Terms & Conditions

NEXXTUP Terms of Service (2026)

Effective Date: January 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the NEXXTUP platform, including the related mobile applications, products, websites, technology, software, and services (collectively, “Services”). More information about the Services may be found at https://www.nexxtup.com/policies. These Terms specifically incorporate NEXXTUP’s Acceptable Use Policy, Community Standards, Privacy Policy, Cookie Policy, and any other terms you may enter into with NEXXTUP (collectively, “Policies”).

The Services are provided to you by NEXXTUP, Inc., a Nevada corporation (“NEXXTUP,” “us,” “our,” or “we”). If you are located in the European Union (“EU”) or European Economic Area (“EEA”), certain additional rights may apply to you under applicable consumer protection and data protection laws, and certain dispute resolution terms in these Terms may not apply to you as described below.

1. Agreement

These Terms are a binding agreement (contract) between you and NEXXTUP. You indicate your acceptance of these Terms by accessing, using, or signing up for any Services. If you do not agree to these Terms, do not access, use, or sign up for any Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms; that these Terms are fully binding on them; and that you have full authority to use or manage the Services on their behalf, including the creation and management of user accounts. In such cases, the terms “you” or “your” will refer to the entity and its affiliates. If you do not have this authority, you must not access or use the Services.

NOTICE REGARDING DISPUTE RESOLUTION:

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND NEXXTUP ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL—UNLESS YOU RESIDE IN THE EU/EEA OR IN JURISDICTIONS WHERE PROHIBITED—WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST NEXXTUP ON AN INDIVIDUAL BASIS, UNLESS YOU OPT OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

2. Accounts

Age Limit

The Services are intended only for persons who are at least 13 years old, or such higher age as may be required in your jurisdiction. If you are under the legal age to form a legally binding contract in your jurisdiction, you may use the Services only with the permission of your parent or legal guardian.

If you are a parent or legal guardian of a NEXXTUP user under the legal age to form a binding contract in your jurisdiction, you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms.

NEXXTUP always reserves the right to refuse access to the Services by users under the legal age, in our sole discretion.

Signing Up

To use the Services, you must sign up and create an account. By creating an account, you agree: (a) to provide accurate, current, and complete information about yourself (“User Data”); (b) to keep User Data up to date and make any changes as soon as possible; (c) that NEXXTUP may use your User Data to provide Services that you access or use and as set out in these Terms and our Privacy Policy; (d) to create only one account for your personal use and not to share your account or any paid subscription with others; (e) that activities associated with your account reflect authentic participation and are not intended to manipulate or misrepresent scores, rankings, ratings, or match outcomes; and (f) that NEXXTUP has the right to suspend or terminate your account and refuse current or future use of the Services if you violate these Terms, or as otherwise determined within NEXXTUP’s discretion.

Security

You are fully responsible for maintaining the confidentiality of your account password and for preventing unauthorized access to your account. You accept full responsibility for all activities that occur under your account or from your devices.

You agree to notify NEXXTUP immediately of any unauthorized access or use of your account or password, or any other breach of security. Unauthorized access to your account could expose your User Data and any other information or Content you provide to NEXXTUP to unwanted or unintended third parties.

Third-Party Integrations

You may sign up for or log in to your account via a third-party network, such as Google or Apple. If you do this, you authorize NEXXTUP to fill in the registration and other relevant information fields of your account and/or use such third- party credentials to log you into your account, based on those third parties’ privacy policies.

You may also choose to connect or share information with third-party apps, plugins, devices, or websites that integrate with the Services. Information collected by these third parties is subject to their own terms and policies, and NEXXTUP is not responsible for the terms or policies of third parties.

3. Fees and Payment

Subscription

Certain features of the Services are free. Whether you engage with free or paid (“subscription-only”) features of the Services, these Terms still apply. NEXXTUP has the right to add, modify, or discontinue any free or subscription-only feature at any time.

If you decide to access subscription-only features, you will need to pay subscription fees, plus any applicable taxes.

Depending on your jurisdiction and your banking provider, you may be charged additional fees (for example, a foreign
transaction fee) when you purchase a subscription.

Subscription fees are paid on a periodic billing cycle, depending on the subscription plan you choose. You agree to pay your subscription fees on time.

NEXXTUP has the right to increase subscription fees or add new fees at any time after giving reasonable notice. Changes in subscription fees will take effect on your next billing date, unless otherwise stated.

Payment

To pay any fees to NEXXTUP, you must select and provide information about your preferred payment method (for example, credit card, online payment service, or a third-party platform such as Apple App Store or Google Play) (the “Payment Method”). You authorize us to collect and use your payment information for payment of the fees. More information about how we process payment information is in our Privacy Policy.

No refunds or credits will be provided by NEXXTUP, unless set out in these Terms or required by applicable law.

Auto-Renewal

Your subscription will renew automatically at the start of every billing period, based on the plan you chose, and will continue until your subscription is canceled. Your subscription will auto-renew unless canceled at least 24 hours before the end of the current period (or such other period as disclosed in the applicable checkout flow).

Cancellation

You can cancel your subscription at any time through your account settings or the platform through which you subscribed (for example, Apple App Store or Google Play). The cancellation of your subscription will go into effect at the end of your current billing period. When your subscription ends, you will no longer have access to subscription-only features.

Cooling Off

If you reside outside the United States, you may be entitled under local law to change your mind and receive a full refund within a specified period (often 14 days) after subscribing.

Free Trials

We may offer free trials. Unless otherwise stated, free trials cannot be combined with other offers and will last for the duration stated in the offer. If you begin your subscription with a free trial, you will be billed for your subscription fee at the end of the free trial, unless you cancel at least 24 hours before the free trial ends.

4. Beta Features

NEXXTUP may make certain features available to you as part of a beta release, early access program, or similar opportunity to test or use the features (“Beta Features”). Beta Features may not be supported and may require you to update your version of the Services. Use of Beta Features is at your own risk and you understand that they may contain errors, design flaws, or other problems. The “Your Feedback” section of these Terms applies to any feedback you provide related to Beta Features. We may change or remove access to Beta Features at any time.

5. Ownership of Content

In these Terms, “Content” means any content created, shared, posted, submitted, transmitted, or made available in connection with the Services, such as text, images, videos, audio, event information, team names, messages, match data, scores, standings, rankings, ratings, brackets, or other data, whether posted or shared publicly, privately, or via a third-party integration or API. You will remain the owner of intellectual property rights (such as copyright) in your Content.

You agree and confirm that: (a) you own all Content shared, posted, or made available by you in connection with the Services, or that you have the legal right to use such Content; (b) your sharing, posting, or use of Content does not violate, misappropriate, or infringe on any rights of a third party, including privacy rights, publicity rights, copyrights, or other intellectual property rights; (c) you will be fully responsible for all royalties, fees, and any other obligations in connection with any Content you share, post, or use in connection with the Services; and (d) your relationship with NEXXTUP is not a confidential, fiduciary, or other type of special relationship, and your decision to submit any Content does not place NEXXTUP in a position different from that held by members of the general public, including with regard
to your Content.

If you believe any Content available on the Services violates your intellectual property rights, please contact us by reporting a violation as described in Section 20.

6. License

To provide the Services, we need permission to use your Content. This permission is called a license.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any of your Content and any name, username, or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed, without compensation to you. This includes permission to use your profile name, profile photo, and information about your participation or activities (including match results, scores, standings, rankings, and ratings) within the Services and in NEXXTUP communications and promotions consistent with our Privacy Policy. Except for Content that is public by nature or design within competitive contexts (including public profiles, public leaderboards, and historical tournament results), this license ends when your Content is deleted from NEXXTUP’s systems, subject to reasonable retention for legal compliance, fraud prevention, dispute resolution, safety review, and enforcement of these Terms.

You agree and confirm that you are able to give NEXXTUP any licenses, rights, or other permissions set out in these Terms.

7. Your Feedback

You may have the ability to provide comments, feedback, suggestions, ideas, original or creative materials, and other communications regarding the Services (collectively, “Feedback”). If you provide Feedback, you grant NEXXTUP a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display, and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import, and export products and services based on such Feedback. For this reason, do not send NEXXTUP any Feedback if you do not want to give us the license set out in this section. For the avoidance of any doubt, Feedback is not considered Content for the purposes of Section 6 (License).

8. Responsibility for Content and Conduct

We want all of our users to enjoy the Services in a safe and positive environment. For this reason, we maintain Policies, including an Acceptable Use Policy and Community Standards, which form part of these Terms.

ou are fully responsible for Content that you post, upload, share, transmit, or make available via the Services, including any illegal Content and any Content that misrepresents participation, scores, results, standings, rankings, or ratings.

NEXXTUP is not responsible for, and does not endorse, any Content. We do not guarantee any aspect of any Content, including its accuracy, completeness, usefulness, or quality. You accept all risks relating to use of the Services, including risks arising from reliance on the accuracy, completeness, usefulness, or quality of any Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, objectionable, or illegal. NEXXTUP may—consistent with relevant laws—screen, monitor, hide, restrict, refuse, or remove any Content that we find violates these Terms or is objectionable based on our Policies or standards. If you believe any Content violates our Policies, standards, or Terms, please report it to us.

You agree not to:

Manipulate scores, results, rankings, ratings, or tournament outcomes;
Use automated tools, bots, scripts, or data extraction tools to access or manipulate the Services;
Impersonate another person or entity;
Harass, threaten, or intimidate other users;
Upload false, misleading, or fraudulent Content;
Use the Services for unlawful purposes; or
Interfere with the integrity or security of the Services.

NEXXTUP makes no representation that any Content or Services are appropriate or available for use in your location. Access to or use of any Content or Services from locations where access or use is illegal is prohibited, and you are responsible for compliance with all local laws. You may not use or export Content or Services in violation of U.S. export laws and regulations.

9. Responsible Use of Geolocation Features and Real-World Activity

You accept all safety, security, and other risks associated with the use of geolocation features, tools, and technology on the Services, including location-based match discovery, venue mapping, event coordination, or any GPS-based activity logging. These risks may be greater depending on your circumstances. To the maximum extent permitted by law, NEXXTUP is not responsible for any such risks. You acknowledge and accept all safety, security, and other risks associated with participating in athletic activities, tournaments, pickup games, leagues, or other in-person activities organized or facilitated through the Services.

To the maximum extent permitted by law, NEXXTUP does not:

Supervise or officiate games;
Guarantee competitive fairness;
Ensure venue safety;
Inspect facilities or equipment;
Verify player skill levels or identities; or
Assume responsibility for injuries, disputes, or incidents occurring during participation.

You agree that you participate in all athletic activities at your own risk and that you are solely responsible for evaluating your physical condition, skill level, and safety.

The Services may facilitate participation in athletic activities and events. You acknowledge that athletic activities involve inherent risks, including injury, illness, property damage, or death. You agree that you participate at your own risk and are solely responsible for determining whether you are physically fit to participate and for taking appropriate precautions.

10. Privacy Controls

Your Content will not be subject to any obligation of privacy or confidence on the part of NEXXTUP, except as set out in our Privacy Policy and your chosen privacy controls, and NEXXTUP will not be liable for any use or disclosure of any Content you provide. Certain Content may be public by default when you sign up for the Services, unless you are under the age of 18 or unless otherwise stated in the Services. Our privacy controls may allow you to mark certain Content as private or available only to a limited group of users, where available.

You are responsible for the public nature of your Content if you do not choose to mark your Content as private or available for a limited group of users, or if you later change your choice to make such Content public.

11. Personalized Experience

Personalization is a core part of our Services. We may personalize your Services to provide you with a unique user experience, based on data relating to you, your use of the Services, and information about users similar to you. For example, we may use information such as your sport type, location, participation history, connections, clubs, engagement, and other data to decide what to show you, what matchups or events to suggest, what content to highlight, and how to present leaderboards or rankings.

Where offered, you may be able to set preferences that affect personalization. Personalization does not guarantee accuracy or outcomes and is provided for informational and entertainment purposes.

12. Personal Use

The Services are for your personal use only. You may not charge any person for any part of the Services, use of the Services, or access to Content. Unless NEXXTUP agrees otherwise in writing, you cannot use the Services for business-related purposes.

NEXXTUP reserves the right to enter into separate agreements for commercial or enterprise use.

13. Third-Party Products

To use some features of the Services, you may decide to purchase or use third-party products or services. Even if NEXXTUP recommends a third-party supplier, product, or service, we will have no responsibility for anything relating to your purchase or use of the third-party product or service, and we do not guarantee that any third-party product or service will work with the Services or be error-free.

Through the Services, either NEXXTUP or third parties may provide links or advertisements to third-party internet sites or resources. NEXXTUP does not endorse and is not responsible for any Content, information, advertising, products, or
other materials on or available from such sites or resources. You acknowledge and agree that NEXXTUP is not responsible for the availability of such external sites or resources.

The Services may display products and services sponsored, shown, or offered by third parties. If you decide to deal with a third party or explore or purchase any of their products or services, you are dealing and contracting directly with that third party, and not with NEXXTUP. NEXXTUP is not a party to any terms between you and the third party. YOU AGREE THAT NEXXTUP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTIES AVAILABLE VIA THE SERVICES.

14. Communications

The Services provide the ability to communicate with others, including third-party businesses, your contacts, other users, and NEXXTUP. You agree and confirm: (a) you have the right to communicate with your contacts via the Services and you are fully responsible for any charges to use or communicate via the Services; (b) to use available communication methods consistent with these Terms and our Policies, and for purposes relevant to the Services; (c) your communications will be considered your Content and will be governed by these Terms and relevant laws; (d) depending on your settings and the method of communication, communications may be public; (e) communications with third parties are not endorsed, sponsored, or approved by NEXXTUP unless expressly stated; (f) NEXXTUP may pre-review, post-review, screen, archive, or otherwise monitor communications consistent with and to the extent permitted by law; and (g) all notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

SMS and Push Notifications

If you opt in to receive SMS or push notifications, you consent to receive transactional and informational messages relating to events, scores, match assignments, and account notices. Message and data rates may apply. You may opt out of SMS by following the instructions in the message, where applicable.

15. Other Users

The Services are a place to connect users virtually in order to share experiences and information. NEXXTUP is a neutral party to any interactions between users, and we are not responsible for these interactions or any information shared between users. We have no responsibility to confirm the identity of our users or any other information about them, such as qualifications, background, or abilities. You must always use common sense and good judgment when dealing with any other users. NEXXTUP is not liable for disputes, injuries, damages, or claims arising from interactions between users.

16. Your Contacts

If you choose to use features of our Services that require you to provide contact information of third parties, we will process this information as described in the Privacy Policy. You confirm that you are authorized to provide us with any contact information. NEXXTUP will not be responsible if any third-party contact information is provided without authority or against these Terms.

17. Professional or Verified Players

If you meet NEXXTUP’s requirements for a verified badge or similar designation, you may be eligible to verify your account, place a badge on your profile, and unlock certain benefits. Having verified status does not change any of your obligations under these Terms. We have the right to issue or remove verified status (along with any linked benefits) at our discretion, including for failure to meet program requirements or violations of these Terms.

18. Clubs

The Services may offer the ability to create clubs, teams, leagues, or event groups (“Clubs”). We may choose to verify some Clubs and place a badge on their profile if they meet requirements we establish. We have the right to remove or transfer ownership of Clubs, remove a Club’s Content, remove a Club’s verified status and badge, or remove a Club from the Services at any time. If you request a transfer of ownership of a Club, we may require you to provide documentation.

If you create or administer a Club, you are responsible for ensuring that your Club: (a) complies with these Terms and our Policies; (b) does not claim, suggest an affiliation with, or impersonate NEXXTUP by using NEXXTUP’s intellectual property or in any other way; (c) has the right to use or post all Club-related Content, including names, logos, trademarks, or other intellectual property; and (d) does not use the Club to advertise or promote contests, sweepstakes, or other promotions in a manner we deem inappropriate.

19. Proprietary Rights

You acknowledge and agree that the Services, any software used in connection with the Services, any aggregated data based on Content on the Services, and any Content made available on the Services contain proprietary and confidential information protected by intellectual property and other laws. This information may belong to NEXXTUP or third parties.

Unless expressly allowed by law or authorized by NEXXTUP, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the software, or Content available on the Services (other than Content you submit), in whole or in part. NEXXTUP grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services, provided that you do not (and do not allow any third party to) copy, modify, display, perform, reproduce, transmit, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or aspect of the Services, except where permitted by law.

You agree not to access the Services by any means other than through the interfaces that are provided by NEXXTUP. You are prohibited from accessing any data on the Services that you are not expressly authorized to access. Automated access to or collection of data from the Services—by any means, including data mining, robots, screen scraping, scripts,
or similar tools—is prohibited. You may create a text hyperlink to the Services for personal use, provided the link does not portray NEXXTUP in a false, misleading, derogatory, or defamatory manner and the site where you place the link does not contain illegal or objectionable material.

The term NEXXTUP, the NEXXTUP logo, the look and feel of the Services, and all other NEXXTUP marks are trademarks of NEXXTUP. Any third-party trademarks displayed on the Services are the property of their respective owners. NEXXTUP reserves all rights not expressly granted in these Terms. We may withdraw any licenses, rights, or permissions given to you in these Terms at any time.

20. Claims of Infringement

The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. NEXXTUP also reviews claims of trademark
infringement.

If you believe in good faith that materials hosted by NEXXTUP infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NEXXTUP to locate the material on the Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NEXXTUP will not respond to complaints that do not meet these requirements. We may share your information with third parties when we forward DMCA-compliant notifications, which will be forwarded as submitted without deletions. If we determine that the materials alleged to infringe do not require removal, we will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which NEXXTUP may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

NEXXTUP Copyright Agent, 632 South Sixth Street, Suite R, Las Vegas, NV 89101, USA, support@nexxtup.com.

21. DISCLAIMER OF WARRANTIES

THE SERVICES AND ANY CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. NEXXTUP AND ITS SUBSIDIARIES, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NEXXTUP AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT: (A) THE SERVICES OR ANY CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY CONTENT WILL BE ACCURATE OR RELIABLE; AND (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ANY ATHLETIC ACTIVITIES DONE PURSUANT TO OR RELATED TO YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM. YOU EXPRESSLY AGREE THAT ANY INFORMATION SHARED VIA THE SERVICES OR ANY CONTENT, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES, IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHALL NOT BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE OF ANY NATURE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CONSULT A PHYSICIAN OR OTHER QUALIFIED PROVIDER PROMPTLY. YOU EXPRESSLY AGREE THAT NEXXTUP DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, EVENT, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES.

22. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE TO RELEASE NEXXTUP, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES AND ANY CONTENT, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING OUT OF OR
IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY PRODUCT, SERVICE, GOOD, OR APPLICATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF NEXXTUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NEXXTUP’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER
OF EITHER (A) FIFTY DOLLARS ($50), OR (B) THE AMOUNT OF FEES PAID BY YOU TO NEXXTUP IN THE 12 MONTHS PRIOR TO THE DATE OF THE CLAIM.

If you live in a jurisdiction that does not allow for certain disclaimers, limitations, or exclusions, some or all of the disclaimers, exclusions, or limitations in these Terms may not apply to you. Solely to the extent that any of the disclaimers, exclusions, or limitations in these Terms does not apply to you, all remaining disclaimers, exclusions, and limitations that do apply shall continue to apply to your use of the Services and the Content.

23. Artificial Intelligence

As part of providing the Services, we may use and develop artificial intelligence (“AI”) and machine learning (“ML”) to provide features designed to enhance your experience and improve the Services (“AI Features”). AI technologies have known and unknown risks and limitations and may make mistakes; you understand and agree that you use AI Features at your own risk. You should use common sense and good judgment before relying on any AI-generated recommendations, rankings, or insights. Nothing in this section takes away from any other sections in these Terms where we disclaim warranties and limit or exclude liability. You can learn more about how we use AI in our Privacy Policy.

24. Indemnity

You agree to indemnify and hold NEXXTUP and its subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: Content you submit, post, transmit, or otherwise seek to make available through the Services (including as a Club administrator); your use of the Services; your athletic activities which generate the Content you post or seek to post on the Services (including, but not limited to, athletic activities in connection with any contests, matches, leagues, tournaments, events, or group activities which NEXXTUP sponsors, organizes, participates in, or whose Services are used in connection with); your connection to the Services; your violation of these Terms or other applicable laws; your violation of any data protection or privacy laws; or your violation of any rights of another person or entity. This indemnification will apply to the fullest extent permitted by the laws of your jurisdiction.

25. Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice:

If you have a complaint regarding the Services that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

26. Dispute Resolution

Users in the EU/EEA

If you live in the EU/EEA, the remaining sections below (governing arbitration, class-action waiver, small claims court exception, thirty-day right to opt out, time limitation of claims, and choice of law and forum) may not apply to you where prohibited by applicable law. Instead, applicable local laws may allow you to take legal action in your Member State and to invoke certain mandatory consumer protection laws.

Arbitration

Before any party may begin a lawsuit or arbitration, the parties will use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations.

Except for disputes relating to NEXXTUP’s intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), or if you opt out of this agreement to arbitrate, all claims arising out of or relating to these Terms or the Services will be finally settled by binding arbitration administered by [PLACEHOLDER –
JAMS or AAA] in accordance with its consumer-related dispute procedures, excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any court or agency, will have exclusive authority to resolve all disputes arising out of or relating to these Terms, including any claim that all or any part of these Terms is void or voidable. The arbitrator will be
empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for arbitration exceeds the cost of filing a lawsuit, NEXXTUP will pay the additional cost, to the extent required by the arbitration provider’s rules and applicable law.

You and NEXXTUP expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if NEXXTUP is a party to the proceeding.

Mass Arbitration / Related Cases

If your arbitration demand involves claims similar to those made by 15 or more other users, and if you and those other users are represented by the same lawyers, or by lawyers coordinating with each other, you agree that these claims will be considered “Related Cases.” Related Cases may only be filed in batches of up to 20 individual arbitrations at a time, and those arbitrations will proceed on a bellwether basis similar to the process described in the Policies or provider rules. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims.

This Dispute Resolution provision will be governed by the Federal Arbitration Act. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, and that discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties agree that any arbitration will be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that this class-action waiver is void or unenforceable, then the arbitration provision will be deemed null and void in its entirety.

Exception—Small Claims Court

Despite the agreement to resolve disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class-action waiver provisions by sending written notice of your decision to opt out to: NEXXTUP, Inc., Attn: Legal Department (Opt-out), 632 South Sixth Street, Suite R, Las Vegas, NV 89101, USA. The notice must be sent within 30 days of signing up to use the Services; otherwise, you will be bound to arbitrate disputes in accordance with these Terms. If you opt out of the arbitration provisions, NEXXTUP will also not be bound by them.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with NEXXTUP, these Terms, or the Services must be filed within one year after such claim arose; otherwise, your claim will be permanently barred, unless prohibited by law.

Choice of Law and Forum

Any action or legal proceedings arising out of or related to these Terms, Content, the Services, or your relationship with NEXXTUP will be governed by and interpreted in accordance with the laws of the State of Nevada, without regard to conflict of laws principles, and will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Subject to the section entitled “Dispute Resolution,” the parties consent to bring any action to enforce these Terms in the federal or state courts located in Nevada, and consent to the exclusive jurisdiction of such courts.

27. Termination

You agree that NEXXTUP may, under certain circumstances and without prior notice, immediately suspend or terminate
your account and/or access to the Services. Cause for such suspension or termination includes: (a) breaches or violations of the Terms or Policies; (b) requests by law enforcement or other government agencies; (c) a request by you (account deletions); (d) discontinuance or material modification to the Services; (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) nonpayment of any fees owed by you in connection with the Services.

Termination may include removal of access to offerings within the Services; deletion of your information, files, and Content associated with your account; and barring your further use of the Services. You agree that all suspensions or terminations for cause will be made in NEXXTUP’s sole discretion and that NEXXTUP will not be liable to you or any third party for any suspension or termination.

The following Sections will survive termination: Ownership of Content, License, Your Feedback, Responsibility for Content and Conduct, Clubs, Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Artificial Intelligence, Indemnity, Dispute Resolution, and General.

28. General

You agree that no joint venture, partnership, joint controllership, employment, or agency relationship exists between you and NEXXTUP as a result of these Terms or your use of the Services. These Terms make up the entire agreement between you and NEXXTUP with respect to your use of the Services. The failure of NEXXTUP to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account, your rights, or your obligations under these Terms without NEXXTUP’s prior written consent. NEXXTUP has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and to delegate or use third-party contractors to fulfill its duties and obligations. NEXXTUP’s notice to you via email, regular mail, in-app notices, or notices posted on the Services will constitute acceptable notice under these Terms. A printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent as other business documents and records. Section titles and headings are for convenience only and have no legal or contractual effect. Any rights not expressly granted in these Terms are reserved.

29. Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. NEXXTUP reserves the right to update the Terms at any time and for any reason in its sole discretion. We will notify you in advance of any material changes to the Terms, where required by law.

By continuing to access or use the Services after we have provided notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services and delete your account. NEXXTUP may make improvements and/or changes in the Services and prices at any time. NEXXTUP reserves the right to modify or discontinue, temporarily or permanently, the Services or any part of the Services with or without notice. You agree that NEXXTUP will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

30. Support and Questions

For questions regarding the Services and these Terms, please contact us at support@nexxtup.com.