Terms of Service

1. Acceptance of Terms

By using gochamp.ai or downloading the Champ AI iOS application, and/or by creating an Account (as further defined below) and using the various services offered by Propellor Sports Company d/b/a Champ AI, a Delaware corporation in good standing (collectively with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors, “Champ,” “Propellor,” “we,” “us,” “our,” and/or “Company”), you, the user (collectively, “User(s)” or “you”), acknowledge and agree to be irrevocably bound by these legally binding Terms, including, but not limited to, Champ’s Privacy Policy and all other operating rules, policies, and procedures that may be published on the Services by Champ, which are expressly incorporated herein by reference.

By clicking the “accept” or “agree” button or any checkbox on a sign-up surface, by signing in via one-time passcode, or by adding Champ’s phone number to a group conversation, you (a) acknowledge that you have read and understood the Terms; (b) represent that you are of legal age to enter into a binding agreement; (c) accept the Terms and agree that you are legally bound by them; and (d) agree, subject to opting out, to resolve all disputes through binding arbitration in accordance with Section 23 of the Terms. If you do not agree to these requirements, do not use the Services and delete your Account.

2. Modification to Terms

Except as it relates to provisions regarding binding arbitration and waiver of class action rights, Champ reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be available via the Website and in-app. It is your responsibility to check the Terms periodically for changes. If a revision to the Terms is, in our sole discretion, material, we will notify you via the Services and/or by contacting you through the email address or phone number associated with your Account.

3. License Grant

Subject to the terms of these Terms, Champ grants you a limited, nonexclusive, and nontransferable license to access and use the Services, strictly in accordance with the Terms.

4. Reservation of Rights

You acknowledge and agree that the Services are provided under license as described in the Terms, and not sold, to you. You do not acquire any ownership interest in the Services under the Terms, or any other rights thereto other than to use the Services in accordance with the license granted, subject to all terms, conditions, and restrictions under the Terms. You may not (a) modify the Content or use the Content or Services for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Content except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Content; or (d) transfer the Content to another person. Champ and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Content and Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in the Terms.

Champ may terminate this license at any time if you are in breach of these Terms. Upon termination, you agree to immediately destroy any copies of the Content in your possession.

5. Champ Account

5.1 Account Activation. You may view limited content on the Website without registering, but as a condition of using the App, the Messaging Service, or most of Champ’s features, you are required to create a Champ account (an “Account”). Users must be at least seventeen (17) years of age to create an Account. To sign up for an Account, you provide your phone number, which is used as your primary identifier and verified via a one-time passcode (OTP) sent via SMS or iMessage. You may provide additional account information including name, email address, time zone, and sports and sportsbook preferences. You must provide accurate, complete, and updated information.

5.2 Account Misuse and Account Sharing. Each User may establish only one (1) Account. Users may not “co-own” or share Accounts. Users may not use or in any way control another person’s Account. Account misuse and duplication (“MultiAccounting”) is a violation of these Terms. In the event Champ determines, in its sole discretion, that you have committed MultiAccounting, Champ reserves the right to: (i) suspend or terminate any or all of your Accounts; (ii) revoke any paid subscription benefits; and (iii) report you to any relevant authorities for violation of state laws and regulations.

5.3 Account Confidentiality. You are solely responsible for maintaining the confidentiality of your Account credentials and for restricting access to your device(s). You agree to accept full responsibility for all activities, charges, and damages that occur under your Account. If you discover an unauthorized use of your Account, or other known Account-related security breach, you must report it to Champ immediately.

6. Eligibility to Use the Services

6.1 Age and Location. To use the Services, you represent and warrant that: (i) you are at least seventeen (17) years of age, or the minimum age required by your jurisdiction, whichever is higher; (ii) you are a citizen or resident of the United States of America; (iii) you are not listed on any governmental list of prohibited, restricted, or self-excluded individuals; and (iv) you will abide at all times by these Terms.

6.2 Jurisdiction. The Services display odds and other information from sportsbook operators that operate in specific U.S. states and jurisdictions. The availability of any specific information through the Services does not constitute a representation that gambling, sports wagering, or any related activity is lawful in your jurisdiction. You are responsible for knowing and complying with the gambling laws of your jurisdiction.

7. Group Chat and Messaging Use

Champ operates in part as a participant in SMS, iMessage, and other supported group conversations. By adding Champ’s phone number to a group conversation, you represent and warrant that: (i) you have the right to add a third-party participant to the conversation under the rules of the messaging platform and applicable law; and (ii) you will inform other group participants of Champ’s presence and refer them to gochamp.ai/privacy for information about how their data is handled.

Champ implements proactive consent: when Champ identifies a phone number in a group conversation that is not associated with a registered Champ account, Champ will send that participant an individual introductory message explaining Champ’s role and how to opt out. The act of adding Champ to a group does not constitute consent on behalf of other participants; Champ obtains consent (or records opt-out) from each participant individually.

Group participants may opt out at any time by: (a) responding to Champ’s introductory message to decline, (b) not directing messages to Champ in the group, or (c) requesting that the group owner remove Champ from the conversation. A participant who has opted out may still appear in conversations Champ is in (because the group itself authorizes Champ’s presence), but Champ will not direct responses or proactive engagement to opted-out participants.

Champ-to-user messaging is provided via third-party messaging infrastructure including Linq Mobile (linq.com) and Twilio (twilio.com), each subject to their own privacy policies and terms of service. Standard messaging rates from your carrier may apply per Section 14 (Carrier Fees).

8. Sportsbook and Third-Party Link-Outs

The Services display odds, prices, and other information sourced from third-party sportsbook operators and data providers. The Services may contain links that direct you to third-party sportsbook websites or applications, where you may choose to place wagers or otherwise engage with those third parties.

Champ does not accept wagers, hold or process funds for gambling, or operate any sportsbook. When you click a link out to a third-party sportsbook, you leave Champ’s Services entirely. Any transaction you conduct on a third-party sportsbook is governed solely by that sportsbook’s terms and conditions, privacy policy, and applicable law. Champ has no control over and assumes no responsibility for the content, terms, privacy practices, accuracy of odds, or any aspect of any third-party sportsbook. The display of a sportsbook’s information or links on the Services does not constitute an endorsement.

Champ may receive compensation from sportsbook operators when users follow links from the Services and complete certain actions on the operator’s platform. This commercial relationship does not influence the accuracy of information displayed in the Services, but you should be aware that referral compensation exists.

You are solely responsible for verifying that any wagering activity you choose to engage in is lawful in your jurisdiction.

9. Subscriptions, Billing, and Paid Features

Champ may offer paid subscription plans and other paid features that unlock additional functionality. If you purchase a subscription or other paid feature:

(a) Apple App Store subscriptions. Subscriptions purchased through the iOS App Store are billed by Apple to your Apple ID account. Payment will be charged at confirmation of purchase and at the start of each renewal period. Subscriptions automatically renew unless canceled at least twenty-four (24) hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings on your iOS device. Refunds are handled solely by Apple per Apple’s published refund policies.

(b) Other billing platforms. If we offer subscription billing through other approved platforms (including but not limited to the Google Play Store, RevenueCat, Stripe, or our own billing system), the applicable platform’s billing terms will govern the transaction, and we will disclose those terms at the time of purchase.

(c) Free tier. Most of Champ’s Services may be available for free, subject to feature limitations or usage caps. The specific scope of free-tier access is determined at our sole discretion and may change from time to time.

(d) Promotional offers. From time to time, we may provide promotional discounts or trial periods. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions.

(e) Other paid features and virtual items (where offered). In addition to subscriptions, Champ may from time to time offer other paid features — which may include paid entry to skill-based contests, purchases or “opens” of virtual item or “card” packs, and deposits of funds toward such features (each, a “Paid Feature”). This clause applies only if and to the extent Champ makes a Paid Feature available. Where offered, a Paid Feature may be subject to additional rules presented at the point of purchase, which are incorporated into these Terms by reference and control to the extent of any conflict with these Terms as to that Paid Feature. Any such contests are intended to be games of skill, the value of any prize is established and disclosed in advance, and the Services may not be used for any form of gambling or game of chance. Entry fees, where charged, are final except as expressly stated; virtual items have no cash value and are non-transferable except as we may permit; and, where a feature involves an account balance or withdrawal, we may apply identity, anti-fraud, and compliance checks and any minimum or limit before processing. Where required by law in connection with a Paid Feature, we may collect tax-related information and issue tax forms (such as an IRS Form 1099); all taxes on any prize or payout are the recipient’s sole responsibility. Champ does not provide tax advice.

10. Indemnification

You agree to indemnify, defend and hold harmless Champ, its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of the foregoing entities, from and against any and all losses, damages, liability, claims, settlements, injury to all persons and property, and costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) as incurred, resulting from, arising out of, or related to your use of the Services or Content, our use of information that you submit to us, any misrepresentations made by you, your breach or violation of the Terms, your infringement of any intellectual property or other right of any other person or entity, and any claims, judgments, prosecutions, regulatory or administrative actions taken by a local, state, or federal government as a result of your use of the Services.

Champ or an affiliate will provide you with prompt written notice of a filed claim and permit you to control the defense, settlement, adjustment, or compromise of the claim, but Champ may, at its sole discretion, elect to solely control the defense, settlement, adjustment, or compromise of the claim, in which event you agree to cooperate with Champ’s sole control and provide any assistance that may be reasonably necessary, and you shall not be relieved of your indemnification and hold-harmless obligations under this Section 10.

11. Marketing Cooperation

By participating in any Champ promotion, you agree to cooperate in advertising, marketing, and publicity material and activities we may, at our expense, produce or arrange. With respect to any submission or entry you make in the course of participating in any Champ promotion, you declare that the relevant material will be all your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) for such material, and if moral rights exist, you agree to waive such rights.

12. Availability of the Services

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.

13. Use of Personally Identifiable Information

You acknowledge that when you use the Services, Champ may use automatic means (including, for example, cookies and web beacons) to collect information about your devices and about your use of the Services. You may be required to provide personally identifiable information about yourself as a condition of downloading, installing, or using the Services. All information we collect through or in connection with the Services is subject to our Privacy Policy, which is expressly incorporated herein.

You further acknowledge that by providing your phone number to Champ and engaging with the Messaging Service, you consent to receive non-marketing, informational, and AI-generated response text messages from time to time. You may opt out of marketing messages at any time per applicable law. Consent to receive AI-generated responses is integral to the Messaging Service.

14. Carrier Fees

Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. Champ assumes no liability or responsibility for the payment of any charges you may incur. You may reply STOP at any time to opt out of Champ’s text messages.

15. Updates

Champ may from time to time and in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, the “Updates”). Updates may also modify or delete certain features and functionality. You agree that Champ has no obligation to provide Updates or to continue to provide or enable any particular features or functionality.

16. Rules and Prohibited Conduct

As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or by any applicable law or regulation. The Services are provided only for your own personal, non-commercial use, and you are responsible for all of your activity in connection with the Services. You understand and agree that you will not:

(i) copy the Services, except as expressly permitted by the license in Section 3; (ii) sell, share, co-own, or otherwise transfer your Account; (iii) modify, translate, adapt, or otherwise create derivative works or improvements of the Services; (iv) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (v) remove, delete, alter, or obscure any trademarks or any proprietary-rights notices from the Services; (vi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality, to any third party;

(vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; (viii) use your Account to impersonate another natural person, or misrepresent your identity or affiliation with any person or organization; (ix) use the Services in any way that violates any applicable law or regulation; (x) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Champ, may harm Champ or Users of the Services or expose them to liability; (xi) use the Services in a manner that could disable, overburden, damage, or impair the Services, or interfere with another party’s use;

(xii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (xiii) introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; (xiv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any connected systems; (xv) attack the Services via a denial-of-service or distributed denial-of-service attack; or (xvi) otherwise attempt to interfere with the proper working of the Services.

If for any reason Champ determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you, and to investigate and take appropriate legal action, including cooperating with and assisting law enforcement.

17. Term and Termination

These Terms are in effect from the Last Updated Date of these Terms and terminate when replaced by new versions, on the effective date of those new versions. You may cancel your Account at any time through the in-app “Delete account” option (Settings → Account & privacy) or by sending us an email at hey@gochamp.ai. Champ may suspend or cancel your Account without notice or refund to you if you violate these Terms. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Advertisements and Third-Party Sites

The Services may contain third-party advertisements, sponsorships, and links to third-party sportsbooks and other operators. The advertisers, sponsors, and operators that provide these materials are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor, advertiser, or sportsbook operator.

Links on the Services to third-party websites, including sportsbook operators, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion of third-party services or links does not imply control of, endorsement by, or affiliation with Champ. Your dealings with third parties are solely between you and the third parties. See Section 8 (Sportsbook and Third-Party Link-Outs) for further detail.

19. Responsible Gaming

Champ does not operate any gambling or wagering platform. However, the Services display information related to sports betting markets, and we recognize that some users may have or develop problem-gambling behaviors. If you or someone you know has a gambling problem and wants help, please contact the National Council on Problem Gambling at 1-800-GAMBLER or visit ncpgambling.org. Many states also offer self-exclusion programs through their respective state gambling commissions.

If you have self-excluded from gambling under any state program, you should not use the Services in ways that facilitate continued engagement with sportsbooks in violation of your self-exclusion. We may, but are not required to, suspend or restrict accounts upon receiving notice of a self-exclusion order applicable to a user.

20. Champ Intellectual Property and User Content

20.1 Intellectual Property Ownership. Champ shall have the appropriate license to, or shall own, all right, title, and interest, including all related intellectual property rights, in and to the Champ technology, i.e., the Services. To avoid future disputes about intellectual property ownership, Champ does not solicit Users to submit ideas; if you choose to send an unsolicited idea to Champ, you agree that Champ shall own all right, title, and interest to the submitted idea, that it will not be confidential or proprietary, and that no compensation will be provided to you. The Champ name, the Champ logo, and the product names associated with the Services are trademarks of Champ or its licensors, and no right or license is granted to use them.

20.2 User Content. The Services may from time to time contain areas in which you may post or upload user-generated content, comments, messages, or other materials (“User Content”). You are solely responsible for your User Content. By submitting any User Content, you agree that you will not upload, post, or otherwise transmit any User Content that (a) violates or infringes upon the rights of others, including statements that defame, harass, stalk, or threaten; (b) you know to be false, misleading, or inaccurate; (c) contains bigotry, racism, hate speech, or profanity; (d) advocates or contains pornography or otherwise obscene content; (e) violates any law or advocates or instructs on dangerous, illegal, or predatory acts; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) is protected by copyright, trademark, or other proprietary right without the owner’s permission; or (i) contains unsolicited advertising, spam, or solicitation. Champ reserves the right to remove User Content for any reason at its sole discretion.

20.3 Copyright Policy (DMCA). We honor copyright laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512), and take reasonable steps to expeditiously remove infringing material we become aware of. If you believe anything on the Services infringes a copyright you own or control, please notify our designated agent: Propellor Sports Company d/b/a Champ AI, Attn: Copyright Agent, 1025 Rose Creek Dr., Ste. 620-308, Woodstock, GA 30189, email hey@gochamp.ai. Your notice must comply with 17 U.S.C. § 512(c)(3), including a signature of a person authorized to act for the copyright owner; identification of the copyrighted work and the allegedly infringing material; your contact information; a good-faith statement that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner’s behalf.

21. Warranty Disclaimer

Champ does not warrant that your activities on or use of the Services are lawful in any particular jurisdiction and specifically disclaims such warranties. You understand that by using any features of the Services you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services or the Content.

Your use of the Services is at your sole risk. The Services and the materials contained in these Terms are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these Terms, Champ and its affiliated companies and their respective officers, directors, employees, and other representatives expressly disclaim all warranties of any kind, whether express or implied, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, and non-infringement, as well as warranties arising by usage or trade, course of dealing, and course of performance. Champ makes no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from the use of the Services will be accurate or reliable; or (iv) any errors in the Services will be corrected. Any information (including odds, statistics, and AI-generated analysis) obtained through the Services is used at your own discretion and risk.

22. Limitation of Liability

In no event shall Champ, its affiliates, or its/their directors, employees, agents, partners, suppliers, or content providers (the “Champ Group”) be liable under contract, tort, negligence, or any other legal theory, with respect to or arising out of, or relating to the Services and/or these Terms, (i) for any lost profits, data loss, or cost of procurement of substitute goods or services, or for any special, indirect, incidental, punitive, or consequential damages of any kind, however arising; (ii) for any bugs, viruses, Trojan horses, or the like, regardless of the source of origination; (iii) for any action taken in connection with an investigation by Champ or a law enforcement authority regarding your use of the Services; or (iv) for any errors or omissions in the technical operation of the Services, even if foreseeable or if a party has been advised of the possibility of such damages.

All liability of the Champ Group shall not exceed one hundred dollars ($100.00). This limitation of liability is cumulative and not per incident. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, in which case the liability of the Champ Group shall be limited to the greatest extent permitted by law.

23. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The only disputes excluded are the litigation of certain intellectual property and small-claims matters, as provided below.

23.1 Initial Dispute Resolution. Most disputes can be resolved without litigation. You can reach our support at hey@gochamp.ai, and, except for intellectual property and small-claims matters, the parties agree to use best efforts to settle any dispute through consultation and good-faith negotiation as a condition to either party initiating a lawsuit or arbitration.

23.2 Binding Arbitration. If the parties do not reach an agreed-upon solution within thirty (30) days from the time informal dispute resolution is initiated, then either party may initiate binding arbitration as the sole means to resolve claims, except as provided herein. All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship, and/or your use of the Services shall be finally settled by binding arbitration. Arbitration shall be administered by a recognized arbitration provider; where the relief sought exceeds the small-claims threshold, arbitration shall be before JAMS in Atlanta, Georgia, under the applicable JAMS rules. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. The arbitral award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The parties submit to the personal jurisdiction of the federal or state courts sitting in Fulton County, Georgia to compel arbitration, stay proceedings, or enter judgment on an award.

23.3 Small Claims. As an alternative, you may bring your claim in your local small-claims court, if permitted by that court’s rules and within its jurisdiction. You may bring claims only on your own behalf.

23.4 Class Action Waiver. YOU AGREE THAT YOU ARE HEREBY GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CHAMP, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

23.5 Arbitration 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 to hey@gochamp.ai with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within thirty (30) days of your first use of or access to the Services. If you opt out, Champ will also not be bound by these provisions as to you.

23.6 Survival. The agreement to arbitrate will survive the termination of your relationship with us.

24. Assignment

You may not assign the Terms in whole or in part, for any reason. These Terms will be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns. Champ may assign the Terms or delegate any of its rights or obligations hereunder, or any part thereof, to any third party, including its successor in interest, without requiring your written consent.

25. Entire Agreement; Severability

These Terms and other referenced material constitute the entire agreement between you and Champ with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and Champ with respect to the Services. If a court holds any provision of these Terms invalid, illegal, or unenforceable, the remainder of these Terms shall not be affected and shall remain valid and enforceable.

26. Geographic Limits of Service

Champ makes no representation that materials contained in the Services are appropriate or available for use in jurisdictions outside the United States or that these Terms comply with the laws of any country other than the United States. Accessing the Services from outside the United States is prohibited where the Content is illegal under local law. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. Champ reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.

27. Governing Law

These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Delaware and the United States, without giving effect to any principles of conflicts of law. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Fulton County, Georgia, and you hereby consent to, and waive any and all jurisdictional and venue defenses otherwise available.

28. Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, the parties agree that such cause of action or claim is permanently barred.

29. No Third-Party Beneficiaries

Except as expressly provided in these Terms (including the Apple-related third-party beneficiary provisions in Section 34), there shall be no third-party beneficiaries to the Terms.

30. No Waiver; Conflicts

No failure to exercise, and no delay in exercising, on the part of either party, any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable other terms or agreements, these Terms shall govern.

31. Force Majeure

The failure of Champ to comply with any provision of these Terms due to an act of God, hurricane, tornado, war, fire, riot, earthquake, terrorism, pandemic, health emergency (whether or not officially declared), act of public enemies, actions of governmental authorities outside of the control of Champ, or other force majeure event will not be considered a breach of these Terms.

32. Notice Policy

Champ may give notice by means of a general notice on the Services, electronic mail or text message to the address or phone number on record in your Account information, or by written communication sent by first-class mail or pre-paid post to your address on record. You may give notice to Champ at any time by email to hey@gochamp.ai or by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to 1025 Rose Creek Dr., Ste. 620-308, Woodstock, GA 30189.

33. Contact

If you have any questions regarding these Terms, please contact us at hey@gochamp.ai or by mail at: Propellor Sports Company d/b/a Champ AI, 1025 Rose Creek Dr., Ste. 620-308, Woodstock, GA 30189.

34. Apple App Store Terms (iOS App Only)

If you obtained the Champ AI App from Apple’s App Store, the following additional terms apply solely with respect to your use of the iOS App:

(a) These Terms are between you and Champ only, not Apple, and Apple is not responsible for the App or the contents thereof.

(b) The license granted to you in Section 3 is further limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing.

(c) Champ is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

(e) Champ, not Apple, is responsible for addressing any claims that the App or your possession and/or use of the App: (i) does not conform to applicable legal or regulatory requirements; (ii) arises from consumer protection or similar legislation; or (iii) is based on third-party intellectual property infringement.

(f) 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 thereof.

(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.