Winapoolooza Terms of Service

Last Updated: August 5, 2026 Effective Date: August 5, 2026 Version: 1.3

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you ("you," "User") and Winapoolooza LLC, a Florida limited liability company ("Winapoolooza," "we," "us," "our").

These Terms govern your access to and use of the Winapoolooza websites (including winapoolooza.com and winapoolooza.app), our mobile applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service. If you access the Service through the Apple App Store or Google Play, the additional terms in Section 21 also apply.

NOTICE: Section 17 contains a binding arbitration provision, class action waiver, and jury trial waiver that affect your legal rights, with a right to opt out within 30 days. Please read it.

2. Eligibility and Age Requirements

You must be at least sixteen (16) years old to create an account or use the Service.

By using the Service you represent and warrant that: (a) you meet the age requirement; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from using the Service under applicable law; (d) your use of the Service complies with all laws applicable to you; and (e) 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 as a "terrorist-supporting" country, and you are not on any U.S. Government list of prohibited or restricted parties.

We may require proof of eligibility at any time and may suspend or terminate any account we reasonably believe does not meet these requirements.

3. Description of the Service

Winapoolooza is a platform for creating, managing, and participating in sports prediction pools for entertainment purposes.

A "Commissioner" creates a pool by selecting a format (for example, against-the-spread pick'em, survivor, margin-of-victory, playoff, or bowl formats we make available), configuring the available settings, and inviting participants.
"Players" join a pool by invitation, submit predictions ("picks") for scheduled sporting events, and are ranked on leaderboards.
Results are scored automatically using data from third-party sports data providers.
The Service includes optional social and cosmetic features, such as profiles, achievements, a "Flex Score" status number, in-pool messaging, and cosmetic customization items.
We may also offer official or public pools operated by us or our designees. Additional rules may apply to those pools and will be presented where applicable.

The Service is neutral scorekeeping and entertainment infrastructure: it records Users' picks, retrieves publicly available sporting results from third-party data providers, applies each pool's scoring rules, and displays standings. The Service neither creates, requires, nor depends on any exchange of money among Users.

We may add, modify, suspend, or discontinue any part of the Service at any time.

4. ENTERTAINMENT ONLY: NO GAMBLING, NO WAGERING, NO PRIZES

This section is material to your agreement. Read it carefully.

4.1 No money in the Service. The Service does not accept, hold, escrow, transfer, distribute, or pay out money or anything of value in connection with any pool. We do not charge entry fees for pools. We do not collect stakes. We do not award cash, cash-equivalent, or other prizes for pool performance. There is no wagering functionality in the Service.

We take no commission, rake, fee, or percentage of (and derive no revenue from) any money or thing of value that Users exchange with one another. Our only revenue is Commissioner subscription fees and purchases of virtual items (Sections 6 and 7), neither of which is a wager, entry fee, or stake, and neither of which is related to, or affected by, the outcome of any pool.

4.2 No monetary value. Any points, scores, in-game "risk" amounts, standings, achievements, Flex Score, Poolooza Coins, cosmetic items, or other virtual items are for entertainment only. They: - have no monetary value; - are not currency, credits, tokens, securities, or property; - are not redeemable, exchangeable, or convertible into money or anything of value; and - cannot be transferred, sold, or traded except as we expressly permit within the Service.

4.3 Not a gambling service. Winapoolooza is not a sportsbook, casino, betting exchange, daily-fantasy operator, sweepstakes operator, or gambling operator, and does not offer gambling, betting, or wagering of any kind.

4.4 Off-platform arrangements are prohibited and are not our responsibility. You agree that you will not use the Service to organize, promote, administer, solicit, collect, track, settle, or facilitate any wager, bet, entry fee, stake, buy-in, prize pool, or payout (whether in money, cryptocurrency, or anything else of value) inside or outside the Service.

Any arrangement between Users involving money or anything of value is made entirely outside the Service, without our knowledge, involvement, authorization, or endorsement. We do not process, facilitate, escrow, verify, enforce, or take any responsibility for such arrangements, and we expressly disclaim all liability arising from them.

You are solely responsible for ensuring that your conduct complies with all laws that apply to you, including gambling and gaming laws in your jurisdiction. Laws vary widely by state and country.

4.5 Enforcement; no duty to monitor. We reserve the right, but assume no obligation, to suspend or terminate any account and remove or archive any pool or content that we reasonably believe is being used in violation of this Section 4 or any other provision of these Terms, including where a violation is reported to us or is visible within the Service. Because arrangements involving money occur entirely outside the Service (Section 4.4), we do not monitor them and disclaim any duty to monitor, investigate, or police conduct occurring outside the Service. Our exercise or non-exercise of these rights in any instance creates no obligation to exercise them in any other.

4.6 Effect of enforcement action; no liability; no refund. Suspension or termination of an account, and removal or archival of any pool or content, under Section 4.5 or these Terms may be immediate and without prior notice. To the maximum extent permitted by law, we will have no liability to you or to any other User for any such action, including for any loss of access, standings, picks, content, or virtual items, or the disruption of any pool. If we suspend or terminate a Commissioner's account or a pool for a violation of these Terms, any prepaid subscription fees are non-refundable, and we may cancel the associated subscription without refund. This Section does not limit any right you may have that cannot be waived under applicable law.

4.7 Geographic availability. We may restrict the availability of the Service, or of specific pool formats or features, in any state, region, or country at our sole discretion, including where we determine that doing so is necessary or advisable to comply with applicable law. We may add to or change these restrictions at any time.

5. Accounts

5.1 Registration. You must create an account to use most features. Account creation and authentication are provided through our identity provider. You agree to provide accurate, current information and to keep it updated.

5.2 Security. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at support@winapoolooza.com of any unauthorized use of your account.

5.3 One account. You may maintain only one account unless we expressly permit otherwise. You may not share, sell, or transfer your account.

5.4 Account deletion. You may delete your account at any time from within the Service, and you may also request deletion as described in our Privacy Policy. See Section 13 and our Privacy Policy for what happens to your data.

6. Subscriptions, Fees, and Billing

6.1 Commissioner subscriptions. Creating and running pools requires a paid subscription ("Commissioner Subscription"). Subscription tiers determine how many pools you may run and how many players each pool may include; optional add-ons may increase those limits. Playing in a pool you have been invited to is free.

6.2 Recurring billing and auto-renewal. Commissioner Subscriptions are recurring and automatically renew for successive periods (for example, monthly) until cancelled. By subscribing, you authorize us (or the applicable app-store billing provider) to charge your payment method on a recurring basis at the then-current price, plus applicable taxes, until you cancel. Before you subscribe, we will disclose the subscription's title, price, billing frequency, the length of each renewal term, what it includes, and the cancellation method, and we will obtain your affirmative consent to the recurring charge.

6.3 Cancellation and pause. You may cancel at any time through your account settings (or through the applicable app store, for app-store purchases). Cancellation takes effect at the end of the current billing period, and you will retain access through the end of the period you paid for. Where offered, you may also pause your subscription from your account settings; pausing is available only at your initiation, and we will never pause your subscription for you.

6.4 Refunds; no proration. Except where required by law or expressly stated otherwise, fees are non-refundable. We do not provide refunds or credits for partial billing periods, unused features, downgrades, or pools that do not complete, and fees are not prorated on cancellation, downgrade, suspension, or termination. Cancelling stops future renewals; it does not refund the current period.

6.5 Price and plan changes. We may change subscription prices or tier features. We will give you advance notice of price increases, and increases will apply no earlier than your next billing period after the notice. If you do not agree to a price change, cancel before it takes effect. Each subscription tier includes limits on Commissioner usage, such as the maximum number of players per pool and the number of active pools you may run, and those limits apply to your current tier. If you downgrade to a lower tier, or your subscription lapses or is refunded, and your existing usage exceeds the limits of the plan you then have, we may pause (make read-only) any pool that exceeds those limits until you upgrade to a plan that covers it or reduce your usage to fit, for example by removing players or closing other pools. A paused pool is not deleted: it and its data remain, gameplay in it is suspended, any periods occurring while it is paused are not scored, and it becomes active again automatically once your plan covers it. Downgrades take effect at the end of your current billing period.

6.6 Payment processing. Web payments are processed by our third-party payment processor (currently Stripe); in-app purchases are processed by the applicable app store. We do not receive or store full payment card numbers. Your use of payment services may also be subject to the processor's or store's terms.

6.7 App-store purchases. If you purchase through the Apple App Store or Google Play, the purchase is also subject to that store's terms, and refunds and cancellations for those purchases are handled by the store, not by us. To cancel or manage an app-store subscription, use your Apple or Google account subscription settings.

6.8 Chargebacks and payment disputes. If you believe you were billed in error, contact us first at support@winapoolooza.com so we can resolve it. Initiating a chargeback, payment reversal, or bank/card dispute without first contacting us may be treated as a breach of these Terms, and we may suspend or terminate your account and dispute an invalid claim. This Section does not limit rights you may have under applicable law or under the applicable app store's purchase policies.

7. Virtual Items (Poolooza Coins, Cosmetics, Achievements, Flex Score)

7.1 Limited license, not property. Virtual items, including Poolooza Coins, cosmetic items, achievements, and Flex Score, are licensed, not sold, to you. You receive a limited, personal, non-transferable, non-sublicensable, revocable license to use them within the Service. You do not own them.

7.2 No value, no redemption. Virtual items have no monetary value, are not redeemable for money or anything of value, and cannot be transferred or sold outside the Service. See Section 4.2.

7.3 Purchases final. Where virtual items are purchasable, all purchases are final and non-refundable, except where required by law or by app-store policy.

7.4 We may modify or discontinue. We may change, limit, suspend, or discontinue any virtual item, its availability, its cost, or its function at any time. We may revoke virtual items obtained in violation of these Terms. If we terminate your account for cause, or if we discontinue the Service, you may lose access to virtual items without compensation.

7.5 Earned vs. purchased. Achievements and Flex Score are earned through participation, have no cash value, confer status only, provide no competitive advantage, and cannot be purchased. Where offered, Poolooza Coins are obtained only by purchase, are used only for cosmetic items, and provide no competitive advantage.

8. Commissioners

If you create a pool, you are a "Commissioner." You additionally agree that:

You run your pool. You are responsible for your pool's settings, its participants, the communications you send within it, and your conduct toward participants. Participants in your pool must direct disputes about your pool's administration, settings, or membership to you, not to us, and we have no obligation to intervene in them.
No money. You will not collect entry fees, stakes, dues, buy-ins, or anything of value through, or in connection with, the Service (Section 4).
No misrepresentation. You will not misrepresent the Service or our role, or suggest that we sponsor, endorse, administer, or guarantee your pool or any arrangement among its participants.
Your content. You are responsible for content you post to your pool, including announcements.
Eligible invitees only. You will only invite people you have a reasonable basis to believe meet the eligibility requirements in Section 2, including the 16+ age requirement.
Participant information. To the extent you receive or view personal information of your pool's participants through the Service, you will use it only to administer your pool, will handle it lawfully, and are responsible to your participants for your own use of it outside the Service.
Tier limits. Your subscription entitles you to the pool and participant limits of your tier (plus any add-ons). You will not attempt to circumvent those limits.
Not our agent. You are not our agent, employee, partner, or representative, and you may not act or hold yourself out as any of these.

9. User Content and Conduct

9.1 User Content. "User Content" means anything you submit to the Service: display names, profile images and banners, bios, pool names and descriptions, chat and announcement messages, and similar material.

9.2 License to us. You retain your rights in your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute your User Content solely to operate, provide, promote, and improve the Service. This license ends when you delete the content or your account, except for (a) content other users have copied or shared within the Service, and (b) reasonable backup retention.

9.3 Your responsibility. You are solely responsible for your User Content. You represent that you have the rights to submit it and that it does not violate these Terms or any law.

9.4 Prohibited conduct. You will not: - use the Service to conduct, promote, or facilitate gambling, wagering, entry fees, stakes, or payouts (Section 4); - post content that is unlawful, harassing, hateful, threatening, defamatory, obscene, or sexually explicit, or that exploits or endangers minors; - impersonate any person or misrepresent your affiliation with any person or entity; - infringe any intellectual property, privacy, or publicity rights; - transmit spam, malware, or unsolicited advertising; - scrape, crawl, harvest, or systematically extract data from the Service, including by automated means; - reverse-engineer, decompile, or attempt to derive the source code of the Service; - probe, scan, or test the security of the Service, or circumvent authentication, rate limits, tier limits, or access controls; - interfere with or disrupt the Service or any other user's use of it; - manipulate scoring, standings, achievements, or virtual items, collude between accounts, or exploit bugs for advantage; - create multiple or automated accounts; or - use the Service for any unlawful purpose.

There is zero tolerance for objectionable content and abusive behavior on the Service. Content that violates this Section may be removed, and accounts that engage in it may be suspended or terminated, without notice.

9.5 Moderation. We may, but have no obligation to, review, filter, remove, or restrict any content or account, at any time, for any reason, with or without notice. We use automated filtering intended to block objectionable content, and Commissioners may remove content within their own pools. We are not responsible for User Content.

9.6 Reporting and blocking. You can report objectionable content or abusive behavior from within the Service, or by contacting support@winapoolooza.com, and you can block other users so you no longer see their content. We aim to review reports of objectionable content and act on them (including by removing content and ejecting the responsible users) within 24 hours. Report copyright infringement under Section 11.4.

10. Sports Data, Scoring, and Results

10.1 Third-party data. Scores, schedules, rankings, and point spreads are obtained from third-party providers. We do not control and do not guarantee the accuracy, completeness, timeliness, or availability of that data.

10.2 Scoring and timeliness. Pools are scored automatically according to the rules of the selected format and the Commissioner's settings. We aim to update scores and standings promptly as games conclude, but we do not guarantee that updates will be immediate, and updates may occasionally be delayed. We may correct scoring errors, recalculate standings, and adjust results at any time, including after a pool appears to have concluded.

10.3 No guarantee. Data feeds may be delayed, interrupted, incomplete, or incorrect; games may be postponed, cancelled, or rescheduled; and picks may fail to lock or score as intended. We are not liable for any consequences of data or scoring errors, outages, or delays, including any effect on standings, results, or any off-platform arrangement between Users (which is prohibited; see Section 4).

10.4 Team names and leagues. Team names, league names, and associated marks are the property of their respective owners. Winapoolooza is not affiliated with, endorsed by, or sponsored by the NFL, the NCAA, ESPN, or any conference, team, or league.

11. Intellectual Property

11.1 Our IP. The Service, including its software, source code, design, "look and feel," text, graphics, logos, and the names "Winapoolooza," "Fun-a-Poolooza," "Bowl-a-Poolooza," "Son of Bowl-a-Poolooza," "Playoff-Poolooza," "Battle ATS," "College Top 20," "King of the Hill," "Poolooza Coins," "Flex Score," and related names, logos, and marks (whether or not registered), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved by us and our licensors.

11.2 License to you. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use, subject to these Terms. This license conveys no ownership.

11.3 Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Service; you may not use our names, logos, or marks without our prior written permission; and you may not remove, obscure, or alter any proprietary notices.

11.4 Copyright complaints (DMCA). If you believe content on the Service infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, Winapoolooza LLC, 149 Muirfield Drive, Ponte Vedra Beach, FL 32082, support@winapoolooza.com. We may remove infringing content and terminate the accounts of repeat infringers.

11.5 Feedback. If you send us ideas, suggestions, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation or compensation to you.

12. Privacy

Our collection and use of personal information is described in our Privacy Policy at https://winapoolooza.com/privacy, which is incorporated into these Terms. By agreeing to these Terms, you also agree to the Privacy Policy.

13. Suspension and Termination

13.1 By you. You may stop using the Service and delete your account at any time from within the Service.

13.2 Effect of deletion. When you delete your account, we remove or de-identify your personal information as described in the Privacy Policy. Because pools are shared with other participants, your historical pool participation (such as picks and standings) may be retained in de-identified form so that other participants' pools and results remain intact. Your subscription will not renew. Any virtual items are forfeited. Deletion is permanent and cannot be undone.

13.3 By us. We may suspend, restrict, or terminate your access to all or part of the Service, or any account, at any time, for any reason or no reason, with or without cause, and with or without notice or explanation, in our sole discretion, including if we believe you have violated these Terms, if required by law, to protect the Service or other users, or if you fail to pay fees when due. Except where required by non-waivable law, any prepaid fees are non-refundable and are not prorated on termination (Section 6.4), and we will have no liability to you for any suspension, restriction, or termination.

13.4 Survival. Sections 4, 6.4, 7, 9.2, 10, 11, 13.2, 14, 15, 16, 17, 18, 20, and 21 survive any termination or expiration.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: the Service will be uninterrupted, secure, timely, or error-free; that sports data, scores, spreads, or standings will be accurate or available; that picks will lock or score as intended; that defects will be corrected; or that the Service will meet your expectations.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, including Commissioners and other pool participants, whether on or off the Service, and including any arrangement involving money or anything of value (which is prohibited; see Section 4).

Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WINAPOOLOOZA AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, arising out of or relating to the Service or these Terms, on any theory of liability, even if advised of the possibility of such damages.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

WE ARE NOT LIABLE FOR ANY MONEY OR THING OF VALUE EXCHANGED BETWEEN USERS OUTSIDE THE SERVICE, which is prohibited by these Terms and occurs without our involvement.

These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Winapoolooza and its owners, members, managers, officers, employees, and agents from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content and any pool you create or participate in; (c) your violation of these Terms; (d) your violation of any law, including any gambling, gaming, sweepstakes, tax, or money-transmission law; (e) your violation of any third party's rights; or (f) any wager, bet, entry fee, stake, buy-in, prize pool, payout, or other exchange of money or anything of value that you organize, collect, administer, settle, promote, or participate in, whether inside or outside the Service, in violation of Section 4.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. This Section survives termination of these Terms.

17. Dispute Resolution: Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU MAY OPT OUT; SEE SECTION 17.6.

17.1 Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@winapoolooza.com with a written description of the dispute. Each of us agrees to negotiate in good faith for at least sixty (60) days before initiating arbitration.

17.2 Binding arbitration. If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court. The arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). The arbitration will be conducted in St. Johns County, Florida, or, at your election, by videoconference or in the county where you reside. Judgment on the award may be entered in any court of competent jurisdiction. Questions about the enforceability or scope of this agreement to arbitrate will be decided by the arbitrator.

17.3 Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to address unauthorized access to or abuse of the Service.

17.4 Class action waiver. YOU AND WINAPOOLOOZA EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

17.5 Jury trial waiver. YOU AND WINAPOOLOOZA EACH WAIVE THE RIGHT TO A TRIAL BY JURY in any proceeding not subject to arbitration.

17.6 Opt-out. You may opt out of this Section 17 by sending written notice to support@winapoolooza.com, or by mail to Winapoolooza LLC, 149 Muirfield Drive, Ponte Vedra Beach, FL 32082, within thirty (30) days of first accepting these Terms, stating your name, the email associated with your account, and your intent to opt out of arbitration. Opting out does not affect any other provision of these Terms.

17.7 Severability of waiver. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this Section 17 remains in effect.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Subject to Section 17, you agree to the exclusive jurisdiction and venue of the state and federal courts located in St. Johns County, Florida, and you waive any objection to venue there.

19. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice (for example, by posting in the Service, emailing you, or requiring re-acceptance) and we will update the "Last Updated" date. Changes take effect on the date stated in the notice, and your continued use after that date constitutes acceptance. However, material changes to Section 17 (Dispute Resolution) will require your affirmative acceptance and will not apply to any dispute that arose before the change took effect. If you do not agree to any change, stop using the Service and delete your account.

Change history. This log records material changes to these Terms.

Version 1.3 (August 5, 2026): Revised Section 6.5: subscription tiers include usage limits (maximum players per pool and number of active pools); on a downgrade, lapse, or refund below those limits, pools that exceed them may be paused (made read-only) until the plan covers them or usage is reduced. This replaces the prior statement that downgrading does not interrupt pools already in progress.
Version 1.2 (July 27, 2026): Lowered the minimum age from eighteen (18) to sixteen (16); added Section 4.7 (Geographic availability); clarified that the Service is for entertainment only, with no wagering, entry fees, or cash prizes. Versions prior to 1.2 predate this change log.

20. General

20.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject. 20.2 Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the remainder will remain in full force. 20.3 No waiver. Our failure to enforce any provision is not a waiver of it. Any waiver must be in writing. 20.4 Assignment. You may not assign these Terms. We may assign them, including in connection with a merger, acquisition, or sale of assets. 20.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control. 20.6 Electronic communications. You consent to receive communications from us electronically (by in-app notice or email), and you agree that electronic communications satisfy any legal requirement that a communication be in writing. 20.7 Relationship. No partnership, joint venture, employment, or agency relationship is created by these Terms. 20.8 Headings. Headings are for convenience only and do not affect interpretation.

21. Additional Terms for App Store Distribution

If you download or use the Winapoolooza app from a third-party app store or distribution platform ("App Provider"), the following additional terms apply. In the event of a conflict between this Section 21 and the rest of these Terms, this Section controls only with respect to your use of the app obtained from that App Provider.

21.1 Apple App Store

These terms apply if you obtain the app from Apple. You acknowledge and agree that:

(a) Relationship. These Terms are between you and Winapoolooza only, and not with Apple. Winapoolooza, not Apple, is solely responsible for the app and its content.
(b) Scope of license. The license granted to you for the app is a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
(c) Maintenance and support. Winapoolooza is solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
(d) Warranty. Winapoolooza is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
(e) Product claims. Winapoolooza, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your possession and/or use of it, including product-liability claims, any claim that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
(f) Intellectual property. In the event of any third-party claim that the app or your use of it infringes that third party's intellectual property rights, Winapoolooza, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
(g) Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
(h) Developer contact. Questions, complaints, or claims about the app should be directed to: Winapoolooza LLC, 149 Muirfield Drive, Ponte Vedra Beach, FL 32082, support@winapoolooza.com.
(i) Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
(j) Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21.2 Google Play

These terms apply if you obtain the app from Google Play. Your use of the app is also subject to the Google Play Terms of Service and Google's applicable policies. Google is not a party to these Terms and is not responsible for the app. Refunds and subscription cancellations for purchases made through Google Play are handled by Google in accordance with its policies. To the extent Google is deemed a beneficiary of these Terms with respect to your use of the app obtained through Google Play, Google may enforce these Terms against you.

21.3 App-store subscriptions

For subscriptions purchased through an App Provider, billing, renewal, cancellation, and refunds are governed by that App Provider's terms and are managed through your App Provider account settings, in addition to Sections 6.2–6.7.

22. Contact

Winapoolooza LLC 149 Muirfield Drive, Ponte Vedra Beach, FL 32082 support@winapoolooza.com