Terms of Service

1. Who We Are

Krusher provides a sports analytics software platform that helps users review publicly available sports information, statistics, matchup data, and related insights.

Krusher is not:

• a bookmaker
• a broker
• a registered investment adviser
• a commodity trading advisor
• a financial planner
• a legal advisor
• or a platform that executes trades on your behalf.

2. No Financial, Investment, or Trading Advice

The Service is for informational and educational purposes only.

We do not provide:

• investment advice
• financial advice
• trading advice
• legal advice
• tax advice
• or personalized recommendations.

Any analytics, projections, scores, probabilities, opinions, or model outputs shown in the Service are provided for general informational purposes only and should not be relied upon as the sole basis for any decision.

You are solely responsible for any decisions you make, including any decision to use a third-party platform such as Kalshi or any other service.

3. No Trade Execution or Account Control

Krusher does not:

• place trades for you
• submit orders on your behalf
• control your account
• manage your funds
• hold customer balances
• or act as a custodian of any user assets.

If you choose to use a third-party platform, you do so independently and at your own risk.

4. Eligibility

You may use the Service only if:

• you are at least 18 years old, or the age of majority in your jurisdiction
• you have the legal capacity to enter into a binding contract
• your use of the Service does not violate any applicable law or regulation
• and you are not barred from using the Service under any applicable sanctions or restrictions.

If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity.

5. User Accounts

If you create an account, you agree to:

• provide accurate and complete information
• keep your login credentials secure
• notify us immediately of unauthorized access
• and be responsible for activity that occurs through your account.

You may not share your account with others or allow others to access it unless we expressly allow it.

6. Permitted Use

You may use the Service only for lawful purposes and only in accordance with these Terms.

You agree not to:

• misuse the Service
• interfere with system security or performance
• reverse engineer, scrape, or copy the Service except as permitted by law
• use the Service to violate any law or regulation
• upload malicious code
• or attempt to gain unauthorized access to any account, system, or network.

7. Prohibited Uses Related to Trading Platforms and Market Data

You agree not to use the Service to:

• impersonate another user
• provide false information
• facilitate unauthorized access to third-party trading accounts
• automate trades on behalf of others
• copy or mirror another user's trading activity
• or use the Service in a manner that would violate the terms of any third-party platform, including Kalshi.

We may suspend or terminate access if we believe your use creates legal, security, or compliance risk.

8. Third-Party Services

The Service may reference, display, or link to third-party services, websites, APIs, data providers, or platforms, including Kalshi, ESPN, and others.

We are not responsible for the content, availability, accuracy, policies, or legal compliance of third-party services, or for any loss or damage caused by your use of them.

Your use of third-party services is governed by their own terms and policies.

9. Data and Information Sources

The Service may display sports information, statistics, matchup details, and related content from third-party and public sources.

We do not guarantee that any data is complete, current, accurate, uninterrupted, or error-free.

You acknowledge that data may contain delays, inaccuracies, omissions, or formatting issues.

10. Subscription Fees

Some parts of the Service may require payment of subscription fees.

If you subscribe, you agree to pay the fees disclosed at checkout or in your account settings. Fees may be billed monthly, quarterly, annually, or otherwise as stated when you sign up.

Billing and renewal: subscriptions may auto-renew unless canceled. You authorize us and our payment processor to charge your payment method for recurring fees. Taxes may apply where required by law.

Cancellation: you may cancel your subscription according to the cancellation instructions in the Service. If you cancel, you may continue to have access until the end of the then-current billing period unless otherwise stated.

No refunds: unless required by law or expressly stated otherwise, fees are non-refundable.

11. No Per-Trade Fee Unless Expressly Stated

If we ever offer a fee tied to a particular feature or usage amount, that fee will be clearly disclosed in advance.

At this time, unless we specifically state otherwise, your fees are limited to the subscription or other amounts shown at checkout.

12. Intellectual Property

The Service, including its software, design, text, graphics, logos, features, and content created by us, is owned by Krusher or our licensors and is protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business use, subject to these Terms.

You may not copy, modify, resell, distribute, publicly display, or create derivative works of the Service except as permitted by law or by us in writing.

13. User Content

If you submit content, feedback, reviews, suggestions, or other materials to us, you grant Krusher a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, and display that content in connection with the Service and our business.

You represent that you have the rights needed to submit any content you provide.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to our collection, use, and sharing of information as described in the Privacy Policy.

15. No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRUSHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR SECURITY.

We do not guarantee that the Service will be uninterrupted, that any data will be accurate or complete, that the Service will meet your expectations, or that any specific results will be achieved.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• KRUSHER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• KRUSHER WILL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL;
• AND KRUSHER'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO KRUSHER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

If applicable law does not allow the exclusion or limitation of certain damages, some of the above may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Krusher, its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• your use of the Service
• your violation of these Terms
• your violation of any law or regulation
• your violation of any third-party rights
• or your use of any third-party platform or data source.

18. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you violated these Terms, your use creates legal or security risk, or termination is necessary to protect the Service, our users, or third parties.

You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including intellectual property, fees owed, disclaimers, limitation of liability, indemnity, and dispute provisions.

19. Changes to the Service or Terms

We may modify the Service or update these Terms from time to time.

If we make material changes, we will provide notice by posting the updated Terms or through the Service. Your continued use of the Service after the updated Terms become effective means you accept them.

20. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, and not in court, except that you may bring qualifying claims in small claims court if eligible.

You and Krusher agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

(This section is currently the working draft and is subject to final attorney customization including, where appropriate, a delegation clause and reference to AAA consumer arbitration rules.)

21. Governing Law

These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-law principles, except where federal law applies.

22. Miscellaneous

These Terms, together with our Privacy Policy and any additional terms for specific features, form the entire agreement between you and Krusher regarding the Service.

If any provision is found unenforceable, the remaining provisions remain in effect.

Our failure to enforce any right will not be a waiver of that right.

You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

23. Contact Us

If you have questions about these Terms, contact us at: