Terms of Service

1. ACCEPTANCE OF TERMS

By downloading, accessing, or using the Kinetic mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Redak Code Inc., a corporation incorporated under the federal laws of Canada (CBCA), with its principal place of business in Hamilton, Ontario, operating as Kinetic ("Kinetic," "Company," "we," "us," or "our").

2. ELIGIBILITY AND GEOGRAPHIC RESTRICTIONS

2.1 Age Requirement

You must be at least 18 years of age to use Kinetic. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement under the laws of your jurisdiction.

2.2 Geographic Restrictions

The App is intended for use in jurisdictions where sports prediction entertainment applications are lawful. You are solely responsible for determining whether your use of the App complies with the laws of your jurisdiction.

2.3 Account Requirement

You must maintain a valid account with the Apple App Store or Google Play Store (as applicable) to make in-app purchases.

3. DESCRIPTION OF SERVICE

Kinetic is a sports prediction and entertainment platform that allows users to:

• Make predictions on professional sporting events
• Compete in prediction leagues against other users
• Earn and spend KineticCoins (virtual currency)
• Redeem KineticCoins for select digital gift cards
• Purchase KineticCoins through in-app purchases

Kinetic is intended for entertainment purposes only. We do not offer gambling, sports betting with real money, or any form of cash wagering. KineticCoins have no monetary value and cannot be redeemed for cash.

4. KINETICCOINS — VIRTUAL CURRENCY

4.1 Nature of KineticCoins

KineticCoins are a virtual, in-app currency used exclusively within the Kinetic platform. KineticCoins: (a) have no real-world monetary value; (b) are not legal tender; (c) are not redeemable for cash or cash equivalents; (d) are not transferable to another account; and (e) do not constitute property of any kind.

4.2 Purchasing KineticCoins

KineticCoins may be purchased through the Apple App Store or Google Play Store using in-app purchases processed by Apple Inc. or Google LLC respectively. All purchase transactions are subject to the terms and conditions of the applicable app store.

4.3 Earning KineticCoins

KineticCoins may also be earned through platform activities such as correct predictions, league winnings, promotional events, and subscription benefits.

4.4 No Refunds

All KineticCoin purchases are final and non-refundable, except as required by applicable Canadian consumer protection law or as mandated by Apple App Store or Google Play refund policies.

4.5 Expiration and Discontinuation

KineticCoins do not expire as long as your account remains active. Kinetic reserves the right to modify, suspend, or terminate the KineticCoins program with 30 days' advance notice.

5. PREDICTION LEAGUES

Certain leagues require an entry fee paid in KineticCoins. Participation does not guarantee any winnings. Results are based on the accuracy of your sports predictions. If a sporting event is cancelled or postponed, Kinetic will resolve the league at its reasonable discretion.

6. GIFT CARD REDEMPTIONS

Users may redeem KineticCoins for select digital gift cards from third-party retailers. Redemptions are processed within up to 10 business days and are final once processing has begun.

7. USER ACCOUNTS

You must create an account to use Kinetic. You are responsible for maintaining the confidentiality of your account credentials. You may only maintain one Kinetic account. Creating multiple accounts is prohibited and may result in permanent suspension.

8. USER CONTENT

By submitting content to the App, you grant Kinetic a non-exclusive, worldwide, royalty-free licence to use, display, and reproduce such content solely for the purpose of operating and improving the App.

9. PROHIBITED CONDUCT

• Use the App for any unlawful purpose
• Attempt to manipulate prediction outcomes or scoring systems
• Use bots, scripts, or automated tools
• Reverse engineer any part of the App
• Transfer, sell, or trade your account or KineticCoins
• Engage in abusive or fraudulent behaviour
• Create multiple accounts or use fake identities

10. INTELLECTUAL PROPERTY

All content, features, and functionality of the App are owned by or licensed to Kinetic and are protected by Canadian and international intellectual property laws.

11. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KINETIC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINETIC'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID FOR KINETICCOINS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Redak Code Inc. and its officers, directors, employees, and agents from any claims arising out of your use of the App or violation of these Terms.

14. TERMINATION

Kinetic reserves the right to suspend or terminate your account if you violate these Terms. You may delete your account at any time through the App. Upon deletion, unused KineticCoins are forfeited.

15. MODIFICATIONS TO TERMS

We may update these Terms at any time. For material changes, we will provide at least 14 days' advance notice through the App or by email.

16. DISPUTE RESOLUTION

Any dispute shall be resolved by binding arbitration administered by the ADR Institute of Canada (ADRIC) under its National Arbitration Rules. The seat of arbitration shall be Hamilton, Ontario, Canada. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada.

17. CONTACT

For questions about these Terms, contact us at: legal@kineticapp.ca

Redak Code Inc., operating as Kinetic
Hamilton, Ontario, Canada