AthX Terms of Service

This Terms of Service ("TOS" or "Terms") is a legal agreement between you and The Athlete Sports Exchange LLC, a Delaware limited liability company ("we," "us," "our," or "AthX"). Our registered address is 8 The Green, Ste B, Dover, DE 19901.

These Terms govern your access to and use of the AthX platform, including our website (getathx.com), mobile applications, and any related services (collectively, the "Services"). The Services provide a skill-based platform for trading virtual (in-app) shares in athletes and teams based on published fantasy-point performance. Virtual shares are not securities of real teams or athletes and are not investment advice.

These Terms incorporate our Privacy Policy by reference. We reserve the right to update these Terms at any time, with notice provided as described in Section 13. Your continued use of the Services after changes constitutes acceptance of those changes.

THE SERVICES INVOLVE REAL-MONEY TRANSACTIONS AND ARE INTENDED FOR ENTERTAINMENT PURPOSES ONLY AS A GAME OF SKILL. ATHX IS NOT A SPORTSBOOK. PARTICIPATION IS AT YOUR OWN RISK, AND YOU MAY LOSE MONEY. WHETHER THE SERVICES ARE LAWFUL FOR YOU DEPENDS ON THESE TERMS AND APPLICABLE LAW; MARKETING LANGUAGE IS NOT A LEGAL CONCLUSION.

1. Eligibility

To use the Services, you must:

• Be at least 18 years old, except 19 years old if you are located in Nebraska. If we later offer the Services in additional states, a higher minimum age may apply in those states (for example, 21 in Arizona, Iowa, Louisiana, Massachusetts, or Virginia; 19 in Alabama).
• Be a legal resident of the United States, physically located in a currently available state, with a valid U.S. address. The Services are intended for U.S. users only.
• Be located in one of the currently available states: Alaska, California, Delaware, Florida, Georgia, Kansas, Minnesota, Mississippi, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, or Wyoming.
• Not be located in a restricted or unavailable jurisdiction, including Illinois, Kentucky, Missouri, Hawaii, Idaho, Montana, Nevada, Washington, Louisiana, any other U.S. state or territory not listed as currently available, or any non-U.S. location. We may geo-restrict access using IP-derived location and the state you provide at signup.
• Not be on any government exclusion lists or subject to sanctions.
• Not be an athlete, coach, team owner, employee, referee, league official, or immediate family member thereof, in any sport offered on the Platform.
• Not be an employee, contractor, or affiliate of AthX or any competing fantasy sports or sports-trading platform, nor have access to non-public data that could provide an unfair advantage.

We may require proof of eligibility, including government-issued ID, at any time. Violation of these requirements may result in immediate account suspension or termination, forfeiture of funds, and legal reporting if necessary.

2. Accounts

To use the Services, you must create an account ("Account") by providing accurate, current, and complete information, including your name, email address, date of birth, and payment details. You agree to update this information as needed.

• You may create only one Account per person. Multiple Accounts are prohibited and may lead to termination and forfeiture of all associated funds.
• You are responsible for maintaining the confidentiality of your Account credentials (username and password). You must notify us immediately of any unauthorized use.
• We reserve the right to refuse registration, suspend, or terminate Accounts at our sole discretion, including for suspected fraud, abuse, or violation of these Terms.
• Accounts are non-transferable and may not be sold, rented, or shared.

By creating an Account, you represent that all information provided is true and that you will comply with these Terms.

3. Deposits, Withdrawals, and Virtual Currency

The Services use an in-app virtual currency called AthX$ (also described as VC). The conversion rate is $1 USD = 20 AthX$ (and 20 AthX$ = $1 USD on withdrawal of available balances). Trading and trade fees occur in AthX$. Deposits and withdrawals are in USD. AthX is the merchant of record. USD deposits are processed by Whop on AthX's Whop account. AthX$ balances are internal platform ledger records, not a bank account and not a separate stored-value wallet issued by a sponsor bank.

• Deposits: Deposits are processed exclusively through Whop using approved payment methods (e.g., credit/debit cards). A processing fee (approximately 2.7% plus $0.30) is added to the deposited amount to cover card transaction costs (e.g., to receive $100 USD credited, you are charged $103.09 USD). The exact total is shown before you pay. The net amount after the fee converts to AthX$ at the rate above. Minimum net deposit is $10 USD. New accounts are subject to a $100/month deposit cap, which may increase with consecutive months of deposits and AthX Pro (currently up to $250/month standard and $300/month Pro). Deposits of $100 or more require a phone number on file. All deposits are final and non-refundable, except as required by law.
• Bonuses and Promotions: We may grant promotional AthX$ or bonus virtual shares (including a signup free share, referral shares, or deposit-related promo shares). Bonus and free shares generally cannot be sold manually and are handled through force-sell or auto-sell rules. Promotions are not a user-funded prize pool, are not a deposit match that requires entering a contest, and may expire or be modified as disclosed at the time of the offer.
• Withdrawals: You may withdraw available USD (converted from withdrawable AthX$ at 20 AthX$ = $1 USD) after connecting a bank account through Whop. Each withdrawal is subject to Whop's standard ACH processing fee (currently $2.50), which is deducted from the payout so you receive the remainder. AthX does not add a separate withdrawal markup. Minimum withdrawal is $10 USD. Some AthX$ balances (including any in-game tournament-winnings bucket, if present) are not directly withdrawable. Withdrawals may take several business days and are subject to identity and bank verification through Whop, fraud review, and compliance checks. We may withhold withdrawals for investigations or legal requirements. We do not offer peer-to-peer cash transfers between users.
• Trade fees: Fees are outcome-independent and shown before you confirm a trade. Standard buy fee: 1%. AthX Pro buy fee: 0%. Manual sell fees for standard users typically around 3%, and may be 4% if held under 3 days, 3.5% if held 3–7 days, or lower during designated event periods. AthX Pro manual sells use a 2% baseline (events may reduce; no short-hold penalty). Force-sell / auto-sell: 2% standard, 1% AthX Pro. AthX Pro is $9.99/month or $89.99/year unless we change pricing with notice.
• Unclaimed property: Inactive or abandoned Account balances may be escheated to the applicable state as required by unclaimed-property law.
• Taxes: You are responsible for all taxes on any gains, bonuses, or other amounts. We may issue tax forms and withhold as required by law.
• How funds are held: USD is collected and paid out through Whop. AthX$ is a platform ledger used to buy and sell virtual shares. AthX is not a bank, money-market fund, or broker-dealer. Virtual shares and AthX$ have value only within the Services under these Terms.

Financial transactions are subject to anti-money laundering (AML) and know-your-customer (KYC) checks, including Stripe's checks for payments and Connect payouts.

4. Trading and Platform Mechanics

AthX is a skill-based sports trading platform. You buy and sell virtual shares in athletes and teams ("Shares") at displayed prices. MLB player and team Shares are the live marketplace. NFL Share IPOs, if and when offered, use the same account and fee model; NFL trading is not live until we open it in-product. The Services are not a sportsbook: we do not offer moneylines, spreads, or prop bets. The Services are not a classic daily-fantasy prize-pool contest: you do not pay an entry fee into a pooled purse against other users for a predetermined cash prize table.

• Trading rules: Shares may be fractional (platform minimum as configured, currently as low as 0.0001). Supply is limited. New assets may have a fixed-price IPO period (typically three days, or a published NFL IPO window) equal to projected rest-of-season fantasy points, then dynamic pricing. Prices reflect AthX Engine fantasy-point performance/pace and buy/sell pressure, with a $0.01 price floor and other movement safeguards. Trade fees apply as described in Section 3 and are shown before confirm.
• Force-sells / auto-sells: We may automatically sell Shares, including player and team Shares (for example, roster removal, long-term inactivity, end of that club's season such as a playoff miss, elimination, or the day after the championship, or certain off-season unavailability). Proceeds credit to AthX$ after applicable fees. Free and bonus Shares cannot be sold manually.
• Platform-paid credits: Eligible holdings held 30+ days may receive a 1% dividend in AthX$ if the asset is on pace versus purchase-price pace (FIFO lots). Users holding 10+ different assets at 1.0+ shares each may receive a monthly diversity bonus in AthX$ (0.25% of portfolio for standard users; 0.50% for AthX Pro). These are paid by the platform, not from a user-funded contest purse.
• Optional features: We may offer leaderboards, educational modules, or other skill-based features. Any tournament or mini-game rewards, if offered, are in-game AthX$ or bonus Shares only and are not cash prize-pool contests. Tournament AthX$, if any, may be non-withdrawable and usable only on the platform.
• Scoring and data: Fantasy points and projections use AthX Engine and third-party sports data. We make no warranties on accuracy; final scoring and prices are at our discretion, including adjustments for errors.
• Prohibited conduct: No automated trading, collusion, or use of non-public information. Violations may result in disqualification, fund forfeiture, and bans.

The Services are for entertainment only and do not constitute investment, financial, or legal advice. Virtual Shares are in-app items only.

5. Game of Skill Disclaimer

AthX is designed as a game of skill, not a sportsbook and not a chance-based wager on a single sporting event. Outcomes depend on accumulated real-world athletic performance (scored under published formulas) and your trading decisions within these rules. Classification can still depend on law in your jurisdiction. We make no representation that the Services are lawful everywhere; you must only use them where we offer them and where you are eligible. Marketing language is not a legal conclusion.

6. Intellectual Property

The Platform, including all content, logos, software, and features (collectively, "Content"), is owned by AthX or its licensors and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, revocable license to access the Services for personal use. You may not copy, modify, distribute, or reverse-engineer any Content without our written consent.

User-generated content (e.g., shared portfolios) grants us a perpetual, royalty-free license to use, reproduce, and display for promotional purposes.

7. User Conduct and Prohibited Activities

You agree not to:

• Use the Services for illegal purposes or in violation of any law.
• Engage in fraud, money laundering, or unauthorized transactions.
• Use automated scripts, bots, or multiple Accounts.
• Harass, threaten, or impersonate others.
• Share non-public information or collude with other users.
• Attempt to manipulate prices, scoring, force-sells, or platform-paid credits.

We may monitor activity and cooperate with law enforcement. Violations may lead to Account termination and legal action.

8. Termination and Suspension

We may suspend or terminate your Account at any time, with or without notice, for any reason, including TOS violations. Upon termination, we may close open positions, apply applicable fees, and process remaining withdrawable USD subject to these Terms, fraud review, and law. We may retain amounts needed to cover outstanding obligations. You are not entitled to bonus Shares or non-withdrawable in-game balances after termination.

9. Disclaimers and Limitations of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, even if advised of the possibility. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

You agree to indemnify and hold AthX harmless from any claims, losses, or damages arising from your use of the Services or violation of these Terms.

10. Dispute Resolution and Arbitration

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration shall be individual only—no class actions.

The arbitrator's decision is final and binding. You waive the right to a jury trial. This section is governed by the Federal Arbitration Act.

You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to The Athlete Sports Exchange LLC, 8 The Green, Ste B, Dover, DE 19901.

Governing Law: These Terms are governed by the laws of Delaware, without regard to conflict of laws principles.

11. Responsible Play

We promote responsible use of the Services. Tools include deposit limits, self-exclusion, and cooling-off periods. If you have a problem, contact the National Problem Gambling Helpline at 1-800-GAMBLER or visit ncpgambling.org.

12. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and protect your data. By using the Services, you consent to our data practices.

13. Changes to Terms

We may update these Terms at any time. We will notify you via email or in-app notice at least 30 days in advance for material changes. Continued use constitutes acceptance. If you disagree, you may terminate your Account.

14. Miscellaneous

• Severability: If any provision is invalid, the remainder remains in effect.
• No Waiver: Failure to enforce any term is not a waiver.
• Assignment: We may assign these Terms; you may not without our consent.
• Entire Agreement: These Terms constitute the full agreement.
• Contact: For questions, email support@getathx.com or mail to The Athlete Sports Exchange LLC, 8 The Green, Ste B, Dover, DE 19901, or call (302) 215-3636.