Fantasy Gambling — Terms of Service

Effective date: August 24, 2026

Last updated: September 11, 2026

These Terms of Service (the “Terms”) are a legally binding agreement between you and the operator of the Fantasy Gambling service available at misconin.com and fantasy.misconin.com (the “Operator,” “we,” “us,” or “our”). The Operator is the person or persons who operate that service under the Fantasy Gambling name, together with any later-formed entity or successor that assumes operation.

By accessing or using the websites, applications, emails, invite links, and related services we provide (the “Service”), you agree to these Terms, the Privacy Policy, the Acceptable Use Policy, the Disclaimer, the Responsible Use notice, and the House Rules (together, the “Policies”). If you do not agree, do not use the Service.

If you are under 21, you must not use the Service.

Please read §16 (limitation of liability), §17 (indemnity), and §19 (arbitration and class-action waiver) carefully. They affect your legal rights. You may opt out of arbitration under §19.10.

1. The Service — what it is and what it is not

1.1 Entertainment scoring

The Service is a free entertainment product. It lets people in a group record predictions on real National Football League and college football games using virtual credits. Credits are used for standings, badges, and in-app results only. A pool’s commissioner chooses which sports that pool uses.

1.2 What we are not

The Service is not, and Operator is not:

• a sportsbook, casino, card room, fantasy-contest operator, or other gambling business;
• a money transmitter, payment processor, escrow agent, treasurer, custodian, broker, or bank;
• a party to any wager, pot, buy-in, settlement, or debt between users;
• affiliated with, sponsored by, or endorsed by the NFL, the NCAA, any conference, any team, any players’ union, or any sportsbook;
• a source of investment, legal, tax, or betting advice;
• licensed, registered, or intending to be licensed as any of the above.

We do not accept deposits. We do not hold a bankroll. We do not pay cash to winners. We do not take a rake, vigorish, commission, or hosting fee. We do not convert credits to money, prizes, goods, or anything else of value.

1.3 No offer of gambling services

We offer an entertainment scoring product that uses virtual credits with no cash value. We do not offer gambling services and we do not accept wagers of value. Whether any arrangement you make with other people outside the Service is lawful is solely your responsibility. Nothing in the Service, the Policies, or our marketing is a legal opinion that your conduct is permitted where you live.

1.4 Beta; no uptime promise

The Service is early, may change without notice, and may be wrong, down, or withdrawn at any time. We do not promise that lines, scores, settlements, standings, emails, or invite links will be accurate, timely, or available.

2. Eligibility and location

You may use the Service only if all of the following are true:

1. You are at least 21 years old.
2. You have the legal capacity to enter this contract.
3. Your use is lawful in the place you are in and the place you live.
4. You are not barred from using the Service under U.S. or other applicable law (including sanctions).
5. You are using the Service for yourself, not on behalf of a minor and not to operate a book for others.

The Service is intended for use in the United States. We do not represent that it is available or lawful anywhere in particular. We do not currently geo-block. That is not permission. If your location or local law forbids this kind of product, or forbids you from making or tracking predictions on sports, you must not use the Service.

You represent and warrant that the statements in this §2 are true each time you use the Service. If any of them is false, your permission to use the Service ends immediately.

We may ask for proof of age or identity. We may refuse, suspend, or terminate access for any reason or no reason, including if we think you are under 21 or using the Service where it is not allowed.

3. Acceptance

You accept these Terms when you do any of the following: create or use an account; click or tap a button that says you agree; request or follow a sign-in link; join a pool; place, cancel, or view a ticket; or otherwise use the Service after the Terms are presented.

If you check a box that says you agree, that record is additional evidence of assent. It does not limit the ways you can accept.

If you use the Service on behalf of a group, you still accept these Terms personally. You also represent that you have authority to bind that group to §6 (off-platform arrangements) and the House Rules as to that group’s use. If you do not have that authority, you accept those sections for yourself and you will indemnify us for the group’s claims.

4. Accounts and security

4.1 Sign-in

Access is typically by magic link to an email address you control. There is no password. Anyone who can read that inbox can use your account. You are responsible for the security of your email, devices, and sign-in links.

4.2 Your responsibilities

You must:

• provide a real email address you control;
• keep your display name within the rules (see Acceptable Use);
• not share your account or sign-in links;
• not create extra accounts to manipulate standings, badges, matchups, or any off-platform arrangement;
• tell us promptly if you think your account was used without permission.

We may treat every action from your account as yours.

4.3 One person

An account is for one natural person. You may not sell, transfer, or sublicense it.

5. Credits, pools, and in-app results

5.1 Credits have no value

Credits, allotments, stakes, payouts, balances, badges, ranks, and similar records are game scoring only. They are not money, not stored value, not a prize, not a security, and not redeemable. They do not create any payment obligation from us to you, or from you to us.

Unused credits may expire. We may change allotments, scoring, formats, lock rules, cancel penalties, and settlement rules at any time.

5.2 Pools

Play happens inside pools (including an open table and private friend pools). A pool is an in-app grouping for scoring. It is not a bank account, not a trust, and not a partnership with us.

Commissioners and pool creators are users, not our employees or agents, except to the extent we ourselves act as a commissioner on a pool we operate. Their messages, Locker Talk actions, settings, voids, and invites are their own unless we expressly adopt them.

Closed friend pools may include Locker Talk for members of that pool. The open table does not. Locker Talk messages are user content. A pool creator may remove messages or timeout a member there. We may remove content or close Locker Talk. We do not promise to watch every message.

5.3 Tickets lock; we may void or correct

Tickets may lock at kickoff or at other times we set. We may cancel, void, hide, regrade, or correct tickets, legs, scores, lines, or standings if we believe there was an error, feed problem, abuse, or other good cause — or if we simply decide the in-app record should change. Our in-app decision is final as between you and us for purposes of the Service. It is not a certification of any cash result. We do not warrant that the Service is accurate.

5.4 Corrections after notice

If you tell us an in-app number is wrong, we will use reasonable efforts to restore the credits, tickets, and standings to what we believe is the true record, ordinarily within seven days after we receive that notice through in-app feedback or legal@misconin.com. That target is a best-effort operational goal. It is not a warranty, not a cash duty, not a promise we will freeze anyone’s Venmo, and not a reason we owe you money if we are late or if we disagree that the board was wrong.

We still need not referee fights between players, certify a pot, or change a result *because money depends on it*. If we correct an in-app error, we do it for the Service only.

5.5 Open book and visibility

Depending on pool settings, other people in a pool may see your display name, tickets, results, and standings. Members of a closed pool may also see Locker Talk messages posted in that pool. A global or open board may show a normalized record unless you opt out where we offer that control. Assume other players can see how you played.

6. Off-platform money and other arrangements

This section is a core condition of use.

6.1 We never touch the money

The Service does not accept, hold, transmit, escrow, guarantee, or pay out money or anything of value. We do not run a cashier. We do not integrate Venmo, Cash App, Zelle, PayPal, cards, crypto, or any other payment method for buy-ins or settlements.

6.2 Private arrangements are yours alone

If you and other people choose to exchange money, favors, or anything of value based on sports, on in-app results, or on anything else — including a fantasy-style buy-in, a weekly skin, a season pot, or “loser buys dinner” — that arrangement is solely among those people.

• We are not a party.
• We are not the treasurer, stakeholder, or judge.
• We do not take a rake.
• We do not collect, enforce, or refund that arrangement.
• We do not warrant that in-app results are a proper, complete, or lawful basis for it.
• We do not agree that the Service is the official book of any pot.

You release us from every claim that arises out of such an arrangement, including non-payment, alleged cheating, alleged mis-settlement, and alleged ranking error.

6.3 Your promises if you make such an arrangement

If you participate in any off-platform arrangement connected to the Service, you represent and warrant that:

1. it is lawful where each participant lives and where the arrangement is formed or performed;
2. you are not using the Service to operate a book, to take action from the public, or to transmit funds in violation of the Unlawful Internet Gambling Enforcement Act or any other law;
3. no participant is under 21;
4. you will not ask us to hold, send, or award the value;
5. you will not tell anyone that we guarantee, host, or officially settle the pot;
6. you will not use our name, marks, or board screenshots as proof that we are the house.

6.4 We may refuse to be involved

We may ignore, delete, or refuse requests that ask us to referee cash, to “freeze Venmo,” to certify a winner for payment, or to change a result *because money depends on it*. If we correct an in-app error, we do it for the Service only. Cash remains your problem.

6.5 No implied partnership

Users are not our partners, joint venturers, or agents. A commissioner who organizes a pot does so as a private individual, not on our behalf.

7. Lines, scores, and third-party data

Lines, prices, totals, records, kickoff times, live scores, and similar data may come from third parties, may be delayed, rounded, or wrong, and may differ from a sportsbook or a broadcast.

We do not promise:

• that a posted number matches any book;
• that a game will be graded as you expect (including overtime, vacated scores, postponed games, or official changes);
• that settlement will finish by any deadline you care about for cash.

You use all such data at your own risk. If a number is wrong, tell us. We will try to correct the in-app record under §5.4. Your exclusive remedy against us is that in-app correction, or to stop using the Service. We have no duty to make you or anyone else whole in money.

We are not “plus EV,” not “beating Vegas,” and not offering advice. Past badges and standings say nothing about future results.

8. Your content

“User Content” means display names, tickets, reactions, profile settings, feedback you send us, and any other material you submit.

You keep whatever rights you have in User Content. You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, copy, display, adapt, and otherwise use User Content as needed to operate, protect, and improve the Service, to show it to other users as the product design provides, and to create de-identified statistics.

You represent that you have the rights to grant that license and that User Content does not violate the Acceptable Use Policy or anyone else’s rights.

We may remove User Content at any time. We do not promise to host it forever. Feedback you send is not confidential unless we agree in writing.

9. Our intellectual property; no sports affiliation

The Service — including software, design, copy, names, and logos — is owned by us or our licensors. These Terms do not give you any ownership. You may not copy, scrape, reverse engineer (except to the limited extent a law says we cannot stop you), or frame the Service.

NFL, NCAA, conference, team, and player names are used only to identify real-world games that users may predict. We are not affiliated with, endorsed by, or sponsored by the NFL, NFL Properties, the NCAA, any conference, any club, any player, or any players’ association. Those parties would not back this product. Do not imply otherwise.

10. Acceptable use

You must follow the Acceptable Use Policy, which is part of these Terms. We may investigate and we may suspend or terminate accounts, void tickets, hide content, or contact law enforcement.

If you find a bug that affects scoring or access, you must report it to us and not exploit it.

11. Third-party services

Email delivery, hosting, databases, operations alerts, and similar infrastructure are provided by third parties. Their failures are not our breach to the extent the law allows. Links to other sites are not endorsements.

12. Communications

We may email you sign-in links, security notices, product mail (for example a weekly drop), and legal notices. You can stop product mail where we offer a control; you cannot opt out of emails required to operate the account or deliver legal notices while you have an account.

Transactional sign-in mail is how the product works. If you do not want that, do not use the Service.

13. Changes; suspension; termination

13.1 We may change the Service or the Terms

We may change these Terms and the other Policies. We will update the date at the top. If we have an email for you, we may also send notice of a material change. Posting a new version is notice. Continued use after the new date is acceptance. If you do not agree, stop using the Service and close your account.

13.2 We may suspend or end access

We may suspend or terminate your access, any pool, or the whole Service at any time, with or without notice, for any reason or no reason — including violation of these Terms, risk to us or others, legal exposure, inactivity, or because we are done running this.

On termination, your license ends. Credits and in-app records may disappear. Sections that should survive do survive, including 1.2, 1.3, 5.1, 6, 7, 8 (license as needed to wind down), 9, and 14–22.

You may stop using the Service at any time. Ask us to delete your account under the Privacy Policy. Deletion does not unwind off-platform arrangements you made with other people.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.

We do not warrant that the Service will be accurate, complete, secure, uninterrupted, or free of errors or harmful components; that defects will be corrected; or that in-app results will match any sportsbook, broadcast, or private spreadsheet.

Some places do not allow certain disclaimer language. In those places, our disclaimers apply to the fullest extent allowed.

If you are a consumer with non-waivable statutory rights, those rights stay. These Terms do not take them away.

15. Release of other users

You release us and every other user from claims arising out of: (a) another user’s tickets, comments, or conduct; (b) a commissioner’s settings, voids, invites, or messages; (c) any off-platform arrangement; and (d) your decision to treat in-app results as meaningful outside the Service.

If you are a California resident, you waive California Civil Code §1542 (and any similar law), which says a general release does not extend to claims you do not know about. You understand that you may later discover claims you are releasing.

This release does not apply to a user’s own willful misconduct toward you to the extent a court says that cannot be released. It does apply to us to the full extent §16 allows.

16. Limitation of liability

Read this section.

To the maximum extent permitted by law, we — and our owners, family members, helpers, contractors, and later-formed entities — are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; any loss of profits, data, goodwill, or credits; any cash you expected from other people; or any personal disagreement that started in a group chat.

Our total liability for all claims arising out of the Service or the Policies will not exceed the greater of (a) the amount you paid us for the Service in the three months before the claim (which is $0 if the Service is free) or (b) fifty U.S. dollars (US $50).

These limits apply to any theory (contract, tort, negligence, strict liability, statute) and even if we were told damages were possible.

They do not apply to liability that Colorado or other controlling law says we cannot limit, including our own fraud or willful and wanton conduct.

You agree that the Service is free entertainment, that you can walk away at any time, and that this allocation of risk is a basic part of the bargain. If a court finds a remedy failed of its essential purpose, the liability cap still applies to the extent allowed.

Exclusive remedy. Subject to the non-waivable carve-outs above, your only remedy against us is in-app correction we choose to make, or to stop using the Service.

17. Indemnification

You will defend, indemnify, and hold harmless the Operator and our owners, family members, helpers, contractors, and later-formed entities from any claim, loss, damage, judgment, fine, and reasonable legal fees arising out of or related to:

1. your use of the Service;
2. your User Content;
3. your breach of the Terms or Policies, or of your representations;
4. your violation of law or of someone else’s rights;
5. any off-platform arrangement you join, organize, announce, collect for, or enforce;
6. any claim that in-app results obliged anyone to pay money;
7. your invitation of another person, including a person under 21.

We may take over the defense at your expense. You will not settle a claim that imposes any obligation on us without our written consent.

This indemnity does not require you to indemnify us for our own fraud or willful and wanton conduct.

18. Time limit to bring claims

To the extent the law allows, you must file any claim against us within one (1) year after the claim accrued, or it is permanently barred. This does not shorten a period that cannot legally be shortened.

19. Informal resolution; arbitration; class-action waiver

19.1 Informal resolution first

Before either of us files a claim, the complaining party must send a written description of the dispute and a proposed resolution to the other. Send yours to legal@misconin.com with the subject line “Dispute notice” and the email on your account. We will use the email on your account.

We will both try to resolve it in good faith for 30 days after the notice is received. This is a condition precedent to arbitration or court, except for temporary injunctive relief to protect IP or security, and except for small-claims cases under §19.6.

19.2 Binding arbitration

If the dispute is not resolved, it will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if those do not apply, its Commercial Rules), as modified by these Terms.

The Federal Arbitration Act governs interpretation and enforcement of this §19. The arbitrator, not a court, decides gateway issues of arbitrability, except that a court decides whether §19.8 (class waiver) is enforceable and whether you made a valid opt-out under §19.10.

19.3 Seat and law

The seat of arbitration is Denver, Colorado. Hearings may be by video unless the arbitrator requires otherwise. The arbitrator will apply the governing law in §20.

19.4 What the arbitrator can do

The arbitrator may award the same individualized damages and relief a court could award under these Terms. The arbitrator may not award class, collective, or representative relief. Judgment on the award may be entered in any court with jurisdiction.

19.5 Fees

AAA fee rules for consumer cases apply. If those rules require us to pay a larger share of filing or hearing fees than you, we will. If the arbitrator finds your claim was filed in bad faith or for an improper purpose, fee-shifting as allowed by the AAA rules or applicable law may apply.

Each side pays its own lawyers unless a statute or the arbitrator says otherwise.

19.6 Small claims carve-out

Either of us may bring an individual claim in small-claims court in the City and County of Denver, Colorado, or in a small-claims court in your county of residence, if the claim qualifies.

19.7 IP and security carve-out

We may go to court to stop unauthorized access, scraping, IP infringement, or a genuine security threat.

19.8 Class-action and jury waiver

YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. If a court or arbitrator finds this waiver unenforceable as to a particular claim or request for relief, that claim or request will be stayed in court and the rest will still be arbitrated.

19.9 Mass filings

If 25 or more similar demands are filed by the same counsel or coordinated filers, AAA batching or bellwether procedures will apply to the extent AAA rules allow. The parties will cooperate in good faith to sequence those cases. This is not a class action.

19.10 30-day opt-out

You may opt out of arbitration (not the rest of these Terms) by emailing legal@misconin.com within 30 days after you first accept these Terms, from the email on your account, with the subject “Arbitration opt-out” and your name. If you opt out, §19.2–19.9 do not apply to you, and §20’s court venue does. The class-action waiver in §19.8 will still apply to the extent the law allows. A valid opt-out is why this clause is more likely to be enforced, not a trick.

20. Governing law and venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Colorado, without regard to conflict-of-law rules that would apply another state’s law, except that the Federal Arbitration Act governs §19.

Subject to §19, exclusive venue is the state or federal courts located in the City and County of Denver, Colorado, and you consent to personal jurisdiction there. If you opt out of arbitration or a claim is not arbitrable, that is where it will be heard (except small claims under §19.6).

21. Notices

We may notice you by email to your account, by a message in the Service, or by posting on the Service. You notice us at:

legal@misconin.com

A notice to us is effective when we actually receive it. If that address is not yet active, use the contact method published on misconin.com and say it is a legal notice.

We do not accept service of process by email unless we agree in writing or the law requires it.

22. Miscellaneous

Entire agreement. These Terms and the other Policies are the entire agreement between you and us about the Service. They replace prior discussions. Marketing copy, group-chat messages, and commissioner texts are not contracts with us.

No waiver. If we do not enforce a provision, that is not a waiver.

Severability. If a provision is unenforceable, it will be modified to the minimum extent needed, or severed. The rest stays. §19.8 states what happens if the class waiver fails.

Assignment. You may not assign these Terms. We may assign them to a later-formed entity, affiliate, or successor (including an LLC that takes over the Service) without your consent. These Terms bind permitted successors.

No third-party beneficiaries, except the indemnified people in §17, who may enforce that section.

Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages, feed failures, labor issues, legal process, and acts of God.

Export and sanctions. You will not use the Service if you are on a U.S. sanctions list or in a comprehensively sanctioned jurisdiction.

Government users. The Service is a commercial item provided with only those rights these Terms give.

Headings are for reading, not interpretation.

Construction. “Including” means “including without limitation.” These Terms will not be construed against the drafter.

Relationship. Nothing here creates an employment, partnership, or agency relationship with you.

23. Contact

Questions about these Terms: legal@misconin.com.

Product feedback is not a legal notice. Use the feedback channel on misconin.com for bugs and copy. Use the address above if you are making a claim, a deletion demand, or an arbitration opt-out.