Terms of Service

1. Acceptance of Terms

These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Stacked Insights, Inc., a Delaware corporation (“Stacked,” “we,” “us,” or “our”), governing your access to and use of the Stacked platform, including the Stacked mobile application, website located at https://stacked.xyz (the “Site”), and all related content, features, functionality, and services (collectively, the “Platform”).

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PLATFORM, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Your use of the Platform is also subject to any additional guidelines, rules, or terms applicable to specific features or promotions, each of which is incorporated into these Terms by reference. In the event of any conflict between these Terms and any such additional terms, the additional terms shall control with respect to the specific feature or promotion to which they apply.

2. Eligibility

The Platform is intended solely for users who are eighteen (18) years of age or older. By accessing or using the Platform, you represent and warrant that:

• you are at least eighteen (18) years of age;
• you have the legal capacity and authority to enter into a binding contract;
• you are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country;
• you are not listed on any U.S. Government list of prohibited or restricted parties;
• your use of the Platform does not violate any applicable law or regulation; and
• you have not previously been suspended or removed from the Platform.

IF YOU DO NOT MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

We reserve the right to verify your eligibility at any time and to suspend or terminate your Account if we have reason to believe you do not meet the eligibility requirements set forth in these Terms.

3. Account Registration and Security

3.1 Account Creation

In order to access most features of the Platform, you must register for an account (your “Account”). When registering, you agree to provide accurate, current, and complete information and to maintain and promptly update such information to keep it accurate, current, and complete. You may register using a supported third-party platform credential (such as Google or Apple) or such other methods as we may make available from time to time.

3.2 One Account Per User

You may maintain only one (1) Account on the Platform. Creating or using more than one Account—whether directly or through a third party—is strictly prohibited and constitutes a material breach of these Terms. Stacked reserves the right to terminate all Accounts held by a User found to have created multiple Accounts and to forfeit any Rewards (as defined below) associated with those Accounts.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to: (a) keep your password and login credentials strictly confidential; (b) not disclose your credentials to any third party; (c) not permit any other person to access or use the Platform using your credentials; and (d) notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.

3.4 Account Ownership

Your Account is personal to you and may not be transferred, sold, or assigned to any other person or entity. You acknowledge that you have no ownership or property interest in your Account, and that all rights in and to your Account are and shall remain the property of Stacked.

3.5 Account Suspension and Termination by Stacked

Stacked reserves the right to suspend, restrict, or terminate your Account, at any time and without prior notice, for any reason or for no reason, including if we believe, in our sole discretion, that you have violated any provision of these Terms, provided false or inaccurate information, or engaged in any conduct that may harm Stacked, other Users, or third parties.

4. The Stacked Rewards Program

Stacked offers a rewards program (the “Rewards Program”) through which eligible Users may earn points or credits denominated in our virtual currency (referred to herein as “Coins” or “Rewards”) by participating in certain activities on the Platform, including playing sponsored games, watching advertisements and promotional videos, and making qualifying purchases through cashback offers, as further described in Section 5 below.

The Rewards Program is subject to these Terms as well as any additional rules, terms, or conditions that Stacked may publish in connection with specific Offers (as defined below), promotions, or Platform features, each of which is incorporated into these Terms by reference.

Stacked reserves the right to modify, suspend, or discontinue the Rewards Program, or any part thereof, at any time and without prior notice. Any such modification, suspension, or discontinuation shall not entitle you to any compensation or give rise to any liability on the part of Stacked.

5. Earning Rewards

5.1 Rewarded Game Offers

Stacked is a performance-based user acquisition platform. A primary method by which Users earn Rewards is by downloading and playing games or completing in-game milestones as specified in promotional offers made available on the Platform (each, a “Game Offer”). Game Offers are sponsored by third-party game publishers and advertisers (“Advertisers”) who pay Stacked for verified user engagement.

Rewards for a Game Offer will be credited to your Account only upon verified and validated completion of all required objectives specified in the applicable Game Offer, which may include reaching a specified level, completing a specific in-game action, or achieving a designated milestone within a specified time period. You acknowledge and agree that:

• Rewards for Game Offers will not be credited until completion has been verified by Stacked and/or the applicable third-party tracking and attribution partner;
• Stacked shall not be obligated to credit Rewards for any Game Offer that is not properly tracked, recorded, and validated by Stacked’s and/or its third-party partners’ systems, regardless of whether you believe you have completed the offer requirements;
• In some instances, the applicable Advertiser or third-party attribution partner, rather than Stacked, may make the final determination as to whether a Game Offer has been successfully completed;
• Rewards will not be credited for duplicate installs, installs detected as fraudulent or incentivized outside of the Platform, use of emulators, modified versions of games, or manipulation of in-game progress through unauthorized means; and
• Stacked reserves the right to withhold, reverse, or forfeit any Rewards credited in connection with a Game Offer that is subsequently determined to have been obtained through fraud, manipulation, or violation of these Terms or the Advertiser’s terms.

5.2 Advertising and Video Offers

Users may earn Rewards by watching video advertisements, engaging with promotional content, or completing other advertising-based interactions as specified in offers made available on the Platform (each, an “Ad Offer”). Rewards for Ad Offers will be credited upon verified completion of all specified requirements, as determined by Stacked and/or its third-party advertising partners. Stacked reserves the right to withhold Rewards where it detects automated viewing, use of ad-blocking software that affects tracking, or any other attempt to circumvent the intended viewing experience.

5.3 Purchase and Cashback Offers

Stacked may make available offers through which Users can earn Rewards by making qualifying purchases within participating games, either through affiliate links, tracked payment methods, or other mechanisms specified in the applicable offer (each, a “Cashback Offer”). The following conditions apply to Cashback Offers:

• To qualify for a Cashback Offer Reward, you must complete your purchase transaction prior to stated expiration date and time by clicking the applicable offer link in the Platform;
• Purchases made using coupons or promotional codes not provided by Stacked, or made after visiting third-party websites following activation of the offer, may not qualify for Cashback Offer Rewards;
• Cashback Offer Rewards are conditional and pending until confirmed by the applicable merchant. Any notification of a pending Reward does not constitute a binding obligation on the part of Stacked;
• Stacked reserves the right to withhold, reduce, reverse, or cancel any Cashback Offer Reward in connection with returns, chargebacks, payment reversals, merchant non-payment, fraudulent transactions, or any other circumstances rendering the underlying purchase ineligible; and
• Stacked may earn affiliate commissions or other compensation from merchants in connection with Cashback Offers.

5.4 General Offer Terms

Stacked reserves the right, at any time and without prior notice, to: (a) add, modify, withdraw, or discontinue any Offer or category of Offer; (b) change the Reward amounts associated with any Offer; (c) limit the frequency with which you may participate in any Offer; (d) restrict your eligibility to participate in certain Offers; and (e) apply time limitations or waiting periods to Offer completions. All such changes shall apply to all past, present, and future Offers and associated Rewards, unless otherwise expressly stated.

6. Nature of Rewards; No Monetary Value

Rewards (including Coins and any other form of virtual currency or credits on the Platform) are not money, currency, legal tender, or a financial instrument of any kind. You acknowledge and agree that:

• Unredeemed Rewards have no cash value, monetary value, or any other form of extrinsic value;
• Rewards are not your property; they remain the sole property of Stacked at all times;
• Rewards are not transferable to any other User or third party, and may not be sold, traded, gifted, or otherwise conveyed;
• Rewards may only be redeemed for Redemption Prizes (as defined in Section 7) in accordance with these Terms and the Rewards Program redemption requirements in effect at the time of redemption;
• Stacked may modify the value, redemption rates, or availability of Rewards at any time in its sole discretion; and
• Nothing in these Terms or the Rewards Program creates a fiduciary duty, trust relationship, or any form of indebtedness between Stacked and you with respect to accrued Rewards.

7. Redeeming Rewards

7.1 General Redemption Terms

Subject to these Terms, any applicable identity verification requirements under Section 9, and the Rewards Program redemption requirements in effect at the time of your redemption request, you may redeem accumulated Rewards in your Account for the following types of Redemption Prizes, as made available by Stacked from time to time: (a) digital gift cards; (b) cash payments via PayPal, Venmo, or other supported payment providers; (c) cryptocurrency; and (d) in-app virtual items or upgrades (collectively, “Redemption Prizes”).

Stacked reserves the right to: (i) impose minimum or maximum Reward balance thresholds as a condition of redemption; (ii) limit the frequency of redemption requests; (iii) restrict available Redemption Prizes based on your geographic location or other factors; and (iv) modify, add, or remove available Redemption Prizes at any time without prior notice.

All redemptions are final. Rewards may not be returned for re-credit to your Account following a completed redemption, except as expressly provided in these Terms or as required by applicable law.

7.2 Gift Card Redemptions

Digital gift cards redeemed through the Platform are sold by Stacked as a reseller and are issued by and redeemable solely with the applicable third-party merchant or issuer, subject to such issuer’s terms and conditions. Stacked is not the issuer of any gift card and is not responsible for the goods or services provided by the issuer, nor for the issuer’s refusal or inability to honor a gift card in accordance with its terms. The risk of loss of a gift card passes to you upon digital delivery. You are responsible for safeguarding gift card codes against loss, theft, or unauthorized use. To the fullest extent permitted by applicable law, gift card redemptions are final and non-refundable once delivered.

7.3 Cash Payment Redemptions

Cash payments will be processed via PayPal, Venmo, or other third-party payment providers as Stacked may make available from time to time. By requesting a cash redemption, you represent and warrant that you are the authorized holder of the payment account to which the payment is directed, and that your use of such payment account complies with all applicable terms of the relevant payment provider. Stacked is not responsible for payment processing errors, delays, or failures caused by third-party payment providers. You acknowledge that payment providers may have their own eligibility requirements, including age restrictions, and that Stacked is not liable for any failure to complete a cash redemption resulting from your non-compliance with such requirements.

7.4 Cryptocurrency Redemptions

Stacked may make available the option to redeem Rewards for cryptocurrency (“Crypto Redemptions”). You acknowledge and agree to the following with respect to Crypto Redemptions:

• Cryptocurrency is a highly volatile and speculative asset class. The market value of any cryptocurrency may fluctuate dramatically and may be zero or near-zero at any given time. Stacked makes no representation or warranty regarding the value, stability, utility, or future performance of any cryptocurrency.
• Crypto Redemptions are irreversible. Once a cryptocurrency transfer has been initiated and confirmed on the applicable blockchain network, it cannot be reversed, recalled, or refunded under any circumstances.
• You are solely responsible for providing a correct and valid destination wallet address for Crypto Redemptions. Stacked shall bear no liability for any loss of cryptocurrency resulting from an incorrect, incompatible, or invalid wallet address provided by you.
• Crypto Redemptions may be subject to network fees, gas fees, or other transaction costs, which may be deducted from the redemption amount or separately charged, as disclosed at the time of redemption.
• Cryptocurrency transactions may be subject to delays resulting from network congestion, blockchain confirmation times, or other factors outside of Stacked’s control.
• You are solely responsible for compliance with all laws and regulations applicable to your receipt, holding, use, and disposal of cryptocurrency in your jurisdiction, including without limitation anti-money laundering laws, know-your-customer requirements, and applicable tax laws.
• Stacked reserves the right to suspend or discontinue Crypto Redemptions at any time without prior notice, including in response to changes in applicable law or regulatory guidance.

7.5 Virtual Items and In-App Upgrades

Virtual items and in-app upgrades redeemed through the Platform are licensed to you, not sold, for your personal, non-commercial use within the Platform only. Virtual items and in-app upgrades have no monetary value outside of the Platform, are non-transferable, and cannot be redeemed for cash or other consideration. Stacked reserves the right to modify, remove, or discontinue any virtual item or in-app upgrade at any time.

7.6 Hold Periods

Stacked reserves the right to place a temporary hold on any Rewards or redemption requests, for up to ninety (90) days following completion of an Offer, pending verification of offer completion, fraud review, or for any other reason determined by Stacked in its sole discretion. Stacked shall have no liability to you with respect to any Rewards subject to a hold period.

8. Inactive Accounts

An Account that has not been logged into for a period of twelve (12) consecutive months or more may be deemed inactive by Stacked. Stacked reserves the right to close inactive Accounts, regardless of whether any Rewards balance remains in the Account.

Prior to closing an inactive Account, Stacked will provide at least thirty (30) days’ prior written notice via email to the address associated with the Account, during which time you may log in to the Account to reactivate it. If no action is taken within such notice period, Stacked may permanently close the Account. Upon closure, any remaining Rewards, balances, or other benefits in the Account shall expire without compensation to you, unless mandatory provisions of applicable law provide otherwise.

9. Rewards Expiration

Stacked may establish or modify Rewards expiration policies at any time. Rewards that expire pursuant to the then-current expiration policy will be removed from your Account without compensation or further obligation to you. Stacked will use commercially reasonable efforts to notify you prior to the expiration of a material Rewards balance. If you have questions or wish to request reconsideration of expired Rewards, please contact us at hello@stacked.xyz.

10. Identity Verification and Know-Your-Customer Requirements

Stacked reserves the right, in its sole discretion, to require identity verification (“KYC”) as a condition of processing any Reward redemption or payout, regardless of the redemption type or amount. KYC verification may be required at any time, including prior to your first redemption, at periodic intervals, or upon any redemption request.

As part of the KYC process, Stacked may require you to provide, through Stacked directly or through a third-party verification service:

• a valid, unexpired government-issued photo identification document (such as a passport, driver’s license, or state ID);
• verification of the mobile phone number associated with your Account;
• a real-time biometric selfie image for identity matching purposes;
• tax identification information; or
• such other documentation or information as Stacked may require.

Failure or refusal to provide requested documentation in a complete, valid, and timely manner is grounds for denying, delaying, or withholding any redemption, payout, or other benefit associated with your Account. Stacked will make commercially reasonable efforts to facilitate verification but is not obligated to re-attempt or process repeated submissions more than a reasonable number of times. Stacked may close or deny verification if it cannot be completed within a reasonable timeframe.

Any biometric data collected as part of the KYC process will be processed in accordance with our Privacy Policy and applicable law. Biometric data will not be sold or disclosed to third parties except as necessary to perform the verification service or as required by law.

11. Taxes

You are solely responsible for all tax obligations arising out of or relating to your participation in the Rewards Program, including without limitation any income taxes, self-employment taxes, capital gains taxes, or other taxes or levies imposed by any applicable taxing authority in connection with your receipt, accrual, or redemption of Rewards.

Stacked does not provide tax advice and makes no representation regarding the tax treatment of Rewards in your jurisdiction. You are encouraged to consult a qualified tax professional to determine your tax obligations. To the extent required by applicable law, Stacked may report the value of Rewards received or redeemed by you to the applicable tax authority (for example, by filing a Form 1099 or equivalent with the U.S. Internal Revenue Service) and may require you to submit a completed Form W-9 or other applicable tax forms as a condition of redemption.

With respect to Crypto Redemptions, you acknowledge that the receipt and subsequent sale, exchange, or other disposition of cryptocurrency may give rise to tax reporting and payment obligations. You are solely responsible for tracking the fair market value of any cryptocurrency received and for complying with all applicable tax laws.

12. Sweepstakes, Contests, and Promotions

Stacked may from time to time offer sweepstakes, prize draws, contests, or other promotional events (collectively, “Promotions”) through the Platform. Any such Promotion will be governed by official rules or additional terms published in connection with the specific Promotion (“Promotion Rules”), which are incorporated into these Terms by reference. In the event of any conflict between these Terms and the applicable Promotion Rules, the Promotion Rules shall control with respect to the relevant Promotion.

By participating in any Promotion, you agree to comply with and be bound by the applicable Promotion Rules and Stacked’s decisions with respect to the Promotion, which shall be final and binding. Participation in any Promotion may be subject to additional eligibility requirements, geographic restrictions, and other conditions as set forth in the applicable Promotion Rules.

All Promotions are void where prohibited or restricted by applicable law. Stacked reserves the right to modify, suspend, or discontinue any Promotion at any time without prior notice.

13. Prohibited Uses and Anti-Fraud

13.1 Prohibited Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Without limiting the foregoing, you agree not to:

• use the Platform in any manner that violates any applicable federal, state, local, or international law or regulation;
• use any macro, bot, script, automated tool, emulator, virtual machine, modified device, or any other automated means to simulate or replicate human user activity, generate artificial engagement, automate clicks or game progress, or otherwise circumvent the Platform’s intended functionality;
• use a virtual private network (VPN), proxy server, or other means to mask or falsify your geographic location or IP address;
• create multiple Accounts or register using false, misleading, or third-party identity information;
• engage in any fraudulent activity in connection with the Platform, including submitting false information, falsifying receipts or purchase records, manipulating offer tracking, or attempting to redeem Rewards through fraudulent means;
• attempt to exploit, manipulate, or circumvent the Rewards Program in any manner not intended by Stacked;
• use fake telephone numbers, virtual phone numbers, or VoIP numbers for account verification purposes;
• introduce malware, viruses, Trojan horses, worms, or other malicious code into the Platform;
• attempt to gain unauthorized access to any part of the Platform, Stacked’s servers, or any system or network connected to the Platform;
• harvest, scrape, or collect information about other Users without their consent;
• impersonate Stacked, any Stacked employee, any other User, or any third party;
• transmit unsolicited advertising or promotional materials, spam, or chain letters;
• engage in any conduct that restricts or inhibits any other User’s use or enjoyment of the Platform; or
• attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform.

13.2 Consequences of Prohibited Conduct

In the event that Stacked determines, in its sole discretion, that you have engaged in any prohibited conduct described in Section 13.1 or any other breach of these Terms, Stacked may, without prior notice:

• suspend or permanently terminate your Account;
• forfeit, void, or reverse any Rewards or Redemption Prizes associated with your Account;
• withhold or reverse any pending redemptions or payouts;
• pursue civil or criminal legal action against you to the fullest extent permitted by law; and
• report suspected fraudulent activity to law enforcement authorities or relevant regulatory bodies.

Stacked’s right to take any of the foregoing actions shall not limit any other right or remedy available to Stacked at law or in equity.

14. Third-Party Advertisers and Offers

The Platform facilitates rewarded user acquisition campaigns on behalf of third-party Advertisers. Stacked acts as an intermediary between Users and Advertisers and does not control the content, quality, availability, or terms of any game, application, or other product or service offered through an Advertiser’s Game Offer or other Offer.

Stacked is not responsible for and expressly disclaims all liability arising from: (a) the content, performance, or availability of any third-party game, application, product, or service; (b) any in-app purchases, subscriptions, or other transactions you enter into with any third-party Advertiser; (c) any data collection, privacy practices, or terms of service of any third-party Advertiser; or (d) any failure, modification, or discontinuation of any third-party game or application that affects your ability to complete a Game Offer.

You acknowledge that participation in any Game Offer may require you to download and install third-party applications, which are subject to such third party’s own terms of service and privacy policy. You are solely responsible for reviewing and complying with all applicable third-party terms.

The Platform may contain links to third-party websites, applications, or resources that are not owned or controlled by Stacked. Such links are provided solely for your convenience and do not constitute an endorsement or recommendation by Stacked. Stacked has no control over and assumes no responsibility for the content, privacy practices, or any other aspect of such third-party resources.

15. Intellectual Property

15.1 Stacked’s Intellectual Property

The Platform and all content, features, and functionality thereof — including without limitation all software, text, graphics, logos, icons, images, audio clips, data compilations, and the design, selection, and arrangement thereof — are owned by Stacked, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms do not transfer or convey to you any ownership interest in or to the Platform or any content therein. All rights not expressly granted to you herein are reserved by Stacked.

15.2 Limited License

Subject to your compliance with these Terms, Stacked grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your own personal, non-commercial use. This license does not include the right to: reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Platform, except as incidental to your normal use of the Platform as intended.

15.3 Feedback

If you provide Stacked with any feedback, suggestions, or ideas regarding the Platform (“Feedback”), you grant Stacked a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without compensation or attribution to you. Feedback is not confidential, and you represent that you have the right to provide it.

16. Disclaimer of Warranties

THE PLATFORM, INCLUDING ALL CONTENT, FEATURES, REWARDS PROGRAM, AND OFFERS AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STACKED AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

(A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

(B) ANY WARRANTY THAT THE PLATFORM WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;

(C) ANY WARRANTY THAT THE PLATFORM OR ANY CONTENT THEREIN IS ACCURATE, COMPLETE, RELIABLE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;

(D) ANY WARRANTY THAT ANY OFFER WILL RESULT IN THE ISSUANCE OF REWARDS, OR THAT ANY PARTICULAR AMOUNT OF REWARDS WILL BE ISSUED IN CONNECTION WITH ANY OFFER; AND

(E) ANY WARRANTY WITH RESPECT TO THE VALUE, STABILITY, OR FUTURE PERFORMANCE OF ANY CRYPTOCURRENCY MADE AVAILABLE AS A REDEMPTION PRIZE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STACKED OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY CONTENT AVAILABLE THROUGH THE PLATFORM, ANY REWARDS OR REDEMPTION PRIZES, OR ANY CRYPTOCURRENCY RECEIVED AS A REDEMPTION PRIZE, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF STACKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STACKED’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL VALUE OF REWARDS YOU HAVE REDEEMED THROUGH THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

18. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE ANY DISPUTES BETWEEN YOU AND STACKED TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, SUBJECT TO LIMITED EXCEPTIONS.

18.1 Informal Resolution

Before initiating arbitration, you and Stacked each agree to attempt to resolve any dispute, claim, or controversy informally. The party seeking to initiate a formal proceeding must first send the other party a written notice (a “Notice of Dispute”) by email or certified mail describing the nature of the dispute and the relief sought. Stacked’s contact for receiving a Notice of Dispute is: hello@stacked.xyz. You and Stacked agree to negotiate in good faith for a period of thirty (30) days following receipt of a Notice of Dispute before either party may initiate arbitration. Notwithstanding the foregoing, the informal resolution requirement does not apply to claims brought in small claims court or to requests for injunctive or other equitable relief to protect intellectual property rights.

18.2 Mandatory Individual Arbitration; Class Action Waiver

If a dispute is not resolved informally as described in Section 18.1, you and Stacked agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, the Rewards Program, or any Redemption Prize, including disputes regarding the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms or this Arbitration Agreement (collectively, “Disputes”), shall be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in Section 18.7.

YOU AND STACKED EACH WAIVE ANY RIGHT TO: (A) A JURY TRIAL; (B) PARTICIPATION AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING; AND (C) ANY OTHER FORM OF REPRESENTATIVE, MULTI-PARTY, OR MASS ARBITRATION PROCEEDING.

The arbitrator may not consolidate your claim with the claims of any other party. If a court of competent jurisdiction determines that the class action waiver in this Section is unenforceable with respect to a particular claim, the Arbitration Agreement shall be deemed null and void as to that claim only, and such claim shall be litigated in court as provided in Section 18.7.

18.3 Arbitration Rules and Forum

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement. To initiate arbitration, you must send a written demand to Stacked’s registered agent. All arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (for disputes under $250,000) or Comprehensive Arbitration Rules and Procedures (for disputes of $250,000 or more), as applicable, available at www.jamsadr.com. The arbitration shall be conducted by a single arbitrator, or by telephone or video conference upon mutual agreement. The arbitrator shall have the authority to award any relief that would be available in a court of law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

18.4 Arbitration Fees

Payment of all JAMS filing, administrative, and arbitrator fees shall be governed by the JAMS fee schedule then in effect. If you are unable to afford the required fees and cannot obtain a waiver from JAMS, Stacked will pay those fees on your behalf. Stacked will also reimburse all JAMS fees for Disputes totaling less than $10,000, unless the arbitrator determines the claim is frivolous.

18.5 Confidentiality

Unless otherwise required by applicable law, the parties agree that the arbitration proceedings and all information exchanged in connection therewith, including the arbitrator’s decision and award, shall remain confidential.

18.6 Opt-Out Procedure

You have the right to opt out of this Arbitration Agreement by sending a written opt-out notice to hello@stacked.xyz within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include your full name, address, and Account email address, and must clearly state your intention to opt out of the Arbitration Agreement. If you opt out, you and Stacked agree that disputes shall be governed by Section 18.7. Opting out has no effect on any other provision of these Terms.

18.7 Exceptions; Governing Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court provided the claim qualifies. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. For any Dispute determined not to be subject to arbitration, the exclusive jurisdiction and venue shall be the federal or state courts located in Delaware, and you and Stacked each consent to personal jurisdiction in such courts.

18.8 Changes to This Arbitration Agreement

Stacked will provide you with thirty (30) days’ notice before any material change to this Arbitration Agreement becomes effective. You may reject any such change by providing written notice to Stacked within such thirty-day period, in which case the version of this Arbitration Agreement in effect at the time you first agreed to these Terms (or the most recent version to which you did not object) shall continue to govern.

19. Indemnification

You agree to defend, indemnify, and hold harmless Stacked and its affiliates, licensors, service providers, partners, Advertisers, employees, agents, officers, directors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Platform; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right; (e) any dispute between you and any third-party Advertiser; or (f) any taxes, penalties, or interest assessed by any taxing authority arising from your receipt of Rewards or Redemption Prizes.

20. Governing Law

These Terms and any dispute arising out of or relating to them or your use of the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

21. International Users

The Platform is operated by Stacked from the United States. While the Platform is available to users globally, Stacked makes no representation that the Platform or any content, feature, or Redemption Prize made available through the Platform is appropriate, compliant, or available for use in any specific jurisdiction outside the United States. Access to or use of the Platform from jurisdictions where such access or use is illegal is strictly prohibited.

If you access the Platform from outside the United States, you do so on your own initiative and are solely responsible for compliance with applicable local laws, including without limitation laws governing the transfer of data, participation in reward or sweepstakes programs, and cryptocurrency transactions.

For Users located in the European Union or European Economic Area, to the extent applicable law provides rights in addition to or in conflict with those stated herein, those mandatory rights are not waived by these Terms. In particular, nothing in these Terms is intended to deprive EU/EEA consumers of any mandatory consumer protections afforded to them under applicable EU law.

22. Termination

22.1 Termination by Stacked

Stacked reserves the right to suspend or terminate your Account and your access to the Platform at any time, with or without cause, and with or without notice. In particular, Stacked may terminate your Account immediately upon any violation of these Terms or engagement in any conduct that Stacked, in its sole discretion, determines to be harmful to the Platform, other Users, or third parties.

22.2 Termination by User

You may terminate your Account at any time by following the account deletion instructions available within the Platform settings or by contacting us at hello@stacked.xyz. Account deletion is effective upon Stacked’s processing of your request.

22.3 Effect of Termination

Upon termination of your Account for any reason: (a) your license to access and use the Platform immediately terminates; (b) any unredeemed Rewards in your Account are automatically forfeited without compensation; and (c) any pending redemption requests may be cancelled at Stacked’s discretion. Sections 1, 6, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22.3, and 23 shall survive the termination of your Account and these Terms.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any Additional Promotional Terms or Offer-specific terms incorporated herein by reference, constitute the entire agreement between you and Stacked with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, with respect thereto.

23.2 Amendments

Stacked reserves the right to modify these Terms at any time by posting the updated Terms on the Platform and updating the Effective Date. Material changes will be communicated to you via in-app notice or email. Your continued use of the Platform following the effective date of any updated Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue your use of the Platform.

23.3 Waiver and Severability

No waiver by Stacked of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. The failure of Stacked to assert any right under these Terms shall not constitute a waiver of such right. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

23.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without Stacked’s prior written consent. Stacked may freely assign or transfer its rights and obligations under these Terms, including in connection with a merger, acquisition, asset sale, or operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted heirs, successors, and assigns.

23.5 Force Majeure

Stacked shall not be liable for any failure or delay in performance resulting from any cause beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, cyberattacks, power failures, or failures of third-party service providers.

23.6 Electronic Communications

You consent to receive communications from Stacked electronically. You agree that all notices, disclosures, agreements, and other communications that Stacked provides to you electronically satisfy any legal requirement that such communications be in writing. You may receive electronic communications at the email address associated with your Account.

23.7 Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. ANY CLAIM NOT FILED WITHIN THIS PERIOD IS PERMANENTLY BARRED.

23.8 California Users

Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (800) 952-5210.

24. Contact Information

If you have any questions, comments, or concerns regarding these Terms or the Platform, please contact us at:

Support: hello@stacked.xyz
Website: https://www.stacked.xyz