Terms of Service

Important notice. These Terms are a binding agreement. Section 20 contains an agreement to resolve most U.S. disputes through individual arbitration, a class-action waiver, and a jury-trial waiver. You may reject that arbitration agreement within 30 days as explained in Section 20. Nothing in these Terms limits a right that cannot lawfully be limited.

These Terms of Service (the “Terms”) govern your access to and use of the Midgame iOS application, midgame.bet, and the analytics, alerts, notifications, Live Activities, content, paid features, and other services we make available through them (collectively, the “Service”). The Service is provided by Midgame, Inc. (“Midgame,” “we,” “us,” or “our”).

Please read these Terms, our Privacy Policy, and, if you purchase paid features, our Subscription Terms. If you do not agree, do not access or use the Service.

#1. Agreement and scope

You agree to these Terms by creating an account, accessing or using the Service, tapping a button that indicates acceptance, or otherwise accepting them where we present them. If you use the Service for an organization, you represent that you have authority to bind that organization, and “you” includes both you and that organization.

These Terms apply to registered accounts, guest accounts, website visitors, free features, trials, and paid features. Additional terms may accompany a specific feature, promotion, referral program, or purchase. Those additional terms become part of this agreement when you use the applicable feature. If they conflict with these Terms, the more specific terms control for that feature. The Subscription Terms control for billing, renewal, cancellation, and refunds relating to paid features.

The Service is offered from the United States. Availability in a country, state, or region does not represent that the Service—or any action you might take outside the Service—is lawful or appropriate there.

#2. Eligibility and age

You may use the Service only if you:

• are at least 18 years old and have reached the age of legal majority where you live;
• can form a binding contract with Midgame;
• are not barred from using the Service under applicable law; and
• comply with these Terms and all laws that apply to you.

The legal age for sports wagering can be higher than 18 and differs by location. Midgame does not determine whether you are eligible to use any independent third-party wagering service. If you choose to visit one, you are solely responsible for satisfying its age, identity, location, self-exclusion, and other eligibility rules.

We may request truthful age, date-of-birth, state, or other eligibility information. You must not evade an age gate, misstate your age or location, or help anyone else do so. We may restrict or terminate access when we reasonably believe eligibility information is inaccurate or use is prohibited.

#3. What Midgame is—and is not

Midgame is a sports analytics and information service. Depending on the feature and sport, the Service may display live and pregame scores, market information, consensus information, statistical trends, game status, historical results, rules you configure, and alerts derived from available data.

Midgame is not a sportsbook, bookmaker, casino, broker, investment adviser, fiduciary, financial institution, or gambling operator. Midgame does not:

• accept, place, match, book, or settle wagers;
• set the terms of a wager offered by an independent operator;
• take custody of deposits, stakes, winnings, or payment credentials for wagering;
• determine whether an external operator will accept, grade, void, or pay a wager; or
• provide legal, tax, financial, investment, or responsible-gambling treatment advice.

Links or actions that open an independent third-party service take you outside Midgame. Any transaction occurs solely between you and that third party under its terms. Midgame is not a party to that transaction and is not responsible for it.

#4. Analytics are informational; outcomes are uncertain

Sports are unpredictable. Data can be wrong, delayed, incomplete, corrected, suspended, or unavailable. Markets can move or close before an alert arrives. A displayed price, trend, percentage, score, clock, injury, lineup, status, or other item may differ from the source available to you. Device settings, network conditions, provider outages, market suspensions, background execution limits, and notification systems can affect delivery.

Accordingly:

• no alert, trend, model output, signal, label, historical percentage, or other content is a promise, guarantee, recommendation, or representation that an event will occur;
• historical results and recent form do not predict future performance;
• content described as a trend reflects historical data within the identified sample and should not be treated as a universal or forward-looking success rate;
• an alert does not guarantee that any price, line, market, or opportunity remains available; and
• you must independently verify information before relying on it.

You assume all risk arising from decisions you make using or after viewing the Service. Never stake funds you cannot afford to lose. If gambling is causing harm, stop and seek help. In the United States, call or text 1-800-GAMBLER. Responsible-use controls in the Service are supplemental tools, not medical care, legal restrictions, or a guarantee that access to third-party services will be blocked.

#5. Accounts and authentication

Some features require a registered or guest account. You agree to provide accurate, current, and complete information and to keep it accurate. You may not impersonate another person, create an account for someone without authority, transfer an account, sell access, or use an account after permission has been withdrawn.

You are responsible for safeguarding your device, authentication methods, recovery channels, and credentials, and for activity reasonably attributable to your account. Do not share verification codes, session tokens, or account access. Notify support@midgame.bet promptly if you suspect unauthorized access. We may require verification, revoke sessions, or temporarily restrict an account to protect the Service or a user.

Guest access is not a promise that data or entitlements can be restored if you lose access to the device or guest session. Apple sign-in, phone verification, app-store purchases, and other third-party authentication or platform services are also governed by the provider’s terms.

#6. License and permitted use

Subject to these Terms, Midgame grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own lawful, non-commercial use. The application and content are licensed, not sold. No rights are granted by implication.

You may not use the Service to operate a commercial alert service, resell or redistribute data, train a model, create a competing dataset or product, syndicate content, or provide access to others unless Midgame gives you prior written permission. A paid subscription does not expand the license beyond personal use.

#7. Prohibited conduct

You must not, and must not help or permit another person to:

• violate a law, regulation, court order, contractual restriction, or third-party right;
• use the Service while underage, prohibited, self-excluded, or otherwise ineligible;
• copy, reproduce, republish, frame, mirror, sell, license, scrape, harvest, or systematically extract the Service or its data;
• use bots, crawlers, scripts, browser automation, unofficial clients, or automated queries except with our written permission;
• reverse engineer, decompile, disassemble, decipher, or attempt to discover source code, models, ranking logic, security controls, or non-public APIs, except to the limited extent a restriction is prohibited by law;
• bypass a paywall, usage limit, authentication control, rate limit, region control, or technical protection;
• probe, scan, test, exploit, disrupt, overload, or interfere with the security, integrity, or operation of the Service;
• introduce malware, malicious code, corrupted data, or content intended to compromise a device or system;
• access another user’s account or personal information without authorization;
• submit false, fraudulent, infringing, abusive, discriminatory, threatening, or unlawful material;
• manipulate referrals, promotions, entitlements, subscription status, engagement records, or reported outcomes;
• remove ownership, attribution, copyright, trademark, or other proprietary notices;
• use Midgame branding in a way that implies sponsorship, endorsement, or affiliation; or
• use the Service for any purpose that creates unreasonable risk or liability for Midgame, our users, providers, or partners.

We may investigate suspected misuse and cooperate with lawful requests. We are not required to monitor all activity, and a failure to act in one instance does not waive our rights.

#8. Your information, submissions, and feedback

You retain ownership of information you submit, such as profile information, preferences, custom rules, support messages, reports, referral information, and feedback (“Your Content”). You grant Midgame a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, transmit, and otherwise process Your Content only as reasonably necessary to provide, secure, support, improve, and comply with law concerning the Service. This license lasts for as long as needed for those purposes, subject to our Privacy Policy.

You represent that you have the rights and permissions needed to submit Your Content and that our permitted processing of it will not violate law or another person’s rights. Do not send confidential information through a general feedback or support channel unless we ask for it.

If you voluntarily provide an idea, suggestion, or product feedback, you grant Midgame a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation. This feedback license does not give us ownership of personal information contained in the feedback; our Privacy Policy still applies to that information.

#9. Midgame and third-party intellectual property

Midgame and its licensors own the Service, including its software, design, interfaces, compilation, text, graphics, brand elements, features, models, and other content, excluding Your Content and third-party material. These rights are protected by intellectual-property and unfair-competition laws.

Sports names, league and team marks, player names, statistics, market information, and other third-party content belong to their respective owners or licensors. Their appearance is descriptive and does not imply that a league, team, player, data provider, Apple, or wagering operator sponsors, endorses, or is affiliated with Midgame.

If you believe material in the Service infringes your rights, send a detailed notice to legal@midgame.bet identifying the work, the allegedly infringing material and its location, your contact information, a good-faith statement, an accuracy-and-authority statement under penalty of perjury where applicable, and your physical or electronic signature. We may remove or restrict material and may forward the notice to the person who supplied it.

#10. Third-party data and services

The Service depends on third parties, including Apple platform services, network providers, authentication providers, subscription infrastructure, sports-data licensors, notification systems, diagnostic tools, and external destinations. Their content and services can change, fail, restrict access, or become unavailable without notice.

Midgame does not control and is not responsible for an external service’s content, privacy practices, security, availability, prices, market rules, eligibility decisions, transaction grading, refunds, or conduct. Review the third party’s terms and privacy notice before using it. A link is provided for convenience and does not itself constitute an endorsement.

Where Midgame receives compensation or another benefit associated with a third-party relationship, any disclosure required by law will be presented in the relevant context. No such relationship changes your responsibility to evaluate an external service independently.

#11. Alerts, notifications, and Live Activities

Alerts, push notifications, Live Activities, Dynamic Island presentations, emails, and similar messages are convenience features. They are not guaranteed to be delivered, displayed, current, complete, or error-free. Delivery may be delayed, duplicated, reordered, truncated, or prevented by Apple, the operating system, connectivity, power settings, permissions, quiet hours, rate limits, provider performance, or other factors outside our control.

Do not rely on a Midgame message for a time-critical action. The state shown on your device may remain visible after underlying information changes. You are responsible for device settings, notification permissions, and verifying the current status within the Service or an authoritative third-party source.

You can adjust available notification and responsible-use settings in the app or system settings. Disabling a notification does not necessarily cancel a paid subscription or delete an account.

#12. Paid features and subscriptions

Paid features are governed by these Terms and the Subscription Terms. The price, billing period, trial eligibility, renewal date, and other offer terms shown in Apple’s purchase confirmation for your storefront are the controlling offer terms. Product examples, prior prices, or marketing copy do not override that purchase screen.

Subscriptions renew automatically unless canceled through Apple before the renewal time Apple displays. Deleting the app, disabling notifications, signing out, or requesting account deletion does not cancel an Apple subscription. Midgame does not receive or store your complete payment-card number for App Store purchases. Apple controls payment processing and refund requests under its rules and applicable law.

#13. Referrals and promotions

If Midgame offers a referral, trial, discount, or promotional benefit, the offer may include additional eligibility, timing, territory, account, device, and redemption conditions. Unless the offer states otherwise:

• benefits have no cash value, are personal, non-transferable, and cannot be combined or sold;
• self-referrals, duplicate accounts, automated distribution, misleading promotion, and manipulation are prohibited;
• qualification may depend on a new user completing specified steps and remaining eligible;
• one person or device may be limited to one benefit;
• taxes, if any, are the recipient’s responsibility; and
• we may withhold or reverse an unearned or fraudulently obtained benefit.

We may modify or end a promotion prospectively, subject to applicable law and any specific promise concerning a benefit already validly earned.

#14. Privacy

Our Privacy Policy explains how Midgame handles personal information. It is incorporated into these Terms by reference as a notice of our practices, but it does not create a waiver of any privacy right. You are responsible for reviewing the current policy and for obtaining any permission required before giving us another person’s information.

#15. Service availability, testing, and changes

We may add, remove, test, limit, suspend, or change features, sports, markets, data sources, interfaces, eligibility, limits, or content. A feature may be labeled beta, preview, experimental, or otherwise unfinished. Such features may contain more errors, change without notice, or be discontinued.

We do not promise continuous or uninterrupted operation. Maintenance, licensing changes, data-provider restrictions, legal requirements, security incidents, Apple platform changes, and events outside our control may affect the Service. Where required by law, we will provide notice or a remedy for a material change to a paid feature during a paid term.

#16. Suspension, termination, and account deletion

You may stop using the Service at any time. You can start the account-deletion process in the app or contact privacy@midgame.bet. Account deletion is governed by the Privacy Policy and the instructions shown in the app.

We may limit, suspend, or terminate access if we reasonably determine that you violated these Terms, created risk or possible legal exposure, engaged in fraud or abuse, failed eligibility checks, requested deletion, or if suspension is needed to protect the Service or another person. When practicable and lawful, we may give notice and an opportunity to address the issue. We may also discontinue the Service.

Termination ends the license granted to you, but provisions that by their nature should survive will survive, including ownership, feedback rights, disclaimers, limitations of liability, indemnity, dispute terms, and general provisions. Termination or deletion does not automatically cancel an app-store subscription or eliminate obligations accrued before termination.

#17. Disclaimers

To the maximum extent permitted by law, the Service and all content are provided “as is” and “as available.” Midgame and its officers, directors, employees, affiliates, licensors, and service providers disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, timely, or compatible with every device; that defects will be corrected; that data or alerts will be accurate, complete, or current; or that use will produce a particular result, profit, outcome, or opportunity. No oral or written statement creates a warranty unless these Terms expressly say it does.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted, and non-waivable rights remain available.

#18. Limitation of liability

To the maximum extent permitted by law, Midgame and its officers, directors, employees, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; loss of profits, revenue, goodwill, use, opportunity, or data; wagering losses; cost of substitute services; or damages arising from inaccurate or delayed sports data, market movement, an unavailable third-party service, notification failure, unauthorized account access, or reliance on Service content, regardless of legal theory and even if advised that damages were possible.

To the maximum extent permitted by law, the aggregate liability of the Midgame parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of US $100 or the amount you paid Midgame for the Service during the 12 months immediately before the event giving rise to the claim.

These limitations do not apply to liability that cannot lawfully be excluded or limited, which may include liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or violation of certain statutory consumer rights. The limitations are an essential basis of the agreement and apply even if a remedy fails of its essential purpose.

#19. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Midgame and its officers, directors, employees, affiliates, licensors, and service providers from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising from: (a) your unlawful or prohibited use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of another person’s rights.

This obligation does not require a consumer to indemnify Midgame for Midgame’s own fraud, willful misconduct, gross negligence, or violation of law. We may control the defense of an indemnified claim, and you agree to cooperate. You may not settle a claim in a way that admits fault by or imposes an obligation on Midgame without our written consent.

#20. Disputes, arbitration, and class-action waiver

This section applies only to users in the United States. It affects the forum in which disputes are resolved. Please read it carefully.

#Informal resolution first

Before starting arbitration or a lawsuit, the claimant must send an individualized written notice describing the claimant’s name and account contact information, the facts and legal basis of the dispute, the specific relief requested, and a good-faith calculation of any monetary demand. Send notices to legal@midgame.bet with the subject “Notice of Dispute.” Midgame will send its notice to the email or address associated with your account.

The parties will confer in good faith for at least 60 days after a complete notice is received. Any limitations period is tolled during that period. If the dispute is not resolved, either party may proceed as described below.

#Agreement to individual arbitration

Except for the exclusions below, you and Midgame agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, a purchase, marketing, privacy, or the relationship between you and Midgame will be resolved by final, binding individual arbitration, not in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be administered by JAMS under its rules applicable to consumer disputes, as modified by these Terms. If JAMS is unavailable or unwilling to administer the dispute, the parties will select another nationally recognized arbitration provider; if they cannot agree, a court with jurisdiction will appoint one. The proceeding may occur by video, telephone, documents, or in the county where you live, unless the parties agree otherwise. Consumer filing and arbitrator fees will be allocated under the administrator’s rules and applicable law. Midgame will not seek attorney’s fees from a consumer unless the arbitrator finds the claim frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11.

The arbitrator may award the same individualized remedies a court could award, subject to these Terms, but may grant relief only to the individual claimant and only as necessary to resolve that claimant’s claim. The arbitrator will issue a reasoned written decision. A court with jurisdiction may enter judgment on the award.

#Exclusions from arbitration

Either party may: (a) bring an individual action in small-claims court if it remains within that court’s jurisdiction; (b) seek temporary or preliminary court relief necessary to protect intellectual-property rights or prevent unauthorized access, security abuse, or imminent harm while arbitration is pending; or (c) pursue a claim that applicable law says cannot be arbitrated. A request for public injunctive relief that cannot lawfully be waived or arbitrated will be decided by a court after any arbitrable claims are resolved.

#Class, representative, and jury waivers

You and Midgame waive the right to a jury trial. You and Midgame also agree that each may bring claims only in an individual capacity—not as a plaintiff, claimant, class member, or private attorney general in a class, consolidated, collective, coordinated, or representative proceeding. Unless every affected party agrees in writing, an arbitrator may not combine claims or preside over any class, collective, coordinated, or representative proceeding.

If a final decision determines that the class or representative waiver cannot be enforced as to a particular claim or request for relief, only that claim or request will be severed and heard in court; the remainder will be arbitrated.

#Opting out

You may reject this arbitration agreement by emailing legal@midgame.bet within 30 days after the date you first accept these Terms. Use the subject “Arbitration Opt-Out” and include your full name, the email or phone number associated with your account, and an unambiguous statement that you reject arbitration. Opting out will not affect your access to the Service or any other part of these Terms. An opt-out applies only to the individual who submitted it and only if timely and complete.

#Governing law and court venue

California law governs these Terms, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs arbitration and mandatory law in your home jurisdiction remains applicable where it cannot be waived. For a dispute properly excluded from arbitration, you and Midgame consent to the personal jurisdiction and exclusive venue of the state and federal courts located in Orange County, California, except that an eligible small-claims action may be filed where permitted.

This Section survives termination. Any material change to this arbitration section will not apply retroactively to a dispute for which the parties had actual notice before the change, unless applicable law permits otherwise.

#21. Apple terms

These Terms are between you and Midgame, not Apple Inc. (“Apple”). Midgame, not Apple, is solely responsible for the Service and its content, subject to these Terms. Your license is limited to use on Apple-branded products you own or control as permitted by the Apple Media Services Terms and applicable Usage Rules, including access through Family Sharing or volume purchasing where Apple permits it.

Apple has no obligation to provide maintenance or support. To the extent any warranty is required and cannot be disclaimed, you may notify Apple and Apple may refund the purchase price, if any, for the application; to the maximum extent permitted by law, Apple has no other warranty obligation. Midgame, not Apple, is responsible for addressing claims concerning the application, including product-liability, regulatory, consumer-protection, or intellectual-property claims, to the extent required by these Terms or law.

You represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. government restricted-party list. You must comply with applicable third-party terms when using the Service. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it against you.

#22. Export controls and sanctions

You may not access, export, re-export, transfer, or use the Service in violation of U.S. or other applicable export-control, trade, or sanctions laws. You represent that you are not a prohibited or restricted party and will not use the Service for a prohibited end use. We may restrict access when necessary to comply with these laws.

#23. Changes to these Terms

We may revise these Terms to reflect changes in the Service, law, risk, or our practices. We will post the revised version and update the “Last revised” date. If a change is material, we will provide additional notice when required, such as an in-app message or email, and will state when it takes effect.

Changes apply prospectively. Your continued use after the effective date means you accept the revised Terms to the extent permitted by law. If you do not agree, stop using the Service and cancel any subscription before its next renewal. A change does not eliminate a refund, notice, consent, or other right that applicable law requires.

#24. General terms

These Terms, the Privacy Policy, the Subscription Terms where applicable, and any feature-specific terms are the entire agreement between you and Midgame concerning the Service and supersede prior agreements on the same subject. Section headings are for convenience. “Including” means “including without limitation.”

If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective, except as specifically stated in the arbitration section. A waiver must be in writing and is not a continuing waiver. We may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or by operation of law. You may not assign them without our written consent.

Midgame is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, civil unrest, labor disputes, internet or utility failures, cyberattacks, provider outages, platform changes, data-feed interruption, government action, or changes in law. There are no third-party beneficiaries except Apple as expressly stated. Nothing creates an agency, partnership, joint venture, fiduciary, employment, or franchise relationship.

Electronic notices satisfy legal writing requirements where permitted. You are responsible for keeping account contact information current. Notices to Midgame must be sent to the address or email stated below unless a section requires a specific method.

#25. Contact Midgame

Questions about these Terms may be sent to:

Midgame, Inc.
3857 Birch Street, #3396
Newport Beach, CA 92660
United States

• Legal: legal@midgame.bet
• Support: support@midgame.bet
• Privacy: privacy@midgame.bet

Please do not send passwords, verification codes, full payment-card numbers, or other unnecessary sensitive information by email.