries before that deposited amount becomes available for withdrawal. Whenever possible, entries may use promotional balance first, and entries involving combined promotional and deposited balances may be treated as promotional entries for purposes of withdrawal eligibility.
LIMITS ON ENTRIES 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 entry amount or promotional access for any user at any time, with or without notice, to the extent permitted by law.
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 may be based on patterns of play, entry history, promotional use, or other fair-play and risk-management considerations. Users affected by such limitations may contact support for further clarification.
PROMOTIONAL BALANCES
Promotional balances may be used only for eligible entries and are not withdrawable. Promotional balances are also subject to expiration, generally fourteen (14) days from issuance unless otherwise stated.
Promotional funds may be used only on entries that satisfy applicable structure or payout requirements, which may require three or more selections per entry. Promotional credits are deducted only when an eligible entry is placed. Entries that do not satisfy the applicable requirements may be funded using available cash balance first.
Accounts may be deemed dormant or inactive, and any remaining funds held in a dormant or inactive account will be treated in accordance with applicable law.
Players may obtain a copy of their account statements by contacting customer service at support@wagedwar.com.
WITHDRAWAL
You may request a withdrawal once applicable participation requirements have been satisfied. Once a request has been received, we will generally begin processing the requested amount within one (1) to two (2) business days. If the provided payment information is incomplete, invalid, or undeliverable, processing may be delayed while we attempt to contact you and obtain corrected information.
Waged War is not responsible for failed withdrawals resulting from incorrect or incomplete payment details submitted by the user. If funds are sent to the wrong account due to user error, Waged War will not be responsible for recovering or resending those funds. Waged War reserves the right to delay or deny any withdrawal or payout if the name on the withdrawal method does not match the name verified through our KYC process. Users are required to ensure that their payment details match their verified legal name in order to receive prizes or withdrawals.
Only one withdrawal per day may be processed. If your available balance falls below the requested amount before processing is completed, the request may be canceled. Promotional balances are not valid for withdrawal.
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 intentionally 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 may require express consent before certain recording or session monitoring practices occur. By continuing to access or use our Services, you consent to such monitoring to the extent permitted by 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 Waged War (“Waged War,” “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 Waged War—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 precludes you from bringing any class, collective, or representative action against Waged War. You and Waged War 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 Waged WarAttn: Legal Department
Email: legal@wagedwar.com
Your opt-out notice must include your full name, the email address associated with your Waged War account, and a clear statement that you are opting out of the arbitration clause in these Terms.
23.4 Arbitration Procedure
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by another mutually agreed-upon arbitration provider. The arbitration shall be conducted by a single neutral arbitrator and, unless otherwise required by applicable law, shall 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 Waged War 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. Waged War will pay arbitration filing, administrative, and arbitrator fees for claims that do not exceed $10,000, unless the arbitrator determines that your claims are frivolous or brought in bad faith.
23.7 Survival and Severability
This arbitration agreement survives the termination of your relationship with Waged War. 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.