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 websites (getathx.com and athexhq.com), mobile applications, and any related services (collectively, the "Services"). The Services provide a skill-based platform for trading virtual shares in athletes based on their performance in fantasy sports contexts.

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. THEY ARE NOT GAMBLING. PARTICIPATION IS AT YOUR OWN RISK, AND YOU MAY LOSE MONEY.

1. Eligibility

To use the Services, you must:

• Be at least 18 years old (or 21 years old in states where required, such as Arizona, Iowa, Louisiana, Massachusetts, or Virginia; 19 in Alabama or Nebraska).
• Be physically located in a jurisdiction where participation in skill-based fantasy sports contests is legal and not prohibited by applicable law.
• Not be located in any restricted state or territory, including but not limited to Arizona, Hawaii, Idaho, Louisiana (certain parishes), Montana, Nevada, Washington, or any other jurisdiction where paid fantasy sports are deemed illegal.
• Be a legal resident of the United States, with a valid U.S. address (the Services are intended for U.S. users only).
• 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 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 a virtual currency ("VC") where $1 USD = 20 VC. All transactions, including trading and rakes, occur in VC, but deposits and withdrawals are in USD.

• Deposits: Deposits are processed exclusively through Stripe. You may fund your Account using approved payment methods supported by Stripe (e.g., credit/debit cards, ACH). Deposits are subject to a 3% processing fee added to the deposited amount to cover transaction costs (e.g., to receive $100 USD credited to your account, you will be charged $103 USD total). The net amount after the fee is converted to VC at the rate above. Minimum net deposit is $5 USD (before fee). All deposits are final and non-refundable, except as required by law. We may impose deposit limits per applicable regulations.
• Bonuses and Promotions: We may offer promotional VC bonuses (e.g., deposit matches up to $50 USD equivalent). Bonuses are calculated based on the net deposited amount and are subject to play-through requirements (e.g., entering contests equal to the bonus value) and may expire if unused.
• Withdrawals: Withdrawals are processed exclusively through Stripe. You may withdraw available USD balances (post-rakes and after any required verifications) via approved methods supported by Stripe. Withdrawals are subject to a 3% processing fee (deducted from the withdrawn amount) to cover transaction costs. Minimum withdrawal is $10 USD (before fee). Withdrawals are processed within 5–10 business days, subject to identity verification (e.g., KYC checks, including SSN for tax purposes). We may withhold withdrawals for fraud investigations or compliance.
• Fees: No fees on buys. A 3% rake applies to manual sells (deducted from proceeds in VC). A 2% rake applies to auto-payouts at season end. Inactivity fees: After 24 months of inactivity, a $2.99 USD monthly fee until activity resumes. Abandoned Accounts (after 36–60 months, per state law) may have funds escheated to the state.
• Taxes: You are responsible for all taxes on winnings. We may issue IRS Form 1099-MISC for winnings over $600 annually and withhold taxes as required (e.g., 24% backup withholding for non-compliant users).
• Segregated Funds: User deposits and winnings are held in segregated accounts and are not used for operational expenses. In the event of bankruptcy, these funds belong to users.

All financial transactions are subject to anti-money laundering (AML) and know-your-customer (KYC) checks.

4. Trading, Contests, and Platform Mechanics

AthX is a platform for trading virtual shares in athletes ("Athlete Shares") based on their fantasy sports performance, as a game of skill.

• Trading Rules: Athlete Shares have limited supply based on scarcity (e.g., elite players have fewer shares). Initial Public Offerings (IPOs) occur prior to seasons at projected values. Prices fluctuate with performance and demand. Buys are at market price with no fee; sells incur a 3% rake on proceeds. Auto-liquidations occur at season end with a 2% rake on payouts.
• Contests and Features: You may participate in trading contests, leaderboards, or educational modules. All outcomes are determined by skill in analyzing athlete performance, projections, and scarcity.
• Payouts: Season-end payouts are based on cumulative fantasy points multiplied by scarcity factors, converted to VC, and then USD for withdrawal. Payouts are tentative until verified and may be adjusted for errors.
• Data Sources: Athlete stats and fantasy points are sourced from third-party providers (e.g., SportsDataIO, ESPN APIs). We make no warranties on accuracy; final scoring is at our discretion.
• 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 advice.

5. Game of Skill Disclaimer

AthX is a game of skill, not chance or gambling. Success depends on your knowledge of sports, athlete performance, fantasy scoring, scarcity mechanics, and strategic trading. Outcomes are not determined by single events or random elements but by accumulated skill over time. We make no representations that the Services are legal in all jurisdictions; it is your responsibility to ensure compliance with local laws.

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, payouts, or contests.

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, you forfeit any remaining VC or prizes, and we may retain funds to cover outstanding obligations.

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 Gaming

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 relevant resources.

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.